Trump v. Barbara · ¶42

The scope of that power was well settled in 1868, largely by “the celebrated case” of Schooner Exchange v. McFad don, 7 Cranch 116. See H. Wheaton, Elements of International Law §96, p. 154 (8th ed. 1866). Expounding on “general principles,” Chief Justice Marshall explained that “jurisdiction” referred to “the full and complete power of a nation within its own territories.” 7 Cranch, at 136. That “absolute” power was “susceptible of no limitation not imposed” by the nation itself. Ibid. All sovereigns, however, were understood to have impliedly waived their jurisdiction in “certain peculiar circumstances”—in essence, where exercising jurisdiction would “degrade the dignity” of “foreign sovereigns.” Id., at 136–137. As in the context of jus soli, those peculiar circumstances arose most frequently in the case of “foreign ministers.” See id., at 138–139. “[E]very sovereign would hazard his…

slip opinion, revised 7/01/26
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