Government in the United States, National, State and LocalGarner, James Wilford
History
Government in the United States, National, State and Local
Garner, James Wilford
United States -- Politics and government
CHAPTER XVIII
THE FEDERAL JUDICIARY
=Establishment of the federal Judiciary.=--The Articles of
Confederation, as we have seen, made no provision for a national
judiciary. Hamilton declared this to be the crowning defect of the old
government, for laws, he very properly added, are a dead letter without
courts to expound their true meaning and define their operations. During
the period of the Confederation, the national government was dependent
for the most part, as has been said, on the states for the enforcement
of its will. Thus if some one counterfeited the national currency,
robbed the mails, or assaulted a foreign ambassador, there was no
national court to take jurisdiction of the case and punish the offender.
The only way by which he could be brought to justice and the authority
of the national government upheld was through the kindly assistance of
some state court, and this assistance was not always cheerfully lent nor
was it always effective when tendered. Congress to be sure acted as a
court for the settlement of disputes between the states themselves, but
a legislative assembly is never well fitted for exercising judicial
functions. In the absence of a national judiciary it proved impossible
to enforce solemn treaty stipulations to which the United States was a
party, a fact which led Great Britain to refuse to carry out certain of
her treaty engagements with the United States.
=The Judicial Power of the United States.=--The framers of the
Constitution decided that the jurisdiction of the national courts should
be restricted to questions of national interest and to those involving
the peace and tranquillity of the Union, such as disputes between the
states themselves and between citizens of different states, and that the
jurisdiction of all other controversies should be left to the
determination of the courts of the several states. The jurisdiction of
the federal courts, therefore, was made to include all cases whether of
law or equity arising under the national Constitution, the laws of the
United States, and all treaties made under their authority; all cases
affecting ambassadors, other public ministers, and consuls; all cases of
admiralty and maritime jurisdiction; all controversies to which the
United States is a party; all controversies between two or more states;
and between a state, or the citizens thereof, and foreign states or
citizens or subjects thereof.[96]
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