Cisco Systems, Inc. v. Doe · ¶13

At the time, the Articles of Confederation did not provide a federal forum to redress injuries like these. True, the wronged foreign officials could resort to state court. But Secretary of Foreign Affairs John Jay cautioned that “the Federal Government does not appear . . . to be vested with any judicial powers competent to the cognizance and judgment of such cases.” 3 Dept. of State, The Diplomatic Correspondence of the United States of America 446 (1837). Other leading figures were similarly troubled that the Articles failed to “provi[de] for the case of offenses against the law of nations” and “consequently le[ft] it in the power of any indiscreet member to embroil the Confederacy with foreign nations.” The Federalist No. 42, p. 265 (C. Rossiter ed. 1961) (J. Madison).

slip opinion
Source edition
Passage preview. Read in context for the complete text, notes and references.