SUPREME COURT 



5639 



SUPREME COURT 



demands upon this court have increased, there 

 have been additions to the number c justices; 

 there are at present one Chief Justice and eight 

 Associate Justices. Members of the Supreme 

 Court are appointed by the President of the 

 United States, subject to confirmation by the 

 iSenate. 



It has been found at times difficult to secure 

 the appointment of men of requisite legal ability 

 and standing who would consent to serve for 

 the low remuneration provided by law. When 

 the court was organized the Chief Justice re- 

 ceived $4,000 per vear and the Associate Jus- 

 tices $3,500. Later the Chief Justice received 

 $10,500 and Associate Justices $10,000 per year. 

 In 1907 the compensation was again increased 

 to $13,000 and $12,500, respectively, and in 

 1911 to $15,000 and $14,500. To remove mem- 

 bers of this high court from every political in- 

 fluence and to render the position more at- 

 tractive, the Constitution provides that they 

 shall hold their places during life or good be- 

 havior and that any member upon reaching the 

 age of seventy years may retire from service, 

 if he has been ten years a justice, and receive 

 thereafter as long as he lives the regular salary 

 of an Associate Justice. 



Powers of the Supreme Court. The Consti- 

 tution, in Art. Ill, Sec. 2, defined the classes 

 of cases over which the Supreme Court is given 

 jurisdiction. These are briefly summarized and 

 explained below: 



All cases affecting ambassadors, public minis- 

 ters and consuls. These are officials of the gen- 

 eral government whose relations are entirely with 

 foreign governments. Therefore the national gov- 

 ernment instead of a court of the state in which 

 the litigant may reside should have original juris- 

 diction. 



All cases of admiralty and maritime jurisdic- 

 tion. The high seas belong to all nations and an 

 offense committed thereon naturally should be 

 tried by a court representative of the nation 

 involved. 



All controversies to which the United States 

 shall be a party. In cases of this nature the en- 

 tire citizenship- of a country is interested and a 

 national tribunal rather than a state court must 

 decide the issues involved. 



All controversies between two or more states. 

 To permit a court in one of the contending states 

 to settle such a controversy would be prejudicial 

 to fair judgment. An outside tribunal is neces- 

 sary to which all parties may appeal. 



All controversies between a state and citizens 

 of another state and to controversies between the 

 citizens of the same state claiming lands under 

 grants of different states, the same reasons apply 

 as in the case last mentioned. 



All controversies between a state or the citi- 

 zens thereof and foreign states, citizens or sub- 

 jects. If citizens of any state offend a foreign 



state or its citizens or subjects, the peace and 

 honor of an entire nation is involved rather than 

 the safety of a single state. 



Power over Legislation. The Supreme Court 

 possesses unique power. It is the only court 

 in history that has ever possessed the right to 

 deny the validity of a national law, when prop- 

 erly brought to its attention. A law is invalid 



THE NINE JUDICIAL CIRCUITS 

 The territories of Alaska and Hawaii are in- 

 cluded in the ninth circuit. 



and of no effect if in any way it is contrary to 

 the letter or spirit of the Federal Constitution. 

 The Court is empowered to pass also upon the 

 validity of any state law; such a law cannot 

 remain effective if it is contrary in letter or 

 spirit to the Constitution of the United States. 

 Up to the present time twenty-one acts of 

 Congress have been declared unconstitutional, 

 the last being the income tax law of 1904. 



Inferior Courts. The Constitution provided 

 that the judicial system should consist of not 

 only a Supreme Court, but of such inferior 

 courts as Congress may establish. With the 

 growth of the country, district courts and 

 United States circuit courts were established. 

 In 1912 circuit courts were abolished and the 

 number of United States District Courts was 

 increased. These are located throughout the 

 country in nine Judicial circuits. One Justice 

 is assigned to the oversight of each circuit. 



Chief Justices. Since the organization of the 

 Supreme Court there have been nine Chief 

 Justices. The longest tenure of office was that 

 of John Marshall, who served more than thirty- 

 four years. Following is a complete list: 



John Jay, of New York. Appointed in 1789 by 

 President Washington, resigning in 1794 to accept 

 a diplomatic mission to England. See JAY,, JOHN. 



John Rutledge,of South Carolina. Appointed 

 in 1795 by President Washington. He presided 

 over one term of the court but the Senate refused 

 to confirm his appointment in December of that 

 year on the ground of lack of qualification. 



Oliver Ellsworth, of Connecticut. Appointed in 

 1796 by President Washington. He resigned in 

 1799 to accept appointment as minister to France. 



