The American JudiciaryBaldwin, Simeon E. (Simeon Eben)
History
The American Judiciary
Baldwin, Simeon E. (Simeon Eben)
Courts -- United States; Law -- United States -- History
The obvious object of the limitation is to preserve so far as is
possible the sovereignty of the States. The courts of the nation
are to set aside acts or judgments flowing from that only in case
of necessity and to preserve rights flowing from the sovereignty
of the nation. For the same reasons, resort can be had to the
Supreme Court of the United States only after every right of
review given by the laws of the State has been exhausted.
Usually this requires one who loses his cause in a trial court to
take it up to the State court of last resort. Where, however,
this is not permitted by the State law, he may ask for a writ of
error from the Supreme Court of the United States to whatever
court was the highest to which he was able to remove it; and if,
by the State law, he was unable to appeal at all, then the writ
will go to the trial court. One of the greatest of Chief Justice
Marshall's great opinions was rendered on a writ of error to the
quarterly session court for the borough of Norfolk in Virginia,
held by the mayor, recorder, and aldermen of the
borough.[Footnote: Cohens _v._ Virginia, 6 Wheaton's
Reports, 264.]
It was the opinion of Hamilton that an appeal might be given from
the State courts to the inferior federal courts, in case of a
decision turning on a right claimed under the Constitution or
laws of the United States.[Footnote: _Federalist_,
No. LXXXII.] This is probably true, but Congress has wisely
forborne to make any such provision. It imposes a strain
sufficiently great on the sovereignty of a State to subject the
judgments of its court of last resort to reversal by the Supreme
Court of the nation.
The power to declare a statute void because inconsistent with
constitutional provisions belongs to every court in every case in
which such a statute is relied on either to support the action or
in defense.[Footnote: See Chap. VII.] It therefore belongs, as
respects a State statute which may be attacked as inconsistent
with the Constitution of the United States, to the trial courts
of the United States as well as to the Supreme Court. This makes
it possible for a District or Circuit Court of the United States
to adjudge the statute of a State in which it sits to be
unconstitutional and void, although it may have been declared
valid by a judgment of the highest court of the State, from which
no appeal to the Supreme Court of the United States was ever
taken.
Public-domain text, read in full here on John Shaqi.
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