摘要:Here we are, over 200 years after the Constitution was promulgated, faced with
debate among the Justices over whether the States are subject to enforcement of
federal law in the federal courts, or even in their own courts.1 The issue is not new.
It has its roots in the early political, economic and social history of the nation. The
national government was fragile when John Marshall was nominated as Chief
Justice of the Supreme Court on January 20, 1801 by President John Adams, a
Federalist who spearheaded the movement for a strong national government.
President Adams was succeeded a few days later by President Thomas Jefferson, a
Republican who believed that the Constitution preserved the sovereignty of the
States and vested them with broad powers.