It is quite true that decisions of the Supreme Court are sometimes
unpopular. People who are eager for humanitarian reforms, when they see
the Supreme Court annulling measures which Congress has passed to
protect women or children, or the weak or the poor, are in the habit of
crying out that the court is an obstacle to progress and that its power
to declare laws unconstitutional should be taken away. They overlook the
fact that if there were no supreme tribunal to keep Congress within its
constitutional limits, it would be easy for Congress, step by step, to
take away all the powers now possessed by the states and to centralize
at Washington the entire government of the country. Under a federal
system of government, with powers divided between the nation and the
states as they are in this country, disputes as to where a particular
power belongs are sure to arise. How could we devise a more satisfactory
plan of deciding these disputes than by referring them to an impartial
body of nine men chosen for life from among the ablest jurists of the
land? Do we propose to abolish the powers of juries because they
sometimes render unpopular verdicts? People sometimes question the
wisdom of the Supreme Court, but no one has ever doubted its
integrity.[139]
[Sidenote: Scope of the federal courts’ jurisdiction.]
=How Cases Come Before the Federal Courts.=—The authority to try cases
is divided by the national constitution into two parts, and each part is
assigned to two separate systems of courts. Certain classes of cases are
named in the national constitution as falling within “the judicial power
of the United States” and these cases are tried in the federal courts.
All other classes of cases (and this includes the great majority of
legal disputes) are left to the state courts. The controversies named in
the national constitution as matters for trial in the federal courts are
those which it did not seem wise to let the various state courts decide,
for example, cases arising out of treaties made by the United States, or
controversies between two states, or between citizens of different
states. This is a wise arrangement, for if the state courts could say
the last word on the interpretation of treaties, the nation might easily
find itself forced into trouble with foreign countries. If cases between
citizens of different states were tried in the courts of either state,
there would be a temptation for these courts to favor their own
citizens. Even the rule which requires that cases affecting ambassadors
shall be heard in the federal courts has a good reason, for the United
States guarantees to all foreign ambassadors the privileges of
international law and must be in a position to see that these guarantees
are respected. The entire list of cases over which federal courts have
jurisdiction is so clearly set forth in the constitution that there is
no need for repeating it here.[140]
[Sidenote: How jurisdiction is determined.]
Public-domain text, read in full here on John Shaqi.
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