The Authority of the Federal Courts

Article III of the Constitution gives to the Federal courts jurisdiction in a case because of its subject matter. Upon this basis, the jurisdiction of the courts may include cases which concern the interpretation of the Constitution, of treaties between the United States and foreign countries, of laws which relate to shipping on the high seas, and of all other Federal laws. All cases involving a violation of Federal criminal laws are heard in a Federal court. They include cases relating to internal security, immigration, and customs matters. In addition, the Federal courts have authority to handle cases involving laws relating to interstate

commerce.

Federal courts also are given jurisdiction in a case because it involves certain parties. A case involving the United States as a party must be heard in a Federal court. Also heard in a Federal court may be a case involving two or more states, or two citizens of different states. Suits between a foreign government or one of its citizens and one of our states may be heard in a Federal court.

The Supreme Court

The Chief Justice and the eight Associate Justices of the Supreme Court sit as a group. When the court hears a case, it is decided by a majority vote of the justices.

The Supreme Court is primarily an appellate court; that is, a court which hears appeals from decisions made in cases which began in a lower court. The Constitution, however, provides that in all cases affecting foreign diplomatic officials, such as ambassadors and other public ministers and consuls, the Supreme Court shall have original jurisdiction. This means that such cases can be heard only in the Supreme Court. Because the authority in these cases comes from the Constitution, Congress cannot take it away from the court.

The Supreme Court has the power to declare that a law passed by Congress and approved by the President is unconstitutional. It also has the authority to decide whether a state constitution or a state law agrees or disagrees with the Federal Constitution. The decision of this, the highest Federal court, is final. With a final decision there can be no further appeals.

The Supreme Court has developed a tradition

of self-restraint, and is generally very careful in declaring state or Federal actions unconstitutional. It does not consider all new laws, but only those which may be involved in a case which is brought before the court for decision.

Checking the Power of the

Supreme Court

The Constitution grants Congress and the President some control over the Supreme Court.

The President appoints all Federal judges, with the consent of the Senate. He also has the power to grant pardons and reprieves to persons who have been convicted of crimes in Federal courts.

The Congress determines the number of justices of the Supreme Court, and it fixes their pay. The Senate has authority to approve or disapprove appointments of men selected by the President to be justices of the court. Except as otherwise provided in the Constitution, the Congress as a whole has the authority to decide what cases will begin in the Supreme Court, rather than in a lower Federal court, and what cases started in the lower Federal courts may be appealed to the Supreme Court. However, the court is allowed to decide which of the appealed cases it will consider.

Other Federal Courts

Not long after the inauguration of George Washington as our first President, Congress used the authority given to it in the Constitution and passed the Judiciary Act of September 24, 1789. This act established a system of lower Federal courts, which consisted of 13 district courts and three circuit courts. As the country grew and the need for more courts arose, additional courts were created by Congress. Today each state has at least one district court, and the larger states have two or more such courts.

The United States courts of appeals were established in 1891 to relieve the Supreme Court of many of the cases which were being appealed to it from the district courts. At the present time, the country is divided into 11 judicial circuits, each having a circuit court of appeals. Each court of appeals has from three to nine judges. One justice of the Supreme Court is also assigned as a circuit justice for each circuit.

The lowest Federal courts are the United States district courts. They have original jurisdiction

in all cases that may be heard by the Federal courts, except those which come within the original jurisdiction of the Supreme Court, or the jurisdiction of special courts. District court cases are usually heard by a single judge and sometimes. with a jury. Usually an appeal from the decision of a district court may be taken to a United States court of appeals for the judicial circuit within which the district court is located. In some cases, a further appeal may be taken to the Supreme Court.

Congress also recognized the need for special courts. It set up the United States Court of Claims in 1855, a kind of court called the Board of United States General Appraisers in 1890, and the United States Court of Customs and Patent Appeals in 1909. In 1926 the name of the Board of United States General Appraisers was changed to the United States Customs Court. The United States Court of Military Appeals was established in 1950.

During the early days of our country, a person who had a reasonable money claim against the government of the United States had to ask Congress to pay the claim. The United States Court of Claims was established to relieve Congress of the burden of deciding whether such a claim should be paid. This court consists of a Chief Judge and four Associate Judges who meet in Washington. The awards of this court cannot be paid until Congress appropriates the money to pay them.

be reviewed by this court. Appeals from these decisions are heard by the United States Court of Customs and Patent Appeals, as are appeals from decisions relating to patent matters. An inventor, for example, who has been denied a patent by the Patent Office may bring his appeal in this court.

Members of the armed forces who are accused of misconduct may be tried by court-martial (a military court). Decisions in the more serious cases can be appealed to the United States Court of Military Appeals.

Final appeal of decisions in cases arising in the special courts may be taken to the Supreme Court, except decisions of the Court of Military Appeals. Decisions of this court are final.

