gment was rendered against West Virginia in
1915. Finally in 1917 Virginia filed a suit against West Virginia to
show cause why, in default of payment of the judgment, an order should
not be entered directing the West Virginia legislature to levy a tax for
payment of the judgment.[477] Starting with the rule that the judicial
power essentially involves the right to enforce the results of its
exertion,[478] the Court proceeded to hold that it applied with the same
force to States as to other litigants,[479] and to consider appropriate
remedies for the enforcement of its authority. In this connection, Chief
Justice White declared: "As the powers to render the judgment and to
enforce it arise from the grant in the Constitution on that subject,
looked at from a generic point of view, both are federal powers and,
comprehensively considered, are sustained by every authority of the
federal government, judicial, legislative, or executive, which may be
appropriately exercised."[480] The Court, however, left open the
question of its power to enforce the judgment under existing legislation
and scheduled the case for reargument at the next term, but in the
meantime West Virginia accepted the Court's judgment and entered into an
agreement with Virginia to pay it.[481]

Controversies Between a State and Citizens of Another State

The decision in Chisholm _v._ Georgia[482] that this category of cases
included equally those where a State was a party defendant provoked the
proposal and ratification of the Eleventh Amendment, and since then
controversies between a State and citizens of another State have
included only those cases where the State has been a party plaintiff or
has consented to be sued. As a party plaintiff, a State may bring
actions against citizens of other States to protect its legal rights or
as _parens patriae_ to protect the health and welfare of its citizens.
In general, the Court has tended to construe strictly this grant of
judicial power which simultaneously comes within its original
jurisdiction by perhaps an even more rigorous application of the
concepts of cases and controversies than that in cases between private
parties.[483] This it does by holding rigorously to the rule that all
the party defendants be citizens of other States,[484] and by adhering
to Congressional distribution of its original jurisdiction concurrently
with that of other federal courts.[485]

NON-JUSTICIABLE CONTROVERSIES

The Supre