SUPREME COURT OF THE UNITED STATES, THE. The Supreme Court of the United States is the head of the national ju diciary. In our system of government there are three eoiirdinate departments—executive, legis lative, and judicial. The latter is the last named in the national Constitution, was the last brought into being, but is by no means the least important. The existence of the Supreme Court is authorized by the Constitution. Section 1 of Article III. provides that "the judicial power of the United States shall be vested in one supremo court, and in such inferior courts as the Congress may from time to time ordain and establish." The Supreme Court is thus a constitutional court, while the other courts of the United States are statutory. Though the Constitution provides for a Supreme Court, it leaves its or ganization and membership for Congressional supervision. The first act in respect thereto was passed at the first session of the United States Congress, approved by Washington on September 24, 1789, and directed that the court should consist of a Chief Justice and five asso ciate justices, any four of whom should make a quorum. This act not only made provision for the Supreme Court, but created the inferior courts of the United States and organized its entire judicial system. It was drafted by Oliver Ellsworth, afterwards a Chief Justice of the United States. It has remained in its main fea tures unchanged, and one of Ellsworth's ad mirers has declared that the Federal judicial system. "the whole edifice, organization, jurisdic tion, and process, was built by him as it now stands." The Constitution in Section 2 of Article III. declares that "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 ambassa dors, other public ministers, and consuls: to all eases of admiralty and maritime jurisdiction; to controversies to which the United States shall be a party; to controversies between two ur more States; between a State and citizens of another State; between citizens of different States; be tween 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." And also that "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 men tioned, the Supreme Court shall have appellate• jurisdiction, both as to law and fact, with such exceptions and under such regulations as the Congress shall make." The original jurisdic tion, being conferred by the Constitution, cannot be taken away by Congress, although that body may prescribe the procedure by which that juris diction is to be exercised; but in respect to the appellate jurisdiction both the procedure and its extent are matters of Congressional determina tion, and Congress has from time to time made changes in each.
The appellate jurisdiction may be separated into two divisions: one over State courts; the other over the inferior Federal courts. With respect to the former it reviews the final judg ment rendered in any case by the highest court of the State to which the case under State prac tice can be carried, and this irrespective of the amount in controversy. With respect to the lat ter, up to 1891 it had, speaking generally, juris diction to review the proceedings in any case which haul passed to final judgment in such in ferior courts, with a limitation in seine classes of cases to a certain amount in controversy. By the act of that year (1891) courts of appeal were established, one in each circuit, and were given final jurisdiction in certain cases, such as revenue, admiralty, patent cases, etc. But the Supreme Court may still by certiorari, if it sees fit, bring any of these cases from a court of appeals before it for review. This act did away with the limitation as to the amount in contro versy requisite for review by the Supreme Court. In addition the Supreme Court is given power to issue writs of prohibition and all other writs which may be necessary for the exercise of its jurisdiction and agreeable to the principles and usages of law. So that it may be said that the Supreme Court has complete supervision and control over all the inferior courts of the United States.