CHAPTER XVI
THE COURTS, THE LAW, AND JUDICIAL PROCEDURE.
_The purpose of this chapter is to show how the courts are organized
and what systems of law they administer._
THE COURTS
[Sidenote: The supreme justices.]
=The Highest Court in the Land.=—Visitors to the Capitol at Washington
on any week day from October to June are usually interested to see a
group of nine distinguished-looking men, robed in silk gowns, passing at
noon through the long corridor into a room where a clerk begins to call
out, “Oyez! Oyez!”[137] This is the Supreme Court of the United States,
the highest court in the land and the most powerful tribunal in the
world. It consists of a chief justice and eight associate justices, all
of them appointed for life by the President with the consent of the
Senate. They cannot be removed from office except by impeachment. The
court holds its sessions in the chamber which was used by the Senate in
the days when that body was small. The justices sit in a row, the chief
justice in the center, with four associates on each side of him. There
is no jury, and for the most part the court simply hears the arguments
of attorneys on points of law in cases which have been appealed. The
sessions begin at twelve o’clock, and continue, with a brief
interruption for luncheon, until late in the afternoon. Every Saturday
morning the court meets behind closed doors to agree upon its decisions
and on Mondays the decisions are publicly announced. These nine justices
are the supreme guardians of the constitution, entrusted with the duty
of seeing that its provisions are duly respected by all officials of
government from the President and Congress down to the humblest
officeholder. Their mandate is binding upon everyone within the
jurisdiction of the United States.[138]
[Sidenote: The power to declare laws unconstitutional.]
=The Supreme Court’s Power.=—Congress, as has been pointed out, is the
lawmaking branch of the federal government. With the approval of the
President its power to enact laws, within the limits prescribed by the
constitution, is complete and final. The state legislatures are the
lawmaking organs of state government and with the approval of the
governors the authority of the state legislatures to make laws within
limits prescribed by the national and state constitutions is also
complete and final. Yet the Supreme Court, by a majority vote of its
nine justices, may nullify laws passed by either Congress or the state
legislatures. It has done so on many occasions. Why have we given to
this small group of men, appointed for life, the power to set aside the
action of the people’s representatives?
[Sidenote: Reason for this authority.]
Public-domain text, read in full here on John Shaqi.
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