Questions & Answers

#JUD241 What kind of cases are tried in the Courts of the United States? A case must be tried in federal court when there is a dispute concerning the true United States constitutionality of a lower courts decision.
#JUD242 Are there other cases to be tried in the Courts of the United States? All cases under the federal laws of the United States. A federal court cannot adjudicate a case of state law unless that law itself or the application thereof is itself being challenged as contrary to...
#JUD243 Any others? Yes, all which depend upon treaties between the United States and other nations. All in which Ambassadors or other public Ministers, or Consuls, sent to the United States by other governments, are par...
#JUD244 What other cases are tried in the Courts? All disputes in which the United States is a party; all disputes between one State and another State; all in which one of the States files suit against any person that is the citizen of another State;...
#JUD245 Must all cases of these several kinds be filed in one of the inferior courts of the United States first, or may any of them be commenced at once in the Supreme Court? All cases which have to do with ambassadors, public ministers, and consuls; and all those in which one of the States is a party, may be filed directly to the Supreme Court; the others, after being aju...
#JUD246 How are the Judges of the Courts of the United States appointed? By the President, with the advice and consent of the Senate.
#JUD247 How long do they remain in office? A federal presidential judicial appointment is for life or until the justice resigns or is removed by due process for some form of corruption.
#JUD248 Why are not Judges elected from time to time, like Members of the House of Representatives and Senators? And why may they not be removed from their offices unless they are proved to be guilty of great offenses? If Judges held their benches at the mere good pleasure of the people, they would be greatly tempted to act in a partial and improper manner in order to please those who elected them to office, and to...
#JUD249 Why should not Legislators hold their office in the same way? Because they make the laws, while Judges only explain and apply them; it would be very dangerous to liberty to give our law makers power for life; they require restraint lest they should become our ty...
#JUD250 How do the Courts determine when laws have been disobeyed and determine their punishment? When a person is charged with having acted illegally to his neighbor, or to the State, whether he is guilty of the charge or not is determined a citizen Jury of his peers.
#JUD251 What is a Jury? A jury is a company of citizens, chosen by lot, and who have no personal interest in the matter, who hear both the evidence brought against the accused, and that for his defense, who through deliberat...
#JUD252 Is this a wise regulation. Certainly. The trial by jury is a most precious privilege as it secures to every man a fair hearing, and is the best safe-guard of his liberty, property and life; all which might be taken from him by...
#JUD253 Does a Jury decide in civil suits as well as in criminal prosecutions? Depending on the case, a jury can decide in both.
#JUD254 May an accused person be tried in a different State from that where the criminal act was committed? No.
#JUD255 Suppose the act was committed at sea, or in some other place not within any one of the States, her territories or possessions. Where is such a trial held? Where Congress shall have appointed by law.
#JUD256 Ought all the public acts of a State and its courts and officers be recorded in writing? Certainly; this must be done in order to preserve a remembrance of them and for those affected to show proof of them and if injured, to obtain redress.
#JUD257 When such a record is made in one of the states, and a copy of it duly proved and given, must that record be received as proof by all the other States? Yes, but Congress may determine by law in what manner the record shall be proved for that purpose.
#JUD258 When a citizen of one state travels to any other state of the Union, may he be treated as if he were a foreigner? That is, may any difference be made between his privileges and those of the citizens of that state? No. He shall enjoy every privilege enjoyed by the citizens of that state.
#JUD259 If a person charged with a crime in one State, shall flee from justice into the bounds of another State is he safe from pursuit and trial? No. If the Governor of the State where the crime was committed applies to the Governor of the State where he has taken refuge, the latter shall cause him to be delivered to the state in which the offe...
#JUD260 How many States were there which revolted from Great Britain at the Revolution? Thirteen.
#JUD261 Did they all agree to the Federal Constitution at the time it went into operation? Not all, but the rest came in soon after.
#JUD262 Was it then expected that other future States would be formed and join the Union? Yes, and provision was made for admitting them.
#JUD263 By whom were they to be admitted? By Congress.
#JUD264 Is their number limited? No.
#JUD265 Has any State the right to set up a monarchical form of government for itself, that is a government where the supreme power is in the hands of a king? No. At the time of our nation's founding the colonies were all individual republics. The new government they formed for the union of these republics was itself a representative republican model, which...
#JUD266 Who is to see that this state of affairs is maintained? The Congress.
#JUD267 Does Congress secure any privilege to the different States? Yes. It must protect them from attack or invasion by a foreign enemy. This is one of the most important benefits of our Union; each State has the protection of the whole.
#JUD268 The majority of the people of any State may by due process certainly alter its laws, provided they do not violate the Constitution; but may the Constitution itself be altered? Yes. The Constitution being nothing more than an expression of the will of the people of the United States, is at all times within their own power, and they may change it as they see fit, but it ought...
#JUD269 How is an amendment to the Constitution shown to be the will of the people? When two thirds (a super majority) of the members of both the Senate and the House of Representatives shall agree by a vote that an alteration would be proper, they may state such an alteration and pr...
#JUD270 What is the supreme law of the United States? The Constitution itself is supreme; and all laws and treaties made by Congress and the President, in conformity with it, are superior to any law made by one of the States, so that if a law of a State...

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