Life of James Buchanan, Fifteenth President of the United States. v. 1 (of 2)Curtis, George Ticknor
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Life of James Buchanan, Fifteenth President of the United States. v. 1 (of 2)
Curtis, George Ticknor
Buchanan, James, 1791-1868
The Constitution having conferred upon Congress the power of legislation
over certain objects, and upon the President and Senate the power of
making treaties with foreign nations, the next question which naturally
presented itself to those who framed it was, in what manner it would be
most proper that the Constitution itself, and the laws and treaties made
under its authority, should be carried into execution. They have decided
this question in the following strong and comprehensive language: “The
judicial power shall extend to all cases, in law and equity, arising
under this Constitution, the laws of the United States, and treaties
made, or which shall be made, under their authority.” [Art. 3, Sec. 2.]
This provision is the only one which could have been made in consistency
with the character of the Government established by the Constitution. It
would have been a strange anomaly had that instrument established a
judiciary whose powers did not embrace all the laws and all the treaties
made under its authority. The symmetry of the system would thus have
been destroyed; and, in many cases, Congress would have had to depend
exclusively for the execution of their own laws upon the judiciary of
the States. This principle would have been at war with the spirit which
pervades the whole Constitution. It was clearly the intention of its
framers to create a Government which should have the power of construing
and executing its own laws, without any obstruction from State
authority. Accordingly, we find that the judicial power of the United
States extends, in express terms, “to all cases,” in law and in equity,
arising under the Constitution, the laws, and the treaties of the United
States. This general language comprehends precisely what it ought to
comprehend.
If the judicial powers of the United States does thus extend to “all
cases” arising under the Constitution, the laws, and treaties of the
Union, how could this power be brought into action over such cases
without a law of Congress investing the Supreme Court with the original
and appellate jurisdiction embraced by the Constitution?
It was the imperious duty of Congress to make such a law, and it is
equally its duty to continue it; indeed, without it, the judicial power
of the United States is limited and restricted to such cases only as
arise in the Federal courts, and is never brought to bear upon numerous
cases, evidently within its range.
When Congress, in the year 1789, legislated upon this subject, they knew
that the State courts would often be called upon, in the trial of
causes, to give a construction to the Constitution, the treaties, and
laws of the United States. What, then, was to be done? If the decisions
of the State courts should be final, the Constitution and laws of the
Union might be construed to mean one thing in one State, and another
thing in another State.
Public-domain text, read in full here on John Shaqi.
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