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Henry V. Mississippi And The Adequate State Ground: Proposals For A Revised Doctrine, Terrance Sandalow

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More than a century ago, the then former Justice Curtis reminded the Bar that "questions of jurisdiction were questions of power as between the United States and the several States." Accordingly, any expansion of the jurisdiction of federal courts is an occasion for alarm for those to whom the slogan of "state's rights" is a substitute for analysis. Justice Curtis was aware, however, that Scylla and Charybdis were both to be avoided. Failure to extend the jurisdiction of federal courts to appropriate cases may be as great a disservice to the federal system as an undue expansion of that jurisdiction. …