The government class book / Designed for the instruction of youth in the principles of constitutional government and the rights and duties of citizens.

by Andrew W. Young

Chapter XLII.

Judicial Department.

§1. We come now to the third article of the constitution. The first two sections provide for the organization, and prescribe the powers, of the courts of the United States. The want of a national judiciary was a material defect of the confederation. Dependence upon the state courts to enforce the laws of the union, subjected the government to great inconvenience and embarrassment. A government that has a legislature and an executive, should also have a judiciary to judge of and interpret the laws. The constitution declares that "the judicial power of the United States shall be vested in one supreme court, and in such inferior courts as the congress may ordain and establish." Under the authority here given, congress passed the judiciary act of 1789, by which the several courts of the United States were established.

§2. The same section declares, "The judges of both the supreme and inferior courts shall hold their offices during good behavior." In no other department of the general government are offices held for so long a term, which is virtually for life, unless removed on impeachment, or for inability. To insure a correct and impartial administration of justice, the judges should be independent. If they could be displaced at the pleasure of the appointing power, or by frequent elections, they might be tempted to conform their opinions and decisions to the wishes of those on whom they were dependent for continuance in office. The object of the framers was to remove them as far as possible from party influence.

§3. It is further provided, with a view to the independence of the judges, that their "compensation shall not be diminished during their continuance in office." Salaries are fixed by congress. To give congress power over the purse of an officer, is to give it power over his will. Dependence upon the legislature would be as great an evil as dependence upon the appointing power. Besides, men generally selected for high judicial offices are eminent lawyers, pursuing a lucrative professional business; and, without a liberal salary, men of the greatest ability would not accept these offices; or if in office, an essential reduction of their compensation might induce them to resign their offices.

§4. The next section enumerates the cases to be tried in these courts. It is evident from their nature that state courts are not the proper tribunals to try them. Also all violations of the laws of the United States are tried in the national courts. Thus, the counterfeiting of United States coin, murder and other crimes committed on the sea, beyond the jurisdiction of a state, smuggling goods, that is, secretly importing dutiable goods without paying the duties, infringements of patent rights, &c., are prosecuted in courts of the United States.

§5. The third clause of this section declares, that "the trial of all crimes, except in cases of impeachment, shall be by jury; and such trial shall be held in the same state where the said crimes shall have been committed." This is intended to secure the trial of the accused among his friends and acquaintances, and near the residence of his witnesses, whose attendance in a distant state could not be had without great inconvenience and expense, which might deprive him of the benefit of an important witness.

§6. There are three kinds of national courts: the supreme court, circuit courts, and district courts. Every state constitutes at least one district. The larger states are divided into two or more districts. In each district is a district judge, who holds a court four times a year. There are also in each district, a district attorney, to conduct suits on the part of the United States, and a marshal, whose business is similar to that of a sheriff. This court tries the more common civil cases, arising under the laws of the United States, and the lower crimes against the laws of the United States, committed on land and sea. This court has in some cases a jury.

§7. There are nine circuits, each embracing several states. In each circuit is a justice or a judge, who holds a court in his circuit twice a year. The district judge of the district in which a circuit court is held, sits with the circuit judge in holding a circuit court. This court tries causes between citizens of different states, between aliens and citizens, and those in which the United States are a party. It also tries some cases in appeal from the district courts. It tries matters relating to affairs on the high seas, and all felonies punishable with death. It has a grand and a petit jury.

§8. The supreme court is composed of the nine judges of the circuit courts, one of whom is chief-justice, the others are called associate justices. It holds one session annually at the seat of government, commencing in January or February, and continuing about two months. It will be seen from this section of the constitution, that this court has original jurisdiction in but few cases. Its principal business is to rejudge cases brought up from the circuit courts.

§9. An important object of a supreme court of the United States, is to secure a correct and uniform interpretation of the constitution and laws of the United States. State laws and decisions of state courts, are sometimes made which are supposed to be repugnant to the constitution and laws of the United States. What may be pronounced constitutional in one state, may be declared unconstitutional in another. Therefore it is provided that when an act or judgment in a case tried in the highest or last court in a state is deemed inconsistent with the constitution or laws of the United States, such case may be removed to the supreme court of the United States, whose decision governs the judgment of all inferior courts throughout the union.