original, and covers a multitude of cases from those of minor importance to the final decision of prize causes.

349. Conclusion. It is fitting that a text-book upon American government should be concluded with an account of our national judiciary. Among our successful political institutions, the most conspicuous is the system of United States courts, which has been the special guardian of the Constitution. The Supreme Court, at the apex of this system, represents the highest type of political evolution. A model of fairness, wisdom, and integrity, it is respected at home and honored throughout the entire world. It is a witness to the honesty, earnestness, and intelligence of the American people whom it serves and a proof that government "of the people, by the people, and for the people shall not perish from the earth.” To its high standard our other governments may be unable to attain, but it will continue to be their model, and its standard will remain the ideal of the American citizen. Decade by decade it has developed in the people a more perfect type of public morality; and in the coming years, the lesson it has taught, that true patriotism is not selfish nor sectional, and that national success must depend upon our recognition of the eternal principles of Justice, will bring the Nation to a higher level of civic righteousness. Then, with even greater pride than we feel to-day, may each one of us utter our proud boast — “I AN AMERICAN CITIZEN."

AM

General References

Ashley, The American Federal State, §§ 374–388.

Hinsdale, The American Government, §§ 525-545, 570–577.

Bryce, The American Commonwealth, abridged ed., pp. 167-200.

Hart, Actual Government, pp. 295–319.

Harrison, This Country of Ours, pp. 300-330.

Cooley, Principles of Constitutional Law, pp. 111–147.

Willoughby, The Supreme Court.

Topic

THE COURTS AND THE CONSTITUTION: Hinsdale, American Government, §§ 570–577; Bryce, American Commonwealth, abridged ed., pp. 178-187; Johnson, A., in Lalor's Cyclopedia, II, pp. 647-652; Brewer, D. J., "The Supreme Court," in Scribner's Magazine, 33 (1903), 273-284; Elliott, C. B., in Political Science Quarterly, 5 (1890), 224-258.

Studies

1. General character of the national courts. Ashley, American Federal State, §§ 374-382, 404-406.

2. The workings of the courts. Bryce, American Commonwealth, abridged ed., pp. 188-200.

3. The Supreme Court and political questions. Harrison, This Country of Ours, pp. 303-313.

4. The influence of Chief Justice Marshall. Magruder, Life of John Marshall, Chapter X.

5. The influence of Supreme Court decisions (historical). Brewer, in Scribner's Magazine, 33 (1903), 275–283.

6. Should the national judges be elected for terms of a definite length?

Questions

1. Name a fairly recent case in which a law of Congress was held by the Supreme Court to be unconstitutional. On what grounds? By what members of the court?

2. Why does not the Eleventh Amendment prohibit citizens from suing their own State? (Cf. Constitution, Art. III, § 2, cl. 1.)

3. In what circuit do we live ? What States are included in it? Who is the Supreme Court justice for this circuit? What circuit judges are there ?

4. What are the limits of this district? Where is the court held ? Give the names of the district judge, the district attorney, and the marshal.

APPENDIX

A. CONSTITUTION OF THE UNITED STATES

WE THE PEOPLE of the United States, in Order to form a more perfect Union, establish Justice, insure domestic Tranquility, provide for the common defence, promote the general Welfare, and secure the Blessings of Liberty to ourselves and our Posterity, do ordain and establish this CONSTITUTION for the United States of America.

ARTICLE. I.

Section 1. All legislative Powers herein granted shall be vested CONGRESS. in a Congress of the United States, which shall consist of a Senate Two and House of Representatives.

houses.

House of
Represen-

tatives.
Term and

Section 2. [1] The House of Representatives shall be composed of Members chosen every second Year by the People of the several States, and the Electors in each State shall have the Qualifications requisite for Electors of the most numerous Branch of the State election. Legislature.

tions

age, citizenship, residence.

apportioning representatives. (Part in

[2] No Person shall be a Representative who shall not have at- Qualificatained to the age of twenty-five Years, and been seven Years a Citizen of the United States, and who shall not, when elected, be an Inhabitant of that State in which he shall be chosen. [3] [Representatives and direct Taxes shall be apportioned Method of among the several States which may be included within this Union, according to their respective Numbers, which shall be determined by adding to the whole Number of free Persons, including those bound to Service for a Term of Years, and excluding Indians not taxed, three fifths of all other Persons.] The actual Enumeration shall be made within three Years after the first Meeting of the Congress of the United States, and within every subsequent Term of ten Years, in such Manner as they shall by Law direct. The Number of Representatives shall

brackets

super

seded by Sec. 2 of Amend

ment

XIV.)

