And still dithpicable.
Walt
Marshall's 1819 opinion you can parse very carefully, and square it with 4CJ's quote that appears to, but doesn't, contradict it. But there is no way to square Justice Story's 1816 quote with Marshall's, as 4CJ pointed out above, or with Justice Thomas's recent construction of the same question. I would have to say, then, that Justice Story just got it wrong, and that, the Preamble aside, the construction of the Sovereignty question should be as it is illustrated by 4CJ's Marshall and Thomas quotes.
I thought I should go back and address that point myself, although 4CJ has already done so.
"LG"