Democracy in America — Volume 1Tocqueville, Alexis de
History
Democracy in America — Volume 1
Tocqueville, Alexis de
Democracy -- United States; United States -- Politics and government; United States -- Social conditions
But the number, still more than the mere character, of the tribunals of
the States rendered them unfit for the service of the nation. When the
Federal Constitution was formed there were already thirteen courts of
justice in the United States which decided causes without appeal. That
number is now increased to twenty-four. To suppose that a State can
subsist when its fundamental laws may be subjected to four-and-twenty
different interpretations at the same time is to advance a proposition
alike contrary to reason and to experience.
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. *d It was easy to proclaim the principle of a Federal
judiciary, but difficulties multiplied when the extent of its
jurisdiction was to be determined.
d
[ The Union was divided into districts, in each of which a resident
Federal judge was appointed, and the court in which he presided was
termed a “District Court.” Each of the judges of the Supreme Court
annually visits a certain portion of the Republic, in order to try the
most important causes upon the spot; the court presided over by this
magistrate is styled a “Circuit Court.” Lastly, all the most serious
cases of litigation are brought before the Supreme Court, which holds a
solemn session once a year, at which all the judges of the Circuit
Courts must attend. The jury was introduced into the Federal Courts in
the same manner, and in the same cases, as into the courts of the
States.
It will be observed that no analogy exists between the Supreme Court of
the United States and the French Cour de Cassation, since the latter
only hears appeals on questions of law. The Supreme Court decides upon
the evidence of the fact as well as upon the law of the case, whereas
the Cour de Cassation does not pronounce a decision of its own, but
refers the cause to the arbitration of another tribunal. See the law of
September 24, 1789, “Laws of the United States,” by Story, vol. i. p.
53.]
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