ambassadors, other public ministers and consuls,
and those in which a state shall be a party, the Supreme Court shall have
original jurisdiction.[1] In all the other cases before mentioned, the
Supreme Court shall have appellate jurisdiction,[2] both as to law and
fact, with such exceptions and under such regulations as the congress
shall make.[3]_
[1] That is, such a suit must _commence_ in the Supreme Court, and so
cannot be tried elsewhere.
[2] That is, the action must commence in some lower court, but it may be
appealed to the Supreme Court.
The U.S. District Court has jurisdiction over crimes committed on the high
seas, and over admiralty cases in general; over crimes cognizable by the
authority of the United States (not capital) committed within the
district, and over cases in bankruptcy.
The U.S. Circuit Court has original jurisdiction in civil suits involving
$2000 or more, over equity cases, and over cases arising under patent and
copyright laws.
[3] To relieve the Supreme Court, which was years behind with its work,
congress recently provided for a U.S. Circuit Court of Appeals in each of
the nine circuits, which has final appellate jurisdiction in nearly all
cases except those involving the constitutionality of a law.
_Clause_ 3.--_The Trial of Crimes._
_The trial of all crimes, except in cases of impeachment, shall be by
jury,[1] and such trial shall be held in the state where said crimes shall
have been committed;[4] but when not committed within any state,[3] the
trial shall be at such place or places as congress may by law have
directed.[4]_
[1] A trial by jury is a trial by twelve men impartially selected. This is
regarded as one of the great bulwarks of liberty.
Civil cases may, at the desire of both parties, be tried by the court
only. But for criminal trials a jury is guaranteed by this provision. In a
criminal trial, the state or the nation is the prosecutor, and state or
national judges _might_ be tempted to decide unjustly, if the matter were
left to them.
[2] This leaves the accused in better condition to defend himself, than if
he could be taken away far from home. He is thus able at the least expense
to bring witnesses in his own behalf. In harmony with this, each state has
at least one U. S. District Court for the trial of crimes against the
general government. (See Declaration of Independence.)
This provision is probably binding also upon the states.
[3] That is, in
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