International Law in Judicial Interpretation in the United States

The judicial power of the United States extends not only to all cases, in law and equity, arising under the constitution and the laws of the United States, but under "treaties made, or which shall be made, under their authority; to all cases affecting ambassadors, other public ministers and consuls; to all cases of admiralty and maritime jurisdiction", and "to controversies...between a state, or the citizens thereof, and foreign states, citizens or subjects."Thus, under the constitution, Congress has considerable powers within the sphere of international law and the federal courts have extensive jurisdiction whenever cases under it arise. But it is well to remember that the great body of international law which concerns itself with the rights of private individuals, and is generally called private international law, does not come within the scope of federal legislation, except as it may be brought there by proper exercise of the treaty making power. Article three, section two, paragraph one of the federal constitution is jurisdictional and simply makes the federal courts the proper forum in a certain " class of cases, while paragraph ten, of section eight, article one of the constitution, concerning felonies and piracies committed on the high seas and offences against the law of nations, relates wholly to acts of a criminal nature. This is so not only by reason of the rule that where general words follow a designation of particular subjects or classes of persons, the meaning of the general words will ordinarily be presumed to be restricted by the particular designation, and to include only things or persons of the same kind, class or nature as those specifically enumerated, unless there is a clear manifestation of a contrary purpose, but also because the term offense is applied to breaches of laws enacted for the protection of the public as distinguished from an infringement of mere private rights , and the expression relating only to punishable violations of law, either felonies or misdemeanors.