CHAPTER VII The Judicial Department 131. INTRODUCTION This is the third and last department of government. The Judicial system of the country cannot be classed as in any sense inferior in importance to the others. Each is absolutely necessary. They are equal and co-ordinate. The judicial department is organized to give proper interpretation to the constitution, and by so doing to establish principles and precedents of righteousness and justice as between the nation and the individual, between states, between citizens of different states and between any state and individuals of another state. The Constitution provides for "one Supreme Court" and such "inferior courts as Congress may from time to time establish." 132. SUPREME ciate Justices. The Supreme Court consists of COURT a Chief Justice and eight AssoIt is required to hold annual sessions in the city of Washington-sessions which begin on the second Monday of each October. Any six of the Justices constitute a quorum and at least five must concur in every decision. This is the only court established by the Constitution but it does not state the number of judges which shall compose the court, leaving to Congress the determination of that matter. Congress has estab lished all other United States courts, which are discussed below. The Supreme Court has original jurisdiction in all cases affecting ambassadors, other public ministers and consuls, and in all cases in which a state is a party. Under the provisions of the eleventh amendment to the Constitution no individual can sue a state but a state may sue an individual. This court has appellate jurisdiction in all other cases arising under the construction and application of the Constitution of the United States, under the validity or construction of treaties made by the United States, under the constitutionality of laws passed by Congress, under which the Constitution or laws of a state are claimed to be in conIflict with the United States Constitution and under several other minor matters. Our Supreme Court has a power different from the courts of other nations. It may declare a law of Congress, or of any state, or the constitution of any state, in conflict with the principles of the Constitution of the United States and may therefore hold such law or such part of a state constitution unconstitutional and invalid. In other words, our Supreme Court is the interpreter of what is permitted by our fundamental law, the Constitution, and no department of government can overstep the limits laid down therein. No English court, for example, has such a power. If the English parliament should pass a law, the principles of which had hitherto been considered contrary to the powers permitted by the English constitution, it would nevertheless be law and would be enforced as such. Its passage would be equivalent to an amendment of the English constitution. Our state Supreme Courts follow the example of our national Supreme Court. and declare state statutes contrary to the provisions of the state or national constitutions and therefore of no effect.. The salary of the Chief Justice is fifteen thousand dollars and that of the Associate Justices is fourteen thousand five hundred per year. All federal judges are appointed by the President by and with the consent of the Senate, and for life or during good behavior. A federal judge, therefore, can be removed only upon conviction by the Senate after having been impeached by the House. There is a provision of law by which a federal judge, after having served ten years and having reached the age of seventy, may retire and receive for the balance of his life the same compensation he has been receiving. 133. THE COURT CIRCUITS The area of the United States has been divided into nine parts called circuits, no state being divided so as to be in two circuits. The eighth circuit is composed of South Dakota, North Dakota, Nebraska, Minnesota, Iowa, Missouri, Kansas, Arkansas, Colorado, Wyoming, Utah, Oklahoma and New Mexico. To each of these nine circuits the Chief Justice or one of the eight justices of the Supreme Court is assigned by the Supreme Court as a judge of the Circuit. The work of the Supreme Court is so great that the Justices are employed all the time in Washington and find no time to assist as judges in the circuits. Congress, therefore, early provided for the appointment of a Circuit Judge in each of these nine circuits. As the business increased additional Circuit Judges were appointed, until at present there are four judges in the eighth circuit and no circuit has less than two. As will appear later there are more Circuit Judges than are required to fill out the complement of the nine circuits, certain judges being assigned to other work for definite periods. 134. CIRCUIT COURTS Until January 1, 1912, there were nine Circuit Courts in the country. At that time the Circuit Courts were abolished and the work which they did is now done by the United States District Courts and by the Circuit Court of Appeals. The Circuit Courts were established soon after the adoption of the constitution, one in each circuit, and the courts were first presided over by the Chief Justice or one of the Associate Justices of the Supreme Court. When the work of the Sureme Court increased so as to require all the time of the Justices, Congress provided for judges who were known as Circuit Judges, and now that the Circuit Court has been abolished and the work taken over by the District Courts and Circuit Court of Appeals, the judges of the latter court still retain the names of Circuit Judges. This is easy to understand, in as much as no new class of judges was provided for when the Circuit Court of Appeals was established, but that new court was presided over by the Circuit Judges. 135. CIRCUIT COURT OF APPEALS In 1891, Congress, in order to relieve the Supreme Court of the enormous amount of business which had accumulated and of a large amount constantly coming in which was far in excess of the Supreme Court's ability to promptly dispose of, established a Circuit Court of Appeals. Certain classes of cases which had been appealed to the Supreme Court, were from that time appealed to this court, and, in many cases, the decisions are final, that is, can not be appealed from this court to the Supreme Court unless the cases involve questions over which the Supreme Court still holds appellate jurisdiction which cases are re-. cited under the Supreme Court. This court is inferior only to the Supreme Court. It is presided over by three judges, but two are sufficient for a quorum, and two judges must concur in every decision. The Chief Justice or the Associate Justice who is assigned to a certain circuit, is eligible to sit as a member of this court within his circuit but he is usually too busy in Washington to spare the time to attend. Any of the Circuit Judges of a circuit may sit as judges in this Circuit Court of Appeals and if for any reason, such as sickness, non-attendance, or other cause, there is lack of a quorum any District Judge within the circuit may, by appointment of the Circuit Judge sit as judge of the Circuit Court of Appeals. The Court therefore, may consist of a combination of Circuit and District Judges. Final |