The Essentials of American Constitutional LawThorpe, Francis Newton
History
The Essentials of American Constitutional Law
Thorpe, Francis Newton
Constitutional law -- United States
In attempting, then, to summarize, the essentials of American
constitutional law, it is from the decisions of the Supreme Court, as
from no other source, one must derive any authoritative interpretation.
115. The three departments of government are distinct.
The legislative shall never exercise the executive and judicial
powers, or either of them; the executive shall never exercise the
legislative or judicial powers, or either of them; the judicial
shall never exercise the executive or legislative powers, or either
of them; to the end it may be a government of laws and not of
men.[279]
This principle of separation of powers, or offices, of government, is,
for many purposes, not merely fundamental, but primary, in American
constitutional law. A department of government can execute only the
offices, or powers, delegated to it,[280] but the Legislature cannot
impose other than judicial duties upon courts of law, or judicial
duties upon other than the judiciary.[281]
It follows from this principle that acts done by the legislative, or
the judiciary, or the executive, in due course,—that is, according to
rules of procedure and in the mode required by law, are official acts
and are to be accredited as such.[282] Thus laws which appear on the
face of them to be attested by the proper officials of the two Houses,
duly signed by the Executive (or, passed over his vote as provided by
the Constitution), and published by the official authorized to publish
them are legislative acts, (laws) in a constitutional sense. So the
records of courts of law made and kept in due procedure, and officially
authenticated, are judicial records in a constitutional sense.
116. The original jurisdiction of the Supreme Court is co-extensive
with the judicial power delegated by the Constitution.[283] Congress
has power to give the inferior courts of the United States “original
jurisdiction in any case to which the appellate jurisdiction
extends.”[284]
In all cases in which the Constitution, or a treaty, or an act of
Congress is involved, the United States through some one of its courts
has jurisdiction.[285]
The exemption of an ambassador, public minister, or consul from suits
in particular courts “is the privilege, not of the person who happens
to fill the office, but of the State or government he represents.”[286]
Consuls are oftentimes citizens, not aliens; any exemptions or
privileges claimed by such a person accrue to him as consul being an
alien, not as consul being also a citizen, of the United States.
The admiralty jurisdiction of the United States extends over all
water on which commerce is carried on between different States, or
nations.[287] The principle of national commercial jurisdiction is
essentially that of national political jurisdiction, a jurisdiction
thus declared:
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