The Essentials of American Constitutional LawThorpe, Francis Newton
History
The Essentials of American Constitutional Law
Thorpe, Francis Newton
Constitutional law -- United States
The Constitution imposes restrictions on the States, which of course
means restrictions on their legislatures, their governors, and their
courts. Upon principles of good government the States are prohibited
from doing many things. How shall infractions of the supreme law be
determined? Either by a congressional negative, or by the authority of
the federal courts overruling whatsoever act of the State contravenes
the Constitution.[250]
100. But the judicial power of the United States extends yet
further,—to controversies “in which the State tribunals cannot be
supposed to be impartial and unbiased.”[251] The principle here is that
the whole is greater than a part;
that the peace of the whole ought not to be left at the disposal
of a part. “No man ought to be a judge in his own cause, or in any
cause in respect to which he has the least interest or bias.”[252]
On the principle that every government ought to possess the means
of executing its own provisions by its own authority,
it follows that it is necessary that the construction of the
Constitution,—the supreme law,—
should be committed to that tribunal which, having no local
attachments, will be likely to be impartial between different
States and their citizens, and which, owing its official existence
to the Union, will never be likely to feel any bias inauspicious to
the principles on which it is founded.[253]
101. The exercise of judicial power by the Supreme Court is provided
for, in part, by the Constitution, but Congress is authorized to ordain
and establish inferior courts,—which means to define their respective
jurisdictions; to bestow upon a court so much judicial power, and to
make such restrictions, rules, and regulations as Congress itself may
deem proper. Thus Congress establishes such courts and defines their
several jurisdictions, but whatsoever judicial power a court possesses,
by act of Congress, the court derives from the Constitution in its
grant of such power. The jurisdiction of any inferior court of the
United States, thus defined by Congress, may vary, from time to time,
by act of Congress, but every case arising in the court must be shown,
by the record of the court, to be within its jurisdiction.[254] The
reason for this important rule (and seeming restriction) conforms to
the essential principle in all judicial proceeding: the principle of
authority. No court acts without authority and, as judicial examination
has for its ultimate purpose the settlement of controversy in a legal
manner, the jurisdiction of the court is of primary importance. One of
the purposes of the Union is “to establish justice,” and precision in
the whole matter of exercise of judicial power is essential.
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.
Join the Discussion
Join the discussion
Sign in to leave a comment or review.
Sign InorCreate an account