The American JudiciaryBaldwin, Simeon E. (Simeon Eben)
History
The American Judiciary
Baldwin, Simeon E. (Simeon Eben)
Courts -- United States; Law -- United States -- History
Each District Court appoints a convenient number of District
Court Commissioners, who issue warrants of arrest on criminal
proceedings, take bail, inquire whether there is probable cause
to hold the accused to answer to the charge in court, and
discharge in such respects substantially the functions generally
belonging to justices of the peace in the States.
* * * * *
CHAPTER X
RELATIONS OF THE STATE JUDICIARY TO THE UNITED
STATES AND OF THE UNITED STATES JUDICIARY
TO THE STATES
Every judicial officer of a State is required by the Constitution
of the United States to bind himself by oath or affirmation to
support it, and this obligation compels him to respect every Act
of Congress made in pursuance of the Constitution, and every
treaty made under the authority of the United States, as, in case
of conflict, superior to anything in his State Constitution or
laws.
The courts of the national government are complementary to those
of the States. Both belong to one judicial system. Rights
arising under the laws of the United States may be enforced by a
State court as well as by a federal court, and rights arising
under a State law by a federal as well as by the State court,
unless in cases where there is some special restriction upon its
jurisdiction. Such a restriction may be imposed by either
government, as respects any right which it creates.
The judicial power of the United States extends only to certain
classes of cases. As to some of these it is necessarily
exclusive: as to any of the rest Congress can make it
such.[Footnote: The Moses Taylor, 4 Wallace's Reports, 411,
429.] On the other hand Congress may assume to invest a State
court with power to dispose of a certain matter of federal right,
and the State may decline to permit the exercise of such a power.
The United States cannot in that manner compel the courts of
another government to do their bidding. It would tend to throw
on the States a greater burden than they might deem necessary or
proper. They provide courts to meet the wants of those looking
to their own sovereignties for justice. Thus, although nothing
could seem more anomalous than for one sovereignty to confer
citizenship in another, the laws of the United States allow
naturalization to be obtained by proceedings in State courts.
Most aliens who become citizens of the United States do so in
that way, because the State courts are more easy of access. But
a State can at any time restrict or forbid the use of its courts
for such a purpose.[Footnote: Stephens, petitioner, 4 Gray's
(Mass.) Reports, 559; State _v._ Judges, 58 N. J. Law
Reports, 97; 32 Atlantic Reporter, 743.]
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