Our Government: Local, State, and National: Idaho Edition eBook

This eBook from the Gutenberg Project consists of approximately 219 pages of information about Our Government.

Our Government: Local, State, and National: Idaho Edition eBook

This eBook from the Gutenberg Project consists of approximately 219 pages of information about Our Government.

32.  For accounts of the new Congressional Library, see Century Mag., 53:682-694; 694-711; Atl.  Mo., 85:145-158; Cosmop., 23:10-20.

33.  What is the special value of the work of the Bureau of American Republics?  Forum, 30:21-27.

For other questions and references on the topics in this chapter, consult Government in State and Nation, 259, 260.

CHAPTER XVI.

THE NATIONAL JUDICIARY.

ARTICLE III.

Establishment of an Independent Tribunal.—­Alexander Hamilton characterized the lack of a judiciary as the crowning defect of government under the Confederation.  If we consider the nature of our present government, it is easily seen that some form of independent tribunal is necessary.  We have a central government exercising complete control over National affairs and foreign relations and, at the same time, the State governments with equally complete control over questions arising within their limits.  If differences arise, then, as to the authority of National or State government over a given question, how are these disputes to be settled peaceably?  After a brief discussion, the problem was answered in the Constitutional Convention by the formation of a Federal judiciary.

Organization of the Judiciary.—­The organization of the judiciary is provided for as follows:  Section 1. The judicial power of the United States shall be vested in one Supreme Court, and in such inferior courts as the Congress may from time to time ordain and establish.  The judges, both of the Supreme and inferior courts, shall hold their offices during good behavior, and shall, at stated times, receive for their services a compensation which shall not be diminished during their continuance in office.

In 1789 Congress provided that the Supreme Court should consist of a chief justice and five associates.  Circuit and district courts were also established.  The Supreme Court at present consists of the chief justice and eight associate justices.  It holds one session annually, at Washington, beginning on the second Monday in October and continuing until about May 1.

District Courts.—­The territory of the United States has been divided into judicial districts, none of them crossing State lines and each having a district court.  New York and Texas have each four districts; Alabama, Pennsylvania, and Tennessee three each; Arkansas, California, Florida, Georgia, Illinois, Iowa, Kentucky, Louisiana, Mississippi, Michigan, Missouri, North Carolina, Ohio, Oklahoma, Virginia, Washington, Wisconsin, and West Virginia two each; and the remaining States have each a single district.  Alaska and Hawaii constitute a district.  Generally there is a judge for each district, but a single judge is at times assigned to two districts.

United States District Attorneys and Marshals.—­A district attorney and marshal are appointed by the

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