Our Government: Local, State, and National: Idaho Edition

by James Alton James; Albert Hart Sanford

CHAPTER XVI.

THE NATIONAL JUDICIARY.

ARTICLE III.

Establishment of an Independent Tribunal.—Alexander Hamilton characterized the lack of a judiciary as the crowning defect of government under the Confederation. If we consider the nature of our present government, it is easily seen that some form of independent tribunal is necessary. We have a central government exercising complete control over National affairs and foreign relations and, at the same time, the State governments with equally complete control over questions arising within their limits. If differences arise, then, as to the authority of National or State government over a given question, how are these disputes to be settled peaceably? After a brief discussion, the problem was answered in the Constitutional Convention by the formation of a Federal judiciary.

Organization of the Judiciary.—The organization of the judiciary is provided for as follows: Section 1. The judicial power of the United States shall be vested in one Supreme Court, and in such inferior courts as the Congress may from time to time ordain and establish. The judges, both of the Supreme and inferior courts, shall hold their offices during good behavior, and shall, at stated times, receive for their services a compensation which shall not be diminished during their continuance in office.

In 1789 Congress provided that the Supreme Court should consist of a chief justice and five associates. Circuit and district courts were also established. The Supreme Court at present consists of the chief justice and eight associate justices. It holds one session annually, at Washington, beginning on the second Monday in October and continuing until about May 1.

District Courts.—The territory of the United States has been divided into judicial districts, none of them crossing State lines and each having a district court. New York and Texas have each four districts; Alabama, Pennsylvania, and Tennessee three each; Arkansas, California, Florida, Georgia, Illinois, Iowa, Kentucky, Louisiana, Mississippi, Michigan, Missouri, North Carolina, Ohio, Oklahoma, Virginia, Washington, Wisconsin, and West Virginia two each; and the remaining States have each a single district. Alaska and Hawaii constitute a district. Generally there is a judge for each district, but a single judge is at times assigned to two districts.

United States District Attorneys and Marshals.—A district attorney and marshal are appointed by the President for each district court. The United States district attorney is required to prosecute all persons accused of the violation of Federal law and to appear as defendant in cases brought against the government of the United States in his district. The United States marshal executes the warrants or other orders of the United States district court, and, in general, performs duties connected with the enforcement of the Federal laws which resemble the duties of sheriffs under State laws.

Circuit Courts and Courts of Appeals.—Established by the act of 1789, each circuit court was at first presided over by a justice of the Supreme Court and a district judge. The policy was to have as many circuit courts as there were justices of the Supreme Court. It was not until 1869 that a circuit judge was provided for each of the nine circuits. By an Act of Congress during the year 1911, in response to the agitation for a simplified Federal judicial system and greater expedition in the hearing of cases, the circuit courts were abandoned. Judges of these courts were transferred to the circuit courts of appeals. The circuit courts of appeals consist of three judges each, any two constituting a quorum. Supreme Court judges and district judges may sit in these courts. The Court of Claims was established in 1855 and consists of a chief justice and four associates. It holds an annual session in Washington.

Terms and Salaries of the Judges.—That the judiciary should be independent of parties and of other influences cannot be questioned. Hence the wisdom of the provision that United States judges shall hold their offices during good behavior and shall receive a compensation for their services which shall not be diminished during their continuance in office. Judges of the United States courts are appointed by the President with the consent of the Senate.