Things to Do: 1. Find and bring to class for discussion any newspaper or magazine articles that refer to Congress exercising any of its powers. 2. Prepare a five-minute paper or talk on any one of the bureaus of the executive department at work. Refer to Haskin's "American Government.” 3. Using Bryce's "American Commonwealth," prepare a report on the Senate or the House or the Election of President or why great men are not chosen for President. 4. Referring to the table on ratio of representation by decades, find: (a) which ten-year period shows the largest growth in population; (b) the least growth in population; (c) in which period was the greatest number of people represented by one representative; (d) approximately how many times larger is the basis of representation to-day than in 1789; (e) how many times larger is the population during the same period; (f) and try to account for any periods of extraordinary increases. 5. Debate Resolved, That the method of electing our President should be changed. 6. Make a table similar to the following and fill in the information required to complete it. CHAPTER SEVEN THE JUDICIAL DEPARTMENT Supreme Court. The Supreme Court was established by the Con- The stitution, and its decision in all cases is final. It consists of one chief justice and eight associate justices who are appointed by the President for life or during good behavior. The real function of the Supreme Court is to interpret the laws. In general, the cases over which the Federal Courts have jurisdiction or the legal right to hear and decide are listed in Section 2 of Article III of the Constitution. The Supreme Court has "original jurisdiction"; i.e., the right to hear and determine a case in the first instance only when the cases are between states and those in which ambassadors, other public ministers, and consuls are parties. Most of the work, however, is in hearing cases which originate in and are appealed from the inferior courts. The Supreme Court, contrary to the common belief, does not have full power to nullify laws presumed to be unconstitutional. It can act only when the issue is submitted in a "case" where definite questions are asked disclosing a tangible infringement of the Constitution. If we consider the procedure in a Supreme Court case briefly, we find that, after arguing a case, the United States attorney-general or his representative presents a brief to the court to support his contentions that the law in question is in accordance with the Constitution. The attorneys maintaining that the law is unconstitutional after their argument also present a brief to support their contentions. These briefs may be studied by each justice or assigned to a justice who makes a study of the contentions of both sides and also determines whether any previous similar judicial decisions are applicable. When the examination of the case is completed, a conference of the judges is held. If the court is unanimous, the Chief Justice then assigns one member to prepare "the opinion of the court," which is again submitted for criticism to the other judges, and when satisfactory to the majority of the court, it is adopted as the "judgment of the court" before being officially published. If one justice agrees with the decision yet does not agree with the line of reasoning used in determining the judgment of the court, he may prepare what is termed a "concurring opinion." If the court is divided, the minority may file what is termed a "dissenting opinion." Whenever the American people seriously dislike a decision of the Supreme Court, they have recourse to a remedy in the form of an amendment to the Constitution. As a result of the decision in the case of Chisholm vs. Georgia, the Eleventh Amendment was added to the Constitution, and the Sixteenth Amendment virtually set aside a decision in Pollock vs. Farmers Loan declaring the Income Tax of 1894 unconstitutional. The Constitution gives Congress power to create Inferior courts inferior to the Supreme Court. The principal Courts. inferior courts established by Congress are: (1) Circuit Courts of Appeals. The country is divided into nine circuits, and a court called a Circuit Court established in each, with a Supreme Court Justice assigned to each, assisted by other judges specially appointed as judges of the Circuit Courts. These Circuit Courts were organized to relieve the Supreme Court, especially to hear cases appealed from lower courts. 1 (2) District Courts. Each circuit is subdivided into districts, and a court called a District Court 1 or trial court established in each. There are at present over eighty district courts and approximately one hundred and seventeen district judges. (3) Court of Claims. There is also another court, called the Court of Claims, which is entirely independent of the courts just mentioned. The United States being a sovereign power cannot be sued, and this court is established for the purpose of hearing cases arising on account of salaries, payment for supplies, and listening to the claims against the United States of persons whose property has 1The civil jurisdiction in this court, the lowest of all Federal Courts, relates chiefly to admiralty and maritime cases, cases of bankruptcy, those arising under statutes and treaties, between citizens of different states or citizens of a foreign state where the sum or value exceeds $3,000, all crimes or offenses recognized by the federal laws except those punishable by death, postal cases, suits arising under patent, copyright or trademark laws, suits against trusts and monopolies, and those brought by any person to redress the deprivation of any right, privilege, or immunity secured by the Federal Constitution or laws. been seized and used by the government. The Court of Claims reports the result of its investigations to Congress. Congress then makes such restitution to the claimants as it deems best. (4) Court of Customs Appeals. This court has jurisdiction over claims against the government arising from the administration of the tariff and customs laws. (5) Territorial and District of Columbia Courts. There is a Supreme Court of the District of Columbia, and Supreme District courts are organized in each Territory. Two AMENDMENT OF THE CONSTITUTION Realizing that the requirement of the unanimous consent of the states to amend the Articles of Confederation practically made their amendment impossible, and feeling that as the nation grew it might be desirable to make some changes in the Constitution, the framers of the Constitution made provision for such changes as follows: (1) Proposed amendments, approved by a two- |