CHAPTER XV

The National Courts and Their Work

"There is no liberty if the power to judge be not separated" from the powers to make and to carry out the laws. -Alexander Hamilton.

We have studied two branches of the National Government. The Congress makes the laws. It is the legislative branch. It is made up of a Senate and a House of Representatives. The President enforces the laws of the United States. He is the head of the executive branch. He has a Cabinet of 10 Agency Heads who help him with his work.

The meaning of a law is not always clear. It is not always known what the Constitution or a treaty means. Who should furnish the answer? Should those who make and carry out the laws be permitted to say what they mean? That was done under the Articles of Confederation. It did not work well. A third branch was set up in the National Government to do this work. It is called the judicial branch.

THE NEED FOR THE NATIONAL COURTS

The Fathers of the Constitution had seen the need for national courts to settle our quarrels with foreign nations under treaties. Also, there had been quarrels among the States. Courts were needed to settle these quarrels according to fair laws.

There was still another important need that the Fathers of the Constitution felt had to be met. By the Constitution the people limited the authority of the National Government and of the States. The Constitution is the basic law of our Nation, Thus national courts were

needed to help keep the National Government and the States within the limits of their authority. National courts were also needed to help build a strong National Government. Questions as to the meaning of the Consti\tution, laws, and treaties of the United States were certain to spring up. If these questions were left to the State courts, then courts in different States might decide the same question in different ways. This had happened under the Articles of Confederation. The Fathers of the Constitution decided that it should not happen under the new Constitution. They said that there should be a system of national courts to decide such questions.

THE SUPREME COURT OF THE UNITED STATES

The Supreme Court of the United States is named in the Constitution. It can be done away with only by an amendment to the Constitution. When it has decided what the Constitution, treaties, or laws of the United States mean, there is no other court to which the matter may be taken. It has the last word. We must accept the answer of the Supreme Court. That is the way we do things in our republic.

The Congress has some control over the Supreme Court. The Congress decides the number of judges or justices. It fixes their pay. No judge can be appointed by the President unless the Senate agrees. The Constitution names certain kinds of cases that must begin and end in the Supreme Court. Article III of the Constitution sets out the authority of the national courts. The Congress can, within those limits of authority, generally decide what cases may come before the Supreme Court. But the Congress cannot change the authority given to the Supreme Court by the Constitution.

OTHER NATIONAL COURTS

The Fathers of the Constitution expected the country to grow. They knew that changes would give rise to many

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new questions. So they said that there should be one Supreme Court. Then they gave the Congress authority to set up other courts, to fix the number of judges on each court, and to decide the ways of handling court business. The Congress has established other courts which are under the Supreme Court. These courts help to keep the work of the Supreme Court from becoming too heavy. They help to end cases in a quick way and let the Supreme Court decide only important ones.

The Congress divided the United States into eleven large districts or circuits. In each circuit, the Congress set up a court of appeals which is just under the Supreme Court. Just below the court of appeals in each circuit. there are United States district courts. The Congress decides how many judges there will be on the courts of appeals and on the district courts.

Most of the cases that come into the national courts are first tried in the district courts. In general, a court of appeals hears only cases that are taken to it from the district courts in its circuit. It is the last court in which most cases from the district courts are heard. But the Congress by law permits certain cases to be taken from the courts of appeals to the United States Supreme Court.

SPECIAL NATIONAL COURTS

All of the courts mentioned thus far were set up by the Congress under Article III of the Constitution. We know, however, that the Congress can pass laws that are necessary and proper in order to carry out the powers that are given to the National Government. The Congress has set up a few special courts in order to help carry out its authority.

For many years, persons who wanted to be paid for damage claims against the United States had to present their claims to the Congress. They had to appear before its committees and prove their claims. There were many claims that took a great deal of time of the Congress.

Also, it was not easy for the Senators and the Congressmen to turn down their friends. For these reasons the Congress set up a special Court of Claims in 1855. This court now examines these claims against the United States. It decides which claims should be paid by the Congress.

There are other special courts. We remember that the Congress has power to levy taxes on incomes and on goods brought into the United States from foreign countries. Suppose that a person feels that the tax on his income or his goods is too great. He may question the tax on his income by taking his case to the Tax Court of the United States. He may question the tax on his goods by taking his case to the United States Customs Court, which the Congress set up in 1926.

If the person does not like the way the Customs Court decides his case, he can take it to the United States Court of Customs and Patent Appeals. It also hears the claim of any person who has invented something and who feels that the Department of Commerce was wrong in refusing to give him a patent. The Congress permits a few cases, within narrow limits, to be taken from the Court of Customs and Patent Appeals to the Supreme Court of the United States. But there are not very many of these cases.

THE JUDGES OF OUR NATIONAL COURTS

The Fathers of the Constitution did not want the judges of the national courts to fear anyone. They wanted the national courts to be free from the influence of the people, the Congress, and the President. They wanted the judges to be fair. The judges must take an oath that they will do justice "without respect to persons, and do equal right to the poor and to the rich."

The judges of the national courts are appointed by the President but the Senate must approve. In general, they are chosen because they know the law, have had experience, and are able to judge well. They hold office for life if they do good work. But if one of them does a crime while in office, he may be impeached, and removed from office upon conviction.