The American JudiciaryBaldwin, Simeon E. (Simeon Eben)
History
The American Judiciary
Baldwin, Simeon E. (Simeon Eben)
Courts -- United States; Law -- United States -- History
Appointments to appellate courts are generally provided for by a
scheme calculated to prevent any sudden and general changes of
membership. Not more than one or two receive an appointment in
any one year, so that the terms of not more than one or two can
expire at the same time. Where judges hold for life or--as is
frequently the case--if there is a constitutional provision that
no judge shall hold office after reaching the age of seventy, the
vacancies will, of course, occur and be filled at irregular
intervals. All this, in connection with the natural tendency to
reappoint judges who have earned the public confidence, secures
to the court a certain continuity of existence and consistency of
view. In every court of last resort in the older States there
will be apt to be found some who have served ten or twenty years
and were at first associated with those who had themselves then
served as long. It is not easy to "pack" a court thus
constituted. If, however, some question of supreme political
importance is looming up, likely soon to become the subject of
litigation, the nominating or appointing power is not likely to
be insensible of the party advantages that may result from its
decision in a particular way by the highest judicial authority,
nor of the importance of the vote to be cast by each who may
share in its administration.
During the Civil War Congress passed a conscription law. The
Supreme Court of Pennsylvania pronounced it unconstitutional, and
advised the issue of a temporary injunction to prevent its
enforcement by the officials charged with that function. The
term of the Chief Justice was about to expire. The decision had
been made by three judges, of whom he was one, against two who
dissented. The political party to which he belonged renominated
him, but he was defeated at the polls. A motion was soon
afterwards made to dissolve the injunction. His successor joined
with the former minority in advising that the motion be granted,
and on the ground that the Act of Congress was not
unconstitutional. The two remaining members of the court adhered
to their former opinion.[Footnote: Kneedler _v._ Lane, 45
Penn. State Reports, 238. See this case reviewed in Pomeroy,
"Introduction to the Constitutional Law of the United States,"
Sec. 479.]
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