[Democracy In America Volume 1 (of 2) by Alexis de Toqueville]@TWC D-Link bookDemocracy In America Volume 1 (of 2) CHAPTER VIII: The Federal Constitution--Part III 11/24
*d It was easy to proclaim the principle of a Federal judiciary, but difficulties multiplied when the extent of its jurisdiction was to be determined. [Footnote d: The Union was divided into districts, in each of which a resident Federal judge was appointed, and the court in which he presided was termed a "District Court." Each of the judges of the Supreme Court annually visits a certain portion of the Republic, in order to try the most important causes upon the spot; the court presided over by this magistrate is styled a "Circuit Court." Lastly, all the most serious cases of litigation are brought before the Supreme Court, which holds a solemn session once a year, at which all the judges of the Circuit Courts must attend.
The jury was introduced into the Federal Courts in the same manner, and in the same cases, as into the courts of the States. It will be observed that no analogy exists between the Supreme Court of the United States and the French Cour de Cassation, since the latter only hears appeals on questions of law.
The Supreme Court decides upon the evidence of the fact as well as upon the law of the case, whereas the Cour de Cassation does not pronounce a decision of its own, but refers the cause to the arbitration of another tribunal.
See the law of September 24, 1789, "Laws of the United States," by Story, vol.i.
p. 53.] Means Of Determining The Jurisdiction Of The Federal Courts Difficulty of determining the jurisdiction of separate courts of justice in confederations--The courts of the Union obtained the right of fixing their own jurisdiction--In what respect this rule attacks the portion of sovereignty reserved to the several States--The sovereignty of these States restricted by the laws, and the interpretation of the laws--Consequently, the danger of the several States is more apparent than real. As the Constitution of the United States recognized two distinct powers in presence of each other, represented in a judicial point of view by two distinct classes of courts of justice, the utmost care which could be taken in defining their separate jurisdictions would have been insufficient to prevent frequent collisions between those tribunals.
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