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The Green Bag
against Ambassadors or other public ministers, or their domestics or domestic servants, as a court of law can have consistently with the law of nations; and
original, but not exclusive, jurisdiction of all suits brought by ambassadors, or other public ministers, or in which a consul or vice consul is a party. “The Supreme Court has power to issue writs of prohibition to district courts in admiralty cases, and writs of
mandamus in cases warranted by the principles and usages of law, to courts appointed under authority of the United States, or to persons holding office under authority of the United States, where a state or an ambassador or other public minister or consul or vice consul is a party.
the Supreme Court in the following cases: "In any case in which the jurisdiction of the court is in issue, in which case the question of jurisdiction alone shall be certified to the Supreme Court for deci sion; "From the final sentences and decrees in prize cases; "In any case that involves the con struction or application of the Consti tution of the United States;
"In any case in which the constitu tionality of any law of the United States, or the validity or construction of any treaty made under its authority is drawn
in question; “And in any case in which the Consti tution or law of a state is claimed to be
“The Supreme Court has authority to review on writ of error the final judg ment or decree in any suit in the highest court of a state in which a decision in
in contravention of the Constitution of the United States.
the suit could be had, where is drawn
court may certify to the Supreme Court questions of law upon which it desires
in question the validity of a treaty or
“In cases within the appellate juris diction of a circuit court of appeals, that
state, on the ground of their being
instruction, and, in any case, civil or criminal, in which the jurisdiction of a circuit court of appeals is made final, the Supreme Court may, by certiorari or otherwise, cause the case to be certified to it for review. In any case where the
repugnant to the Constitution, treaties
judgment of a circuit court of appeals
statute or an authority exercised under the United States, and the decision is
against their validity; or where is drawn in question the validity of a statute of, or an authority exercised under any
or laws of the United States, and the
is not made final, there is a right of
decision is in favor of their validity; or where any title, right, privilege or im munity is claimed under the Constitu
appeal to the Supreme Court where the
tion, or any treaty or statute of, or commission held or authority exercised
under the United States and the deci sion is against such right. The Supreme Court may reverse, modify or aflirm the
judgment or decree, and may at their discretion award execution or remand the same to the court from which the
matter in controversy exceeds one thou
sand dollars." “It augurs well for the future that we
have at present in our national legisla ture some members who are willing to devote their time to the orderly arrange ment and unification of the statute law. Excepting, however, the abolition of the Circuit Court, the code cannot be said
to include any radical departures from
case was removed.
the existing system.
“Appeals and writs of error may be taken from a District Court direct to
and equity is still the equity of Lord Eldon's day.
Law is still law;
It would be unjust to the
