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history of courts by kailash raip pdf download (Get the PDF version) The Supreme Court is the highest court in the United States. The Constitution assigns it with judicial review, which is the power to declare laws made by Congress or by state legislatures as unconstitutional. It interprets federal law and settles disputes between states with complications like overlapping boundaries. It also has original jurisdiction over cases involving ambassadors and other diplomatic personnel, cases arising under international treaties (the only U.S. court that can do this), and cases involving foreign governments that are given immunity from lawsuits in U.S. courts (e.g., diplomats). The Supreme Court is one of the most famous court in the world. The first Supreme Court was founded in 1789, comprising only a part of the judicial system of the Confederation. James Monroe, then Secretary of State and later President, proposed that a militia court with full authority to try even martial law cases be created in 1788. The proposal was considered by George Washington and James Madison, who believed that such a militia court might become too powerful and "persuade" state legislatures to add the federal judiciary to their own. They wrote: "It seems to us injudicious ... [that] this [constitutional] provision [should] be so little observed as at present. It is political in its tendency, and dangerous ... [to] give to any other authority in the union this right of judging of causes to which the United States are parties." Madison noted that the federal judiciary needed "to hold its place, or be dismissed." Madison was not alone in fearing that the Supreme Court would grow too powerful. Alexander Hamilton feared that "[t]his court will not be a natural branch of the government ... It will form an independent body ... It is to be feared this court will never seek to control or direct legislation". Thomas Jefferson wrote "that if this Court should become too powerful, I dread more its oppressions than its benefits. We have a traditional mistrust of all bodies of long continuance, and this one has already lasted too long". The Founding Fathers wanted the Court to be stronger than Congress, but weaker than the president. They believed that its workload would prevent it from becoming too powerful. In 1789, George Washington was concerned about the size of the judiciary, as expressed by Thomas Jefferson. Washington wrote: "In regard to the proposed increase of judges ... I approve ... [it] will enable those who are to decide controversies involving national rights and large amounts of property to render justice without being obliged to have recourse by a second application for other judges to assist them. ... This will save much labor and time." The Supreme Court held its inaugural session on February 2, 1790, at the Royal Exchange in New York. The first case it heard was "Georgia v. Brailsford", an appeal from the Georgia Superior Court of Judicature to review a case in which Georgia had issued to Robert Brailsford a certificate for land in fee simple. However, it took six years before the Court would hear its second case ("Fletcher v. Peck"). In the intervening years, only three justices (John Blair Jr., John Rutledge and William Cushing) sat on cases (which were decided by Blair alone). cfa1e77820
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