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tion of a treaty after it has been negotiated by the President.

Treaties duly made are part of the supreme law of the land." They rank equally with Federal statutes and take precedence over State statutes," at least in cases where the State itself is not a party. Treaties may be made with Indian tribes.48

SECTION 54. RELATION OF THE PRESIDENT TO THE LEGISLATIVE AND JUDICIAL DEPARTMENTS.

The President has the right to use his discretion in the discharge of the powers and duties conferred upon him by the Constitution, subject only to the liability to impeachment for a gross abuse of such powers. The President's use of his discretionary powers is not subject to the review of the courts. It seems to be doubtful if the writ of mandamus can be used against him to compel the performance even of a mere ministerial act; and it certainly can not be used to compel the performance of any act in the slightest degree discretionary.19

The President, in addition to his executive functions, is also in effect made a third branch of the legislative department by the veto power which the Constitution gives to him.

The veto power is the President's defensive weapon against legislative encroachment. When, indeed, a President like Johnson finds two-thirds of both branches of Congress arrayed solidly against him, he becomes powerless, but in ordinary times a President can almost always carry with him more than one-third of one 46 United States Constitution, Arti

VI, Clause 2.

"Hauenstein vs. Lynham, 100 U. S., 483.

48 Holden vs. Jay, 17 Wallace, 211. 49 Mississippi vs. Johnson, 4 Wallace, 475; see also Marbury vs. Madison, 1 Cranch, 137.

branch or the other of Congress, and Presidential vetos have been very seldom reversed by Congress, this being done for the first time in 1845.

Nearly one-third of the Presidents never used the veto power at all; during the first twenty years after the inauguration of Washington, the veto power was only used twice (both times by Washington), during the second twenty years, only seven times.

CHAPTER V.

THE JUDICIAL DEPARTMENT.

SECTION 55. COURTS OF THE UNITED STATES.

The United States Constitution provides for the establishment of a strong national judiciary with extensive powers. The third article of the Constitution is devoted to the judicial department. The first section provides for the establishment of the courts, and is as follows: "The judicial power of the United States shall be vested in one Supreme Court, and in such inferior courts as the Congress may from time to time ordain and establish. The judges, both of the Supreme and inferior courts, shall hold their offices during good behavior, and shall, at stated times, receive for their services a compensation which shall not be diminished during their continuance in office." A distinction is to be noticed between the provision for the Supreme Court and that for the inferior courts of the United States; the former was created directly by the Constitution, while the establishment of the latter was made optional with Congress. The number and character of the inferior courts, if any were established, were left to Congress to determine.1 Congress is given the power to determine the number of Supreme Court judges. The Judges of the Supreme Court have the right, in virtue of their office, to sit in the inferior courts of the United States, each Supreme Court judge being assigned to one of the nine judicial circuits.2

1 United States vs. Union Pacific

R. R., 98 U. S., 569.

Stuart vs. Laird, 1 Cranch, 299.

At the present time there are three different grades of regular inferior United States courts, viz.: District Courts, Circuit Courts, and Circuit Courts of Appeal. The two former were first established by the Judiciary Act of 1789, and the third by the Act of 1891. There are about seventy-five judicial districts in the United States, each with a District Court and a District Judge. These districts are grouped into nine circuits, in each of which there is a Circuit Court and a Circuit Court of Appeals. Each judge of the Supreme Court is assigned to one of these circuits, and is required to attend a term of the circuit court in each district of the circuit at least once every two years. There are at least two circuit judges in each circuit. By various special acts the number of judges in the first, third, fifth, sixth, and ninth circuits have been increased to three, and in the second, seventh and eighth circuits to four. Circuit courts can be held by the Circuit Justice, or by the Circuit Judge of the circuit, or by the District Judge of the district sitting alone, or by any two of the said

The fo owing States each comprise more than one districtAlabama, Arkansas, California, Florida, Georgia, Illinois, Iowa, Louisiana, Michigan, Mississippi, Missouri, New York, North Carolina, Ohio, Pennsylvania, South Carolina, Tennessee, Texas, Virginia and Wisconsin.

The different States and territories are assigned to the different circuits as follows:

First. Rhode Island, Massachusetts, New Hampshire, and Maine.

Second. Vermont, Connecticut
and New York.

Third. Pennsylvania, New Jer-
sey and Delaware.
Fourth.

Maryland, Virginia, West Virginia, North Carolina, and South Carolina.

5

Fifth. Georgia, Florida, Ala-
bama, Mississippi, Louisiana,
and Texas.

Sixth. Ohio, Michigan, Ken-
tucky, and Tennessee.
Seventh. Indiana, Illinois, and
Wisconsin.

Eighth. Colorado, Nebraska,
Minnesota, Iowa, Missouri, Kan-
sas, Arkansas, North Dakota,
South Dakota, Utah, Wyoming,
New Mexico and Oklahoma.
Ninth. California, Oregon, Ne-
vada, Idaho, Washington, Mon-
tana, Alaska and Arizona.
Rev. States, §604.

Rev. Stats., §604.

Rev. Stats., §