18. Should the powers of the presiding officer of the Senate be increased?

19. Is debate in the House of Representatives too greatly restricted?

20. Should the privilege of "franking" be restricted?

21. Should the President's power to veto bills be extended? Should it be restricted?

CHAPTER XLIV

THE FEDERAL COURTS

A. FRAMEWORK OF THE FEDERAL COURTS

561. CONSt.i.tUTIONAL BASIS OF THE FEDERAL JUDICIARY.--The Federal Const.i.tution makes only slight reference to the structure of the Federal courts. It merely provides that the judicial power of the United States shall be vested in one Supreme Court, and in such inferior courts as Congress may from time to time ordain and establish.

In accordance with this provision, Congress in 1789 pa.s.sed the Judiciary Act, which still forms the basis of our Federal judicial system. The Judiciary Act provided for the organization of the Supreme Court, and also created a system of circuit and district courts. It likewise distributed Federal jurisdiction among the three grades of courts, established the office of Attorney General, and provided for a Federal marshal in each judicial district. In order to relieve the Supreme Court of part of its appellate jurisdiction, Congress in 1891 created nine circuit courts of appeals. In 1912, Congress abolished the circuit courts which had been established by the Act of 1789.

At the present time, thus, there are three grades of Federal courts: the Supreme Court, nine circuit courts of appeals, and eighty-one district courts. In addition there are several special Federal courts.

562. FEDERAL JUDICIAL AGENTS.--All Federal judges are appointed by the President, subject to confirmation by the Senate. They hold office for life, or during good behavior. Since Federal judges can be removed from office only by impeachment, they are relatively independent, both of the appointing power and of the popular will.

Judges receive salaries which may be increased, but which cannot be diminished, during their term of office. Each of the eight a.s.sociate justices of the Supreme Court receives an annual salary of $14,500, while the Chief Justice receives $14,900 a year. Circuit judges receive a salary of $7000 a year. Each district court judge receives $6000 a year. Upon reaching the age of seventy years, any Federal judge who has held his commission for at least ten years, may resign and continue to draw full salary during the remainder of his life.

Some additional judicial agents may be mentioned. In each Federal judicial district there is an United States marshal, who is charged with the duty of enforcing the orders of the court. There is also in each district a Federal prosecutor, who has the t.i.tle of United States district attorney. It is this officer who inst.i.tutes proceedings against persons violating Federal law. Both marshals and district attorneys work under the direction of the Attorney-General of the United States.

563. THE SUPREME COURT.--At the head of the Federal judicial system stands the Supreme Court. This tribunal holds its annual sessions at Washington, D. C., usually from October until May. By far the most important business coming before this court involves questions of const.i.tutional law. [Footnote: Jurisdiction over questions of const.i.tutionality is a form of appellate jurisdiction. In addition, the Supreme Court has original jurisdiction in (1) cases affecting diplomatic and consular officers, and (2) cases to which a State is a party. In practice, however, the original jurisdiction of the Supreme Court has been relatively unimportant. ] Cases involving questions of const.i.tutionality are always brought up to the Supreme Court, from either the lower Federal courts, or from the state courts. Cases of this kind are brought before the Supreme Court either on appeal or by writ of error.

When a case is submitted to the Supreme Court, each justice makes an independent study of it, and a conference is then held, in which the various sides of the question are discussed and a decision reached.

The Chief Justice then requests one of his colleagues to prepare the "opinion of the court," containing the conclusions reached by the majority. In important cases, the disagreeing minority prepares a "dissenting opinion," setting forth their reasons for believing that the case should have been decided otherwise. This dissenting opinion does not, however, affect the validity of the decision reached by the majority of the justices.

564. THE CIRCUIT COURT OF APPEALS.--The United States is divided into nine circuits, in each one of which a Circuit Court of Appeals exercises jurisdiction. The Circuit Court consists of three judges. As a general proposition this court has appellate jurisdiction to review the decisions of the district courts, but in some instances cases may be taken from the district courts directly to the Supreme Court of the United States. In cases in which jurisdiction results from the fact that the suit is one between an American citizen and an alien, or between citizens of different states in the Union, the decision of the Circuit Court of Appeals is generally final. The jurisdiction of this court is also final in all cases arising under the revenue, patent, and copyright laws of the United States.

565. THE DISTRICT COURT.--The lowest of the regular Federal courts is the District Court. One of these courts exists in each of the eighty- one districts into which the country is divided. For each district court there is generally a separate district judge, who holds court at one or more places within the district.

The matters which may be brought before a Federal District Court are various. Among other things, the jurisdiction of the court extends to all crimes and offenses cognizable under the authority of the United States, cases arising under the internal revenue, postal and copyright laws, proceedings in bankruptcy, all suits and proceedings arising under any law regulating immigration, and also all suits and proceedings arising under any law to protect trade and commerce against monopoly.

566. SPECIAL FEDERAL COURTS.--Besides the three sets of Federal courts described above, Congress has from time to time created a number of special courts.

The Court of Claims was created in 1855. It consists of five justices, sitting at Washington, and exercising jurisdiction over cases involving claims against the United States.

In 1911 Congress created the Court of Customs Appeals, consisting of five judges who may review the decisions of the Board of General Appraisers with respect to the cla.s.sification and taxation of imports.

Congress has also provided a system of territorial courts to handle cases arising in the territories and in the District of Columbia.

