SUPREME COURT OF THE UNITED STATES, THE. The Supreme Court of the United States is the highest judicial tribunal of that Government. A new Government in Federal form was established by the Constitution of the United States. That instrument confined the authority of the central Government to those powers specifically or impliedly delegated; and all other powers were reserved to the respective States or to the people. Thenceforth there have co-existed two separate Gov ernments, each exercising for different purposes sovereignty over the same territory. This division of sovereign power required a tribunal with authority to adjudicate controversies in the light of the Constitution. It was foreseen that the exercise of power under the respective Governments would give rise to disputes which must be settled to preserve internal peace. To settle such controversies the Supreme Court was established.
This tribunal was created and its jurisdiction defined by sec tions 1 and 2 of Article III. of the Constitution, which reads: The judicial power of the United States shall be vested in one Supreme Court, and in such inferior Courts as the Congress may from time to time ordain and establish. The Judges, both of the supreme and inferior Courts, shall hold their Offices during good Behaviour, and shall, at stated Times, receive for their Services, a Compensation, which shall not be diminished during their Continuance in Office.
The judicial Power shall extend to all Cases, in Law and Equity, arising under this Constitution, the Laws of the United States, and Treaties made, or which shall be made, under their Authority; —to all Cases affecting Ambassadors, other public Ministers and Consuls ;—to all Cases of admiralty and maritime Jurisdiction ; to Controversies to which the United States shall be a Party ;—to Controversies between two or more States ;—between a State and Citizens of another State ;—between citizens of different States ; between citizens of the same State claiming Lands under Grants of different States, and between a State, or the Citizens thereof, and foreign States, Citizens or Subjects.
In all Cases affecting Ambassadors, other public Ministers and Consuls, and those in which a State shall be Party, the Supreme Court shall have original Jurisdiction. In all the other Cases
before mentioned, the Supreme Court shall have appellate Jurisdic tion, both as to Law and Fact, with such Exceptions, and under such Regulations as the Congress shall make.
At an early day, however, the States insisted that their sover eignty be respected by denying the authority of the Supreme Court to hear any suit between a State and any individual, except possibly "Ambassadors, other public Ministers and Consuls," though it might still hear suits between different States. For this reason the original grant of jurisdiction to the Supreme Court was limited by the Eleventh Amendment, which became effective on February 7, 1795. This Amendment is as follows : The Judicial power of the United States shall not be construed to extend to any suit in law or equity, commenced or prosecuted against one of the United States by Citizens of another State or by Citizens or subjects of any Foreign State.
The jurisdiction of the Supreme Court is both original and appellate. Its original jurisdiction is limited by the Constitution to "all Cases affecting Ambassadors, other public Ministers and Consuls;—and those in which a State shall be Party." In all other cases it "shall have appellate Jurisdiction, both as to Law and Fact, with such Exceptions, and under such Regulations as the Congress shall make." It is only its original jurisdiction, that is safeguarded by the Constitution. Its appellate jurisdiction is determined by Congress, which sets up also the various Federal courts whose decisions shall be reviewed.
The first Judiciary Act was passed on September 24, 1789. This Act provided for a Supreme Court consisting of a Chief Justice and five Associate Justices; it enumerated the various inferior courts and fixed their jurisdiction; and provided for appellate jurisdiction from the State courts in certain cases presenting Fed eral questions. Subsequent Judiciary Acts steadily evidenced a tendency to decrease the obligatory jurisdiction of the Supreme Court. This is seen particularly in the Judiciary Act of 1925. This Act gives to the court a strictly limited jurisdiction and con fines its judgments to Constitutional questions and matters that are of national importance.