Your vote and how to use it

by Gertrude Foster Brown

The United States District Courts hear, in the first instance, all classes of cases over which the United States courts have jurisdiction, except the cases mentioned below. The entire country is divided into ninety judicial districts, and each State has at least one district.

The United States Court of Claims, which is located in Washington, has jurisdiction over claims against the United States government.

The Circuit Court of Appeals is an appellate court by which decisions of the United States district courts may be reviewed.

The United States Supreme Court is the highest tribunal in the land. In cases affecting ambassadors and consuls, and those to which the State is a party, the Supreme Court has original jurisdiction. Other cases can come before it only upon an appeal, or writ of error, to review a decision of a lower United States court or a decision of the highest State court involving a question of Federal law. There is a chief justice and eight associate justices of the Supreme Court, who are appointed for life. To be a justice of the Supreme Court of the United States is considered one of the highest honors in the land.

The judges of all the Federal courts are appointed by the President with the consent of the Senate.

Constitutionality of the Law: One important power which the courts have is to interpret the meaning of the Constitution and laws, but they have no power to do so except so far as necessary to the disposal of cases before them.

The constitution of the State is its fundamental law, as that of the United States (together with the laws made by Congress under it and treaties made by the United States) is the supreme law of the entire United States. A question may arise as to the precise meaning and scope of a constitutional provision. In this case the court may interpret its meaning, and may declare void a law because in violation of the constitution.

An Injunction is an order or decree issued by a court, restraining some person or persons or corporation from performing certain acts, on the ground that such acts would cause an injury or loss, for which a suit to recover money damages would not furnish adequate redress. A temporary injunction, or restraining order, may be issued upon affidavits, in advance of the final trial of a case, when it may either be dissolved or be made permanent. An injunction may also command the performance of some act. In such cases it is called a mandatory injunction. If an injunction is violated, the person disobeying can be arrested and sent to jail or fined “for contempt of court” without trial by jury. Many efforts have been made to limit this power of the courts. In Oklahoma, the law provides for jury trial in case of contempt of court for violation of an injunction.

Judges are elected for a longer term of years than are other public officials. County judges have a six-year term. Supreme Court justices and judges of the Court of Appeals are elected for a term of fourteen years. The reason for the longer term of service is that the increased experience is supposed to make a judge more valuable to the State; also, on account of the long term, he is supposed to be less affected by political considerations.

Whether judges should be appointed or elected has been a matter of considerable controversy. It is argued that if they are appointed, the appointment may be a reward for political service instead of because of fitness for the position. On the other hand, if judges are elected, it is objected that they must take part in political contests, and are apt to give decisions more with regard to popular favor than to actual justice. Many persons think that in practice better judges are obtained by appointment than by popular election. State judges are usually elected, but the Federal judges are appointed.