The powers of the federal courts are stated in Article iii, section 2, of the Constitution. In general, they have jurisdiction over cases of a national or interstate character. Most cases that come in the first instance before the federal courts are tried in the United States district courts, going to the higher courts only on appeal; but there are certain classes of cases that go to the Supreme Court at once (Art. III, sec. 2, cl. 2). A case brought to trial before a state court may be appealed to the Supreme Court of the United States when the Constitution, the laws, or the treaties of the United States are involved, and its decision is final. The Supreme Court may declare a law passed by Congress or an act of the President null and void if, in its opinion, such law or act is contrary to the provisions of the Constitution. It has been questioned whether the framers of the Constitution intended the Supreme Court to have this power, but it exercises the power on the ground that the Constitution is the supreme law of the land to which even Congress and the President are subject, and that it is the sacred duty of the courts to preserve it from violation. We have noted the influence exercised by the Supreme Court in extending the activities of the United States government by its broad interpretations of the Constitution.
Study the powers of the federal courts in Article iii, sections 1 and 2.
What is treason? (Art. III, sec. 3, cl. I.)
What is meant by the second clause in section 3 of Article iii?
READINGS
Guerrier, Edith, The Federal Executive Departments, Bulletin, 1919, No. 74, U. S. Bureau of Education. Swanton, W. I., Guide to United States Government Publications; Bulletin, 1918, No. 2, U. S. Bureau of Education.
In Lessons in Community and National Life:
Series A: Lesson 12, History of the federal departments.
Lesson
18, Local and national governments.
Series B: Lesson 13, The Department of the Interior.
Lesson
14, The United States Public Health Service.
Lesson
21, National standards and the Bureau of Standards.
In Foerster and Pierson’s American Ideals: The nature of the Union (Daniel Webster), pp. 17-26. The nature of the Union (John C. Calhoun), pp. 27-44. Jefferson’s First Inaugural Address, pp 59- 64. The frame of the national government (Bryce), pp. 285-300. Criticism of the federal system (Bryce), pp. 301-311. Merits of the federal system (Bryce), pp. 312-321.
Beard, C. A., American Government and Politics, Part ii, especially chaps, xi and xiv Hart, A. B., Actual Government, Part v, The National Government in Action. Bryce, James, The American Commonwealth, vol. I, Part i. Wilson, Woodrow, Congressional Government (Houghton Mifflin Co.). Haskin, F. J., The American Government (Lippincott). Young, The New American Government (Macmillan).