Census

Temporary apportionment.

Vacancies.

Officers.

Senate.
Election

and term.

Division of Senators into three classes.

not exceed one for every thirty Thousand, but each State shall have at least one Representative; and until such enumeration shall be made, the State of New Hampshire shall be entitled to chuse three, Massachusetts eight, Rhode-Island and Providence Plantations one, Connecticut five, New York six, New Jersey four, Pennsylvania eight, Delaware one, Maryland six, Virginia ten, North Carolina five, South Carolina five, and Georgia three.

[4] When vacancies happen in the Representation from any State, the Executive Authority thereof shall issue Writs of Election to fill such Vacancies.

[5] The House of Representatives shall chuse their Speaker and other Officers; and shall have the sole Power of Impeachment.

Section 3. [1] The Senate of the United States shall be composed of two Senators from each State, chosen by the Legislature thereof, for six Years; and each Senator shall have one Vote.

[2] Immediately after they shall be assembled in Consequence of the first Election, they shall be divided as equally as may be into three Classes. The Seats of the Senators of the first Class shall be vacated at the Expiration of the second Year, of the second Class at the Expiration of the fourth Year, and of the third Class at the Expiration of the sixth Year, so that one-third may be chosen Vacancies. every second Year; and if Vacancies happen by Resignation, or

otherwise, during the Recess of the Legislature of any State, the Executive thereof may make temporary Appointments until the next Meeting of the Legislature, which shall then fill such Vacancies.

Qualifica- [3] No Person shall be a Senator who shall not have attained to. tions the Age of thirty Years, and been nine Years a Citizen of the United age, citiStates, and who shall not, when elected, be an Inhabitant of that zenship, residence. State for which he shall be chosen.

Vice-presi

dent.

Officers.

Trial of impeachments.

[4] The Vice President of the United States shall be President of the Senate, but shall have no Vote, unless they be equally divided.

[5] The Senate shall chuse their other Officers, and also a President pro tempore, in the Absence of the Vice President, or when he shall exercise the Office of President of the United States.

[6] The Senate shall have the sole Power to try all Impeachments. When sitting for that Purpose, they shall be on Oath or Affirmation. When the President of the United States is tried,

in cases of impeach

ment.

the Chief Justice shall preside: And no Person shall be convicted without the Concurrence of two thirds of the Members present. [7] Judgment in Cases of Impeachment shall not extend further Judgment than to removal from Office, and disqualification to hold and enjoy any Office of honor, Trust or Profit under the United States: but the Party convicted shall nevertheless be liable and subject to Indictment, Trial, Judgment and Punishment, according to Law. Section 4. [1] The Times, Places and Manner of holding Elec- Both tions for Senators and Representatives, shall be prescribed in each State by the Legislature thereof; but the Congress may at any time by Law make or alter such Regulations, except as to the Places of chusing Senators.

Houses.

Times,

places, and method of electing

members.

Time of

[2] The Congress shall assemble at least once in every Year, and such Meeting shall be on the first Monday in December, unless they meeting. shall by Law appoint a different Day.

lations.

Section 5. [1] Each House shall be the Judge of the Elections, MemberReturns and Qualifications of its own Members, and a Majority of ship regueach shall constitute a Quorum to do Business; but a smaller Num- Quorum. ber may adjourn from day to day, and may be authorized to compel the attendance of absent Members, in such Manner, and under such Penalties as each House may provide.

[2] Each House may determine the Rules of its Proceedings, Rules of punish its Members for disorderly Behaviour, and, with the Con- each currence of two thirds, expel a Member.

house.

[3] Each House shall keep a Journal of its Proceedings, and Journals. from time to time publish the same, excepting such Parts as may in their Judgment require Secrecy; and the Yeas and Nays of the Members of either House on any question shall, at the Desire of one fifth of those Present, be entered on the Journal.

[4] Neither House, during the Session of Congress, shall, without Special the Consent of the other, adjourn for more than three days, nor to adjournany other Place than that in which the two Houses shall be sitting.

ments.

Section 6. [1] The Senators and Representatives shall receive a Members. Compensation for their Services, to be ascertained by law, and paid Compenout of the Treasury of the United States. They shall in all Cases, except Treason, Felony, and Breach of the Peace, be privileged from Arrest during their Attendance at the Session of their respec- bers. tive Houses, and in going to and returning from the same; and for

sation and of memprivileges