Page:Joseph Story, Commentaries on the Constitution of the United States (1st ed, 1833, vol III).djvu/580

From Wikisource
Jump to navigation Jump to search
This page has been proofread, but needs to be validated.
572
CONSTITUTION OF THE U. STATES.
[BOOK III.
§ 1695. We have now finished our review of the classes of cases, to which the judicial power of the United States extends. The next inquiry naturally presented is, in what mode it is to be exercised, and in what courts it is to be vested. The succeeding clause of the constitution answers this inquiry. It is in the following words.
In all cases affecting ambassadors, other public ministers, and consuls, and those, in which a state shall be a party, the Supreme Court shall have original jurisdiction. In all the other cases before mentioned, 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.[1]
§ 1696. The first remark arising out of this clause is, that, as the judicial power of the United States extends to all the cases enumerated in the constitution, it may extend to all such cases in any form, in which judicial power may be exercised. It may, therefore, extend to them in the shape of original, or appellate jurisdiction, or both; for there is nothing in the nature of the cases, which binds to the exercise of the one in
  1. ↑ In the first draft of the constitution, the words stood thus. "In cases of impeachment, cases affecting ambassadors, other public ministers, and consuls, and those, in which a state shall be a party, this jurisdiction (of the Supreme Court) shall be original. In all other cases before mentioned, it shall be appellate, with such exceptions and under such regulations, as the legislature may make. The legislature may assign any part of the jurisdiction above mentioned, (except the trial of the president of the United States) in the manner and under the limitations, which it shall think proper, to such inferior courts, as it shall constitute from time to time." It was varied to its present form by successive votes, in which there was some difference of opinion. Journal of Convention, p. 226, 227, 299, 300, 301.
Retrieved from "https://en.wikisource.org/w/index.php?title=Page:Joseph_Story,_Commentaries_on_the_Constitution_of_the_United_States_(1st_ed,_1833,_vol_III).djvu/580&oldid=13288851"