Congress Hall Cafe

Article III – the federal court

Section 2 “The judicial power shall extend to all cases…to controversies between two or more states.”

Pelatiah Webster 1787 “If controversy happens between two states, must it continue undecided, and daily increase, and be more and more aggravated, by the repeated insults and injuries of the contending parties, ’till they are ripe for the decision of the sword? Or must the weaker states suffer, without remedy, the groundless demands and oppression of their stronger neighbors, because they have no avenger, or umpire of their disputes?” 177.dc

Section 1 “The Judges, both of the supreme and inferior Courts, shall hold their Offices during good Behaviour.,,”

Holt says that the keen interest of Henry II and John in the operations of the courts of justice there lay a kingly instinct to ensure that the judgment favored the king’s friends and minister and away from those who were out of favor.  83

Note: It was an English Constitutional victory resulting from the Glorious revolution enacted in the Act of Settlement that judges were to be independent from the King and instead of serving at his pleasure would serve during good behavior.


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This entry was posted on November 4, 2013 by .
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