FREE BOOKS

Author's List




PREV.   NEXT  
|<   18   19   20   21   22   23   24   25   26   27   28   29   30   31   32   33   34   35   36   37   38   39   40   41   42  
43   44   45   46   47   48   49   50   51   52   53   54   55   56   57   58   59   60   61   62   63   64   65   66   67   >>   >|  
mportant question? It is evident that if this power had not been vested in the tribunals of the United States, the government would have wanted the means of its own preservation; all its granted powers would have depended upon the variable and uncertain decisions of State courts. "It is a well-established maxim in political organization, that the judicial power must be made co-extensive with the constitutional and legislative power; otherwise there can be no adequate provision for the interpretation and execution of the laws. In conformity with this plain and necessary principle, the Constitution declares that the judicial power of the United States shall extend to all cases in law and equity arising under the Constitution, the laws of the United States and treaties, no matter in what court such a case arises. Whenever and wherever such a case comes up, the judicial power of the United States extends to it, and attaches upon it; and if it arise in any State court, the acts of Congress have made provision for its transfer to the Supreme Court of the United States, there to be finally heard and adjudged. This proceeding is well known to the profession, and need not now be particularly stated or rehearsed. Finally, the President of the United States is by the Constitution made commander-in-chief of the army and navy, and of the militia when called into the actual service of the United States; and all these military means are put under his control in order that he may be able to see that the laws be faithfully executed. The Government of the United States, therefore, though a government of limited powers, is complete in itself, and, to the extent of those powers, possesses all the faculties for legislation, interpretation and execution of the laws, and nothing is necessary but fidelity in all those who are elected by the people to hold office in its various departments to cause it to be upheld, maintained, and efficiently administered. "The Constitution assigns particular classes of causes to the original jurisdiction of the Supreme Court, and other courts are to exercise such powers and duties as are or may be prescribed by Congress. Congress has not as yet found it necessary or expedient to confer on the circuit or other inferior courts all the jurisdiction created or authorized by the Constitution; thus there are many cases in which a summary jurisdiction usually belonging to courts, such as that of mandamus and injunc
PREV.   NEXT  
|<   18   19   20   21   22   23   24   25   26   27   28   29   30   31   32   33   34   35   36   37   38   39   40   41   42  
43   44   45   46   47   48   49   50   51   52   53   54   55   56   57   58   59   60   61   62   63   64   65   66   67   >>   >|  



Top keywords:

United

 

States

 

Constitution

 

courts

 

powers

 
jurisdiction
 

judicial

 

Congress

 

government

 

interpretation


execution
 

provision

 

Supreme

 

possesses

 

fidelity

 

elected

 

extent

 
legislation
 

people

 

faculties


control

 

service

 

military

 

limited

 

complete

 

Government

 
faithfully
 
executed
 

efficiently

 
circuit

inferior

 

created

 

confer

 
expedient
 

authorized

 

belonging

 

mandamus

 

injunc

 
summary
 

prescribed


maintained

 

actual

 

administered

 

upheld

 

departments

 

assigns

 
exercise
 
duties
 

mportant

 

question