American Institutions and Their InfluenceTocqueville, Alexis de
History
American Institutions and Their Influence
Tocqueville, Alexis de
Democracy; United States -- Politics and government
The American legislators therefore agreed to create a federal judiciary
power to apply the laws of the Union, and to determine certain questions
affecting general interests, which were carefully determined beforehand.
The entire judicial power of the Union was centred in one tribunal,
which was denominated the supreme court of the United States. But, to
facilitate the expedition of business, inferior courts were appended to
it, which were empowered to decide causes of small importance without
appeal, and with appeal causes of more magnitude. The members of the
supreme court are named neither by the people nor the legislature, but
by the president of the United States, acting with the advice of the
senate. In order to render them independent of the other authorities,
their office was made inalienable; and it was determined that their
salary, when once fixed, should not be altered by the legislature.[144]
It was easy to proclaim the principle of a federal judiciary, but
difficulties multiplied when the extent of its jurisdiction was to be
determined.
* * * * *
MEANS OF DETERMINING THE JURISDICTION OF THE FEDERAL COURTS.
Difficulty of determining the Jurisdiction of separate courts of Justice
in Confederation.--The Courts of the Union obtained the Right of fixing
their own Jurisdiction.--In what Respect this Rule attacks the Portion
of Sovereignty reserved to the several States.--The Sovereignty of
these States restricted by the Laws, and the Interpretation of the
Laws.--Consequently, the Danger of the several States is more apparent
than real.
As the constitution of the United States recognized two distinct powers,
in presence of each other, represented in a judicial point of view by
two distinct classes of courts of justice, the utmost care which could
be taken in defining their separate jurisdictions would have been
insufficient to prevent frequent collisions between those tribunals.
The question then arose, to whom the right of deciding the competency of
each court was to be referred.
Public-domain text, read in full here on John Shaqi.
Reviews
Reviews
No reviews yet
Be the first to share your thoughts on this work.
Elsewhere in the archive
Join the Discussion
Join the discussion
Sign in to leave a comment or review.
Sign InorCreate an account