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Section 5. _the Federal Judiciary_.

Civil Government in the United States Considered With Some Reference to Its Origins · John Fiske — chapter 52 of 61 · ~277 words · public domain

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The division of jurisdiction between the upper and lower federal courts is determined chiefly by the size and importance of the cases. 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. f. The United States district attorney. g. The United States marshal.

4. The jurisdiction of the federal courts:-- a. Cases because of the nature of the questions involved. b. Cases because of the nature of the parties to the suit. c. The division of jurisdiction between the upper and the lower courts. d. Wherein the supreme court is the most original of American institutions.

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