Federal Judiciary

To accomplish the uniform interpretation of the Constitution a Federal court system was necessary, and it was provided that the judges should be appointed by the President, "with the advice and consent of the Senate." Through the system of checks and balances the safeguarding of the Constitution is charged to the Supreme Court. However, every judge in the land is also bound, under oath or affirmation, to support it and declare void any enactment which violates its provisions. When a State court fails to fulfill this obligation "its action is reviewable and reversible by the Supreme Court of the United States." This system which makes the judges the guardians of the Constitution provides the only safeguard which has hitherto been invented against unconstitutional legislation. - Dicey. The courts keep each authority within its proper sphere, but they have the power to interfere only when a concrete case is brought before them for judicial consideration. One method of assault may be to effect in the form of the Constitution alterations which will impair the energy of the system and thus undermine what can not be directly overthrown. - Washington - Farewell Address. A Constitution may be undermined by the passing of laws which, without nominally changing its provisions, violate its principles. - Dicey. One of the exceptional features of our republican form of government is the independence of the Federal judiciary whose jurisdiction extends to all cases arising under the Constitution itself; cases arising under the Federal laws and treaties; cases affecting ambassadors, consuls, etc.; cases of admiralty and maritime jurisdiction; cases in which the United States is a party; controversies between States; cases commenced by a State against the citizens of another State; controversies between the citizens of the same State under land grants from different States; cases between American citizens and foreign states, citizens or subjects. The balance of power has been preserved. The Constitution as a whole stands unshaken with but slight encroachments of one department upon the other.