The Essentials of American Constitutional LawThorpe, Francis Newton
History
The Essentials of American Constitutional Law
Thorpe, Francis Newton
Constitutional law -- United States
105. The inferior courts, established by Congress, have such
jurisdiction as Congress in its wisdom sees fit to give them save that
the jurisdiction belonging to the Supreme Court cannot be given to an
inferior court; there can be but one Supreme Court. The relation of the
State courts to the courts of the United States is partly determined by
the Constitution, partly by act of Congress. The circumstances under
which a case in or from a State court may be transferred, or appealed,
to a federal court are various, but the essential reason for such
transfer is that the jurisdiction of the United States as defined by
the Constitution, a treaty, or an act of Congress, is involved. A case
or controversy not involving that jurisdiction cannot arise in any
federal court. The possible relations of the Constitution, treaties,
and acts of Congress to individuals (persons natural), to corporations
(persons artificial, as private corporations), and to States (public
corporations), are beyond calculation. The line of demarcation between
the jurisdiction of State courts and that of federal courts cannot
be fixed by any brief definition or survey. In some instances the
jurisdiction is a matter of choice by parties, the court that first
takes jurisdiction having it, as it were, by first instance, but in
such cases there exists by law a concurrent jurisdiction, judicial
procedure being open to parties in either the State or the federal
court. In practice, a court restricts itself to its own jurisdiction.
106. It has been said that one test of demarcation between the two
jurisdictions is the common law; that each State has the common law but
the United States has statute law only. This difference (if true) would
restrict federal courts to an exercise of judicial power delegated by
the Constitution and set forth in laws made by its authority, while the
State courts would administer justice in accord with the law of the
States which are both common law and statutory. It must be remembered,
however, that federal courts sit in the several States and administer
whatsoever law is the local (State) law, taking judicial notice of
State statutes, of decisions of State courts, of usages, of the common
law as existing in the State, and, therefore, exercising a jurisdiction
essentially the same as the State courts. Emphasis may well be placed
on the custom of federal courts to follow closely the decisions of
State courts,—the result being that State decisions become final in
federal courts as do federal decisions in State courts. But the States
cannot increase or diminish the jurisdiction of federal courts, nor
can Congress increase or diminish the jurisdiction of State courts.
Although both courts may have jurisdiction in certain cases, collisions
of authority are prevented by good sense and comity among State and
federal judges.
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