Page:Franchise Tax Board of California v. Hyatt.pdf/3

Rh they are no longer fully independent nations free to disregard each other’s sovereignty. See New Hampshire v. Louisiana, 108 U. S. 76, 90. Hyatt’s argument is precisely the type of “ahistorical literalism” this Court has rejected when “interpreting the scope of the States’ sovereign immunity since the discredited decision in Chisholm.” Alden, supra, at 730. Moreover, his argument proves too much. Many constitutional doctrines not spelled out in the Constitution are nevertheless implicit in its structure and supported by historical practice, e. g., judicial review, Marbury v. Madison, 1 Cranch 137, 176–180. Pp. 12–16.

, delivered the opinion of the Court, in which, and , , and , joined. , filed a dissenting opinion, in which, , and , joined.