The American JudiciaryBaldwin, Simeon E. (Simeon Eben)
History
The American Judiciary
Baldwin, Simeon E. (Simeon Eben)
Courts -- United States; Law -- United States -- History
A court of record has inherent power to preserve order in
proceedings before it[Footnote: See Chap. XX.] and, unless other
provision be made by law, to appoint a crier or other officer to
attend upon its sessions. By statute it is commonly made the
duty of the sheriff of the county to attend all courts of record,
either personally or by deputy. He also executes such processes
as under the practice of the court may be directed to him.
Witnesses and jurors are thus summoned by him to appear before
the court; arrests and attachments of property are made; and
executions are levied to enforce final judgments.
* * * * *
CHAPTER IX
THE ORGANIZATION OF THE COURTS OF THE UNITED STATES
The Constitution of the United States (Art. III) provides that
there must always be one Supreme Court of the United States. The
establishment of such inferior courts as may be deemed proper
from time to time is left to Congress.
The judicial power of the United States is limited to cases of
certain kinds or between certain kinds of parties. Either (1)
the subject-matter of the action must be of a kind that concerns
the whole nation, or (2) some party to it must be or claim under
a political sovereign, or (3) it must be between a citizen of a
State of the Union and one of another of the States or of a
foreign country.
In a few of the second class the Supreme Court is given original
jurisdiction: in all others of both classes it has appellate
jurisdiction, with such exceptions as Congress may think fit to
make, save only that no fact tried by a jury can be thus
re-examined, except so far as the rules of the common law would
have permitted. Its original jurisdiction is confined to cases
affecting ambassadors, ministers, and consuls and those to which
a State shall be a party. It is not necessarily exclusive as
respects any of them,[Footnote: Ames _v._ Kansas, 111
U. S. Reports, 449, 469.] and by the eleventh amendment to the
Constitution is so limited as not to include suits against a
State by citizens of any other State or foreign government. In
point of fact, few original suits have ever been brought before
the court, and almost all of these have been instituted by or
against States.
Public-domain text, read in full here on John Shaqi.
Reviews
Reviews
No reviews yet
Be the first to share your thoughts on this work.
Elsewhere in the archive
Join the Discussion
Join the discussion
Sign in to leave a comment or review.
Sign InorCreate an account