History of the Origin, Formation, and Adoption of the Constitution of the United States, Vol. 2: With Notices of Its Principle FramersCurtis, George Ticknor
History
History of the Origin, Formation, and Adoption of the Constitution of the United States, Vol. 2: With Notices of Its Principle Framers
Curtis, George Ticknor
Constitutional history -- United States
The committee not only declared that this department, like the
legislative and the executive, was to be "supreme," but they
proceeded to make it so. One of the first questions that arose
concerning the construction of the judiciary was, whether it should
consist solely of one central tribunal, to which appeals might be
carried from the State courts, or should also embrace inferior
tribunals to be established within the several States. The latter plan
was resisted as an innovation, which, it was said, the States would
not tolerate. But the necessity for an effective judiciary
establishment, commensurate with the legislative authority, was
generally admitted, and a large majority of the States were found to
be in favor of conferring on the national legislature power to
establish inferior tribunals;[38] while the provision for a supreme
central tribunal was to be made imperative by the Constitution.
The intention of the committee also to make the judicial coextensive
with the legislative authority, appears from the definition which they
gave to both. Upon the national legislature they proposed to confer,
in addition to the rights vested in Congress by the Confederation,
power to legislate in all cases to which the separate States were
incompetent, or in which the harmony of the United States might be
interrupted by the exercise of individual legislation; and the further
power to negative all laws passed by the several States contravening,
in the opinion of the national legislature, the Articles of Union, or
any treaties subsisting under the authority of the Union. The
jurisdiction of the national judiciary it was declared should extend
to all cases which respect the collection of the national revenue, and
to impeachments of national officers; and then the comprehensive
addition was made of "questions which involve the national peace and
harmony." This latter provision placed the general objects, which it
was declared ought to be embraced by the legislative power, within the
cognizance of the judiciary. Those objects were not yet described in
detail, the purpose being merely to settle and declare the principles
on which the powers of both departments ought to be founded.
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