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Fiske, John, 1842-1901

"Civil Government in the United States Considered with Some Reference to Its Origins"


In cases where a state or a foreign minister is a party the supreme
court has original jurisdiction, in other cases it has appellate
jurisdiction, and "any case which involves the interpretation of the
Constitution can be taken to the supreme court, however small the sum
in dispute." If a law of any state or of the United States is decided
by the supreme court to be in violation of the Constitution, it
instantly becomes void and of no effect. In this supreme exercise
of jurisdiction, our highest federal tribunal is unlike any other
tribunal known to history. The supreme court is the most original of
all American institutions. It is peculiarly American, and for its
exalted character and priceless services it is an institution of which
Americans may well be proud.
QUESTIONS ON THE TEXT.
1. What was the second important factor in transforming our country
from a Band-of-States to a Banded-State?
2. Why was a federal judiciary deemed necessary?
3. The organization of the federal judiciary:--
a. The supreme court and its sessions.
b. The circuit courts.
c. The district courts.
d. Exchanges of service.
e. Appointment of judges.


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