CHAPTER XXIV.

ARTICLE III.-THE JUDICIAL DEPARTMENT.

In the two articles so far considered, we have studied about the law-making and the law-enforcing departments of the governnent. We shall next examine the third great department, the one which interprets and applies

the laws.

SECTION I.-ORGANIZATION.

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."

'While the existence of the Supreme Court is thus provided for in the constitution, the number of judges to constitute it was wisely left with congress. Thus the organization may be changed as circumstances change. The Supreme Court at first consisted of six justices, as they are called; but owing to the growth of the country and the consequent increase of labor to be performed, the number of justices has been increased to nine, one chief justice and eight associate justices. The Supre ne Court is now far behind with its work, and one of the problems is, how to manage so that the court may be able to perform the duties imposed upon it.

Under this provision congress has established two grades of "inferior" United States courts, the Circuit Courts and the District Courts.

The United States is divided into nine judicial circuits. To each of these a justice of the Supreme Court is assigned. A Circuit Court consists of one justice of the Supreme Court, one circuit judge, and one district judge. Court may be held by any one, or two, of these, or by all of them.

The United States is further subdivided into about sixty judicial districts, the court in each consisting of one district judge. See page 308.

The U. S. District Court has jurisdiction over crimes committed on the high seas, and over admiralty cases in general; over crimes, not capital, committed within the district; over cases in bankruptcy; and over civil suits involving less than $500.

The U. S. Circuit Court has appellate jurisdiction over the District Court. Some cases can be appealed no farther. It has original jurisdiction in civil suits involving $500 or more, over equity cases, and over cases arising under patent and copyright laws.

This virtually means during life. The purpose of this provision is to raise the judges above temptation, to put them in a position where they may feel safe in doing their exact duty, unawed by any outside power. If they fail to deal justly, if with this opportunity they prove unjust, partial, or in any way unworthy, they may be impeached, and on conviction they may be removed. But so far, almost without exception, those who have been honored with a place on a United States court have proved worthy of their high calling.

"The purpose of this also is to remove temptation from the judges. The salary of the chief justice is $10,500 a year, and of each associate justice, $10,000 a year. This seems like a generous amount. But several times a place on the supreme bench has been declined,

on the plea that the appointee could not afford to serve for the salary attached.

For further information, see appendix.

"This is to prevent the other departments from occupying a threatening position toward the judiciary. But the salary may be increased. While this leaves an opportunity for temptation, it could not be well avoided. The salary may be reduced, to take effect with appointments made after the passage of the law.

SECTION II.-JURISDICTION OF THE COURTS.

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Clause 1.-Extent.

The judicial power shall extend to all cases,' in law and equity, arising under this constitution, the laws of the United States, and treaties made or which shall be made, under their authority;3 to all cases affecting ambassadors, other public ministers, and consuls; to all cases of admiralty jurisdiction; to controversies to which the United States shall be a party; to controversies between two or more States; between a state and citizens of another state; between citizens of different states; between citizens of the same state claiming lands under grants of different states, and between a state or the citizens thereof, and foreign states, citizens or subjects.

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10

11

'The courts decide what the law is, whether a specified law is constitutional or not, and what the meaning of constitutional provisions is, but only as these questions arise in cases brought before them for trial. They do not advise congress or the president as to the constitutionality or unconstitutionality of a law. They do not directly make law. But in determining the meaning of certain laws and of constitutional provisions they may determine what the law is, and thus they may be said to

make law indirectly. But sometimes a legal question or a question as to the meaning of a constitutional provision remains for a long time unanswered, because no case involving the question comes before the courts.

"The law aims to do justice on the basis of certain general principles. But sometimes to follow the law would work injustice. This is where the necessity for a court of equity comes in. The latter court seeks to do justice in the individual case, and takes cognizance of circumstances which would not be considered in a court of law. Thus, a certain contract may on the face of it be lawful, but it may so take advantage of the ignorance of one of the parties as to constitute a very hard bargain, and a court of equity might set it aside.

In some states there are separate courts of law and of equity. But the provision under discussion gives the United States courts jurisdiction in cases both of law and of equity. "There are no juries in equity cases, and no criminal trials. "*

"These pertain to the whole United States, so cases arising under them should be tried by a national, not by a state court.

"Because these are United States officers.

"That is, to cases arising on the high seas or on navigable waters. These, according also to I, 8-10, 11, are under the jurisdiction of the United States, and therefore this provision is simply a consequence of the one referred to.

"Because then the interests of the whole country are at stake, and it would not do to leave the matter to any

state.

'Because the United States was organized to "insure domestic tranquillity"

* Wright's Exposition of the United States Constitution.

"This provision has been modified by the eleventh amendment, which reads as follows: "The judicial power of the United States shall not be construed to extend to any suit in law or equity, commenced or prosecuted against one of the United States by citizens of another state, or by citizens or subjects of any foreign state." That is, if the state is the plaintiff, the suit may be tried by the United States Supreme Court (compare clause 2). But if the state is defendant, the

suit is tried in the courts of the state sued.

When a citizen is sued he must be sued in the courts of the United States or in the courts of his own state. It would be a source of irritation to compel a state to sue a citizen of another state in the courts of his own state, hence this provision that such suits shall be in the United States court.

'To remove any temptation to do injustice. But the suit is tried in accordance with the laws of the state of which the defendant is a citizen.

10 Because the states are involved in the suit, and it would be unfair to let either decide the controversy.

This provision is not of much importance now, because state boundaries are clearly defined. But when the constitution was framed, this kind of question meant a good deal. The charters given during colonial times were very loosely drawn, and claims of different colonies and proprietors overlapped each other. The question of ownership had not been settled at the time of the revolution. During the formative or confederation period, these disputes had been a source of much ill-feeling. It was thought best for obvious reasons to remove the question to United States courts.

"Because the general government, and not the individual states, takes care of our foreign relations.