Courts-martial for the trial of military and naval offenses have also been provided for by congressional statute.

B. THE FEDERAL COURTS IN ACTION

567. JURISDICTION OF THE FEDERAL COURTS.--The Federal courts exercise limited, rather than general, jurisdiction. That is to say, they have authority to try only such cases as are specifically placed within their jurisdiction by the Const.i.tution, or by congressional statute.

Cases falling within the jurisdiction of the Federal courts may be grouped under two heads: First, cases affecting certain parties or persons, and second, cases relative to certain matters.

Under the first head may be grouped cases affecting amba.s.sadors, other diplomatic representatives, and consuls. In the same group are controversies to which the United States is a party, controversies between two or more states, controversies between a state and the citizens of another state, controversies between citizens of different states, and controversies between a state, or the citizens thereof, and foreign states, citizens or subjects thereof.

Under the second head fall three types of cases: First, controversies between citizens of the same state claiming lands under grants of different states. Second, cases of admiralty and maritime jurisdiction, and third, cases in law or equity arising under the Const.i.tution or laws of the United States, or treaties made under their authority.

568. THE WRIT OF HABEAS CORPUS. [Footnote: For the general arrangement of the material in Sections 568-570, I am indebted to Professor Beard's _American Government and Politics_, to which text acknowledgment is here made.]--In the exercise of their judicial functions the Federal courts have the power of issuing three great writs affecting the rights of citizens.

Of these the most famous is the writ of _habeas corpus_. This writ is designed to secure to any imprisoned person the right to have an immediate preliminary hearing for the purpose of discovering the reason for his detention. Where the writ is properly issued, the prisoner is brought into court for a summary examination. If it is found that he has been detained in violation of law, he is released; if not, he is remanded for trial.

Federal judges may not issue writs of _habeas corpus_ indiscriminately. A writ can be issued only in the following cases: First, when a prisoner is in jail under Federal custody or authority; second, when an individual is in jail for some act done or omitted in pursuance of a law of the United States or the order, process, or decree of some Federal court or judge; third, when an individual has been detained because of violation of the Const.i.tution or some law or treaty of the United States; and fourth, when a citizen of a foreign country claims to be imprisoned for some act committed with the sanction of his government.

569. THE WRIT OF MANDAMUS.--The writ of mandamus may be used against public officials, private persons, and corporations, for the purpose of forcing them to perform some duty required of them by law. Properly used, the writ of mandamus is called into action to compel executive officers to perform some administrative duty. The court will not intervene, however, where the duty is purely discretionary and its performance dependent either upon the pleasure of the official, or upon his interpretation of the law. Usually the applicant for a writ of mandamus must show that he has no other adequate legal remedy, and that he has a clear legal right to have the action in question performed by the officer.

570. THE WRIT OR BILL OF INJUNCTION.--This writ may be of several distinct types. It may take the form of a mandatory writ, ordering some person or corporation to maintain a _status quo_ by performing certain acts. For example, striking railway employees may be ordered to continue to perform their regular and customary duties while remaining in the service of their employer.

The injunction may take the form of a temporary restraining order forbidding a party to alter the existing condition of things in question until the merits of the case have been decided. This is often used in labor disputes.

Sometimes the writ is in the form of a permanent injunction ordering a party not to perform some act, the results of which cannot be remedied by any proceeding in law. This, too, has often been used in labor disputes.

571. JUDICIAL INTERPRETATION OF THE STATUTES.--The crowning feature of the American judiciary is its power to pa.s.s upon the const.i.tutionality of state and Federal laws. The Const.i.tution does not give to the courts the power to declare state or Federal statutes invalid on the ground that they conflict with the Federal Const.i.tution, but in the famous case of Marbury _v._ Madison in 1803, Chief Justice Marshall demonstrated that under the Const.i.tution the Supreme Court must possess the power of declaring statutes null and void when they conflict with the fundamental law of the land. In deciding against the validity of a law, the court does not officially annul it, but merely refuses to enforce the statute in the particular case before the court. Thereupon, the executive officials who might be charged with the administration of that particular law, neglect to enforce it.

572. GENERAL POLICY OF THE FEDERAL COURTS.--The Federal courts have consistently refused to decide abstract questions not presented in the form of a concrete case between parties to an actual suit. The Supreme Court, for example, will take no notice of a statute until the question of its const.i.tutionality arises in the form of a concrete case.

The Federal courts have consistently refused to interfere in purely political questions, the decision of which rests with executive or legislative authorities. For example, the court will not touch questions of the existence of war or peace, or the admission of a new state into the Union.

In reaching a decision, two forces are brought to bear upon the courts. First, the character of previous decisions in similar or a.n.a.logous cases influences a decision. Second, important consideration is given the demands of justice or equity in the particular case in hand, regardless of precedent. Generally speaking judicial decisions strike a course midway between these two extremes.

QUESTIONS ON THE TEXT

1. What does the Federal Const.i.tution say concerning the structure of the Federal courts?

2. What act forms the basis of our Federal judicial system?

3. How are Federal judges chosen, and what are their salaries?

4. Name some judicial agents other than judges.

5. What is the nature and function of the Supreme Court?

6. What is the nature and function of the Circuit Court of Appeals?

Over what cases has it jurisdiction?

7. What matters may be brought before the District Court?