onstitution, the Supreme Court has held since 1792 that its original
jurisdiction flows directly from the Constitution and is therefore
self-executing without further action by the Congress. In the famous
case of Chisholm _v._ Georgia[579] the Supreme Court entertained an
action of assumpsit against Georgia by a citizen of another State.
Although the 13th section of the Judiciary Act of 1789 invested the
Supreme Court with original jurisdiction in suits between a State and
citizens of another State, it did not authorize actions of assumpsit in
such cases, nor did it prescribe forms of process for the Court in the
exercise of original jurisdiction. Over the dissent of Justice Iredell,
the Court in opinions by Chief Justice Jay and Justices Blair, Wilson,
and Cushing, sustained its jurisdiction and its power, in the absence of
Congressional enactments, to provide forms of process and rules of
procedure. So strong were the States' rights sentiments of the times
that Georgia refused to appear as a party litigant, and other States
were so disturbed that the Eleventh Amendment was proposed forthwith and
ratified. This amendment, however, did not affect the direct flow of
original jurisdiction to the Court, which continued to take jurisdiction
of cases to which a State was party plaintiff and of suits between
States without specific provision by Congress for forms of process. By
1861 Chief Justice Taney could enunciate with confidence, after a review
of the precedents, that in all cases where original jurisdiction is
given by the Constitution, the Supreme Court has authority "to exercise
it without further act of Congress to regulate its powers or confer
jurisdiction, and that the Court may regulate and mould the process it
uses in such manner as in its judgment will best promote the purposes of
justice."[580]

CANNOT BE ENLARGED; MARBURY _v._ MADISON

Since the original jurisdiction is derived directly from the
Constitution, it follows logically that Congress can neither restrict it
nor, as was held in the great case of Marbury _v._ Madison,[581] enlarge
it. In holding void the 13th section of the Judiciary Act of 1789, which
was interpreted as giving the Court power to issue a writ of mandamus in
an original proceeding, Chief Justice Marshall declared that "a negative
or exclusive sense" had to be given to the affirmative enunciation of
the cases to which original jurisdiction extends.[582] While the rule
that the Supreme