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
_How Cases "Arise."_--A case "arises" under the Constitution, laws, or
treaties whenever a suit is filed involving a right or privilege
thereunder. Until a case "arises," that is, until it comes before the
courts in due form, they will take no notice of it. When President
Washington in 1793 sought the opinion of the Supreme Court on certain
points involving our obligations to France under the treaty of alliance
of 1778 it declined to answer his question, holding that it could give
opinions only in cases properly brought before it.
=The Regular Federal Courts.=--The Constitution declares that the
judicial power of the United States shall be vested in one Supreme Court
and in such inferior courts as Congress may from time to time ordain and
establish. The Supreme Court, therefore, is the only federal tribunal
which owes its existence to the Constitution, the others being created
by statute. Even as to the Supreme Court Congress has considerable power
of control, since it determines the number of judges of which it shall
be composed, and the amount of their compensation. But it cannot remove
any judge except upon impeachment, or reduce his compensation after he
has once been appointed.
_The Supreme Court_ is at present composed of one Chief Justice and
eight associate justices. It holds its sessions in the city of
Washington from October to May of each year. Practically all the cases
which it hears are those appealed from the lower courts. When a case has
been argued, the court holds a consultation at which the points involved
are considered and a decision is reached. The Chief Justice then
requests one of his associates to prepare the opinion of the court, or
he may prepare it himself, after which it is scrutinized by the court at
a second conference and approved. Any member of the court who disagrees
with the majority may file a dissenting opinion, a right frequently
taken advantage of. The concurrence of at least five of the nine judges
is necessary to the validity of a decision, and as a matter of fact,
many important decisions have been rendered in recent years by a bare
majority of the court. The opinions rendered are published as the
_United States Reports_, of which there are now more than 200 volumes.
They constitute the great authoritative source of the constitutional law
of the United States, are studied by lawyers and judges, and are relied
upon by the courts as precedents for the decisions of future cases
involving similar points of law.[97] There is a reporter who arranges and
publishes the opinions, a clerk who keeps the records, and a marshal who
attends the court, preserves decorum, and enforces its orders.
[97] The justices of the Supreme Court wear black silk gowns when
holding court. The Chief Justice sits in the middle of a row of chairs,
his associates being arranged on his right and left in the order of
seniority of service.
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