The Federal Courts and the People

The chief purpose of the Federal courts, and all courts, is to help the people settle their disputes and differences fairly and peaceably. The courts provide justice for all. The people may not always like the laws, but it is their duty to obey them as they are explained by the courts. When the people do not like the laws, they can elect representatives who will change them. Any change in a law must be made in the manner provided for by our plan of government.

It is the duty of the courts to make sure that all laws agree with the Constitution of the United States.

The judicial branch is the balance wheel in our system of government. It helps to maintain the correct constitutional relationships between the executive and legislative branches of the Federal government, and also between the nation and the states.

Column A

1. Article III of the Constitution describes the 2. Violations of Federal law

3. Federal courts have jurisdiction over cases

4. Claims against the government of the United States

5. The Supreme Court can declare

6. A person found wrong in a civil case

Column B

a. relating to shipping on the high seas.

b. that a law passed by Congress is unconstitutional.

c. were originally handled by Congress.

d. are handled by the Federal courts.

e. is never sent to prison.

f. Federal courts and their authority.

You will recall that 13 colonies had governments based upon colonial charters, rather than constitutions. By 1775, however, these established governments were gradually falling apart because of the troubles with Great Britain. The Second Continental Congress then urged each colony to adopt such form of government as would guarantee the highest degree of happiness and safety for its people. In January of 1776 New Hampshire became the first of the 13 colonies to form an independent government under a constitution. Thereafter, South Carolina took similar action, as did most of the other colonies or states. The colonial charters of Connecticut and Rhode Island served as their constitutions for a number of years after they became states. Massachusetts approved a state constitution in 1780 which, although somewhat revised, continues to be the basis for that state's government.

While there were differences in each of the new state constitutions, certain things were similar. Each one recognized that the government could exercise only those powers granted to it by the people, and that the people had rights which the government must respect. The constitutions also divided the government into three branches-the executive, the legislative, and the judicial-with each branch having some controls over the others. It can be seen, therefore, that people in the United States actually live under Federal and state governments which are very similar in form.

The United States Constitution gives to the states those powers which are not granted to the Federal government and, at the same time, not denied to the states by the Constitution. Throughout our history this division of power has caused conflicts between Federal and state governments over the authority of each. For example, Congress passed the Tariff Act of 1828 which placed high taxes on imported goods. This pleased the northern states because it protected the sale of their manufactured products. The southern states, how

ever, disliked the tax because it affected the exchange of their cotton, tobacco, and other products for goods manufactured in foreign countries. This tax brought about one of the first conflicts involving the authority of the Federal and state governments.

The southern states argued that the Federal government had been created by the states and, therefore, each state had the right to determine whether a law passed by the Congress was authorized by the Constitution. They further claimed that, if a particular state decided the Constitution did not give Congress the power to pass a certain law, the state did not have to obey it. This idea became the basis for what is known as the doctrine of "states' rights."

A famous debate on states' rights took place in the Senate in 1830. Senator Robert Hayne of South Carolina argued that his state had the right to decide that the Constitution did not give Congress the authority to pass the Tariff Act. Speaking for the northern states, Daniel Webster, a Senator from Massachusetts, answered by saying that the Federal government was created by the people and not by the states, and that the United States would soon break apart if each state insisted on obeying only those laws which it chose to accept. He ended his speech by saying, "... Liberty and Union, now and forever, one and inseparable!"

Webster was defending Article VI of the Constitution which declares that the Constitution shall be the supreme law of the land and shall determine what powers are given to the Federal and the state governments. He stressed the fact that under the Constitution the powers to govern are shared by the national and state governments. He argued that when the Federal government acts in accordance with the powers granted to it by the Constitution no state can nullify that action.

In this chapter you will read about the organization of the state governments.

ORGANIZATION OF OUR STATE

GOVERNMENTS

The first 13 states had constitutions when the Constitution of the United States was written. The state constitutions gave to their people certain rights and a representative form of government which were very important to them.

Many people believed that the new Federal government might take away some of these rights or might change the form of the state governments. With this in mind, the writers of the Constitution made provision for the states to keep many of their rights, and further guaranteed to each state a republican, or representative, form of government. However, because the Federal Constitution also provides that it shall be the supreme law of the land, every state is bound by it and all state constitutions and laws must agree with it.

Content of State Constitutions

The constitution of each state provides the general plan for that state's government. It may also set forth the basis for other governments within the state, such as those of counties and towns. Other state constitutions may also establish governments for their larger cities.

A state constitution usually describes the purposes for which the state government is being created and lists the rights of the people living in that state. All of the constitutions declare that the final authority to govern belongs to the people of the state. They also tell how the government of the state and its communities shall be organized. Each state constitution generally lists the authority of each branch of the state government, establishes rules for the local governments, and provides a method for amending the constitution. It may also list different kinds of property that shall not be taxed by the state government.

Government Organizations Are Similar

The Federal and state, as well as the city, governments in the United States each have three branches of government. The following chart shows how the organization of government in the nation, the states, and the cities is similar.