was
added without objection.[564] Undoubtedly the motivation for this
extension of the judicial power was the existence of boundary disputes
affecting ten States at the time the Philadelphia Convention met. With
the Northwest Ordinance of 1787, the ultimate settlement of boundary
disputes between States, and the passing of land grants by States, this
clause, never productive of many cases, has become obsolete.[565]

Controversies Between a State, or the Citizens Thereof, and Foreign
States, Citizens or Subjects

The scope of this jurisdiction has been limited both by judicial
decisions and the Eleventh Amendment. By judicial application of the Law
of Nations a foreign State is immune from suit in the federal courts
without its consent,[566] an immunity which extends to suits brought by
States of the American Union.[567] Conversely, the Eleventh Amendment
has been construed to bar suits by foreign States against a State of the
American Union.[568] Consequently, the jurisdiction conferred by this
clause comprehends only suits brought by a State against citizens or
subjects of foreign States, by foreign States against American citizens,
citizens of a State against the citizens or subjects of a foreign State,
and by aliens against citizens of a State.

SUITS BY FOREIGN STATES

The privilege of a recognized foreign State to sue in the courts of a
foreign State upon the principle of comity is recognized by both
International Law and American Constitutional Law.[569] To deny a
sovereign this privilege "would manifest a want of comity and friendly
feeling."[570] Although national sovereignty is continuous, a suit in
behalf of a national sovereign can be maintained in the courts of the
United States only by a government which has been recognized by the
political branches of our own government as the authorized government of
the foreign State.[571] Once a foreign government avails itself of the
privilege of suing in the courts of the United States, it subjects
itself to the procedure and rules of decision governing those courts and
accepts whatever liabilities the Court may decide to be a reasonable
incident of bringing the suit.[572] Also, certain of the benefits
extending to the domestic sovereign do not extend to a foreign sovereign
suing in the courts of the United States. Thus a foreign sovereign does
not receive the benefit of the rule which exempts the United States and
its member States from the operation of the s