5.2c Legislative and Special Courts
Since the Supreme Court, the circuit courts of appeals and the district courts are created under authority of Article III of the Constitution, they are known as "constitutional courts." The judges of these courts can hold office while maintaining a desirable conduct and are empowered to exercise only judicial functions. The "legislative courts" were established under the legislative power of the Congress in Article I. The Judges of these courts were appointed without life tenure in the territories.
Among the prominent special courts were the court of claims, the Customs Court, the Court of Customs and Patent Appeals and Territorial Courts. These courts are partly judicial and partly administrative tribunals that merge the subject matter of widely distinct fields.
5.2d The Supreme Court
At the apex of the federal judicial system is the Supreme Court. It is housed in an imposing marble structure towards the east of the national capital. It enjoys great prestige and has exercised great influence in the conduct of public affairs in America. Its decisions constitute the highest law of the land.
The Supreme Court hears cases involving both appellate and
original jurisdiction. The Supreme Court’s original jurisdiction
deals with cases affecting ambassadors, other public minister and
consuls, and also those involving the states. However most cases
coming before the Supreme Court are cases of appeal from the inferior
federal courts or from the highest state courts. As the Supreme
Court is regarded as the guardian of the Constitution and of national
supremacy, it also deals with cases in which the statutes are in
conflict with the Constitution.
5.2e Appointment of Federal Judges
The Constitution makes provisions for the Supreme Court judges to be appointed by the President with the advice and consent of the Senate. It also provides that "the judges, both of the Supreme and inferior courts, shall hold their offices during good behavior, and shall, at stated times, receive for their services a compensation which shall not be diminished during their continuance in office."
Although the American Bar Association which is the national organization of attorneys grades potential candidates for the federal bench, the President does not necessarily have to take their advice. The final nomination of federal judges is verified by a majority vote of the Senate. Men of high prestige and outstanding ability, possessing integrity, soundness of judgment and knowledge of law are considered eligible for the posts. The judges can be removed from office by the Congress through the process of impeachment. During their tenure, these judges are expected to reside within the geographical area of the courts.
Exhibit 5.2
John Marshall
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