t promising solution yet
devised for the problem of building a nation without tearing down local
self-government.

[Footnote 1: Fiske: "The Critical Period of American History," p. 301.]

John Fiske, the historian, writing of the importance of preserving the
constitutional equilibrium between nation and states, said:[1]

If the day should ever arrive (which God forbid!) when the
people of the different parts of our country shall allow their
local affairs to be administered by prefects sent from
Washington, and when the self-government of the states shall
have been so far lost as that of the departments of France, or
even so far as that of the counties of England--on that day
the progressive political career of the American people will
have come to an end, and the hopes that have been built upon
it for the future happiness and prosperity of mankind will be
wrecked forever.

[Footnote 1: Id., p. 238.]

If allowance be made for certain extravagances of statement, these words
will serve as a fitting introduction to the discussions which follow.

II

THE SUPREME COURT OF THE UNITED STATES

The Constitution effected an apportionment of the powers of government
between nation and states. The maintenance of the equilibrium thus
established was especially committed to the Supreme Court. This novel
office, the most important of all its great functions, makes the Court
one of the most vital factors of the entire governmental scheme and
gives it a unique preeminence among the judicial tribunals of the world.

How the office has been performed, and whether the constitutional
equilibrium is actually being maintained, are the questions to be
considered in this book. Before taking them up, however, it will be
useful to glance briefly at the Court itself and inquire how it is
equipped for its difficult task.

The United States Supreme Court at present is composed of nine judges.
The number originally was six. It now holds its sessions at the Capitol
in Washington, in the old Senate Chamber which once echoed with the
eloquence of the Webster-Hayne debate. The judges are nominated by the
President, and their appointment, like that of ambassadors, must be
confirmed by the Senate. The makers of the Constitution took the utmost
care to insure the independence of the Court. Its members hold office
during good behavior, that is to say for life. They cannot be removed
except