The American JudiciaryBaldwin, Simeon E. (Simeon Eben)
History
The American Judiciary
Baldwin, Simeon E. (Simeon Eben)
Courts -- United States; Law -- United States -- History
In one point of considerable importance express constitutional
provisions generally narrow the jurisdiction of American, as
compared with English courts. Each house of the legislature is
made the final judge of the returns and qualifications of its
members. In England, election contests as to a seat in the House
of Commons has been made by Act of Parliament the subject of
judicial determination. This avoids partizan decisions and is so
far good. It diminishes, however, the independence of the
legislative house in which the seat is contested. This is
jealously guarded by our traditions as well as our Constitutions.
The practice of wearing hats during the sessions of the House of
Commons was an expression of the early feeling of the English
Commons on this subject. They would not uncover before speaker
or king. In some of the early American legislatures the same
thing was done. Hats were occasionally worn in the House of
Representatives at Washington as late as the second quarter of
the nineteenth century.[Footnote: Hunt, "Life of Edward
Livingston," 301. They were worn in the Continental Congress on
occasions of ceremony. McMaster, "History of the People of the
United States," I, 105.]
On the other hand, American courts interfere more readily than
the English to protect a citizen from arrest by legislative
authority. Each house of the British parliament has large
inherited powers over those who may treat it with contempt. Each
house of an American legislature has some powers of this
description, but they are far narrower ones.[Footnote: Kilbourn
_v._ Thompson, 103 U. S. Reports, 168.]
* * * * *
CHAPTER III
THE RELATIONS OF THE JUDICIARY TO THE POLITICAL
DEPARTMENTS OF GOVERNMENT
Courts of Claims are the only permanent special courts for the
disposition of causes arising from the acts of public
officials.[Footnote: One exists for the United States; and one
for New York.] The system of administrative law prevailing on
the Continent of Europe, by which all such matters are withheld
from the ordinary tribunals, is totally unknown here. If the
Secretary of War of the United States should do some act to a
private citizen, which may be justified by his official powers,
but otherwise would not be, he may be summoned to answer for it
before any civil court having jurisdiction of the parties. So
may even the President of the United States be sued after the
expiration of his term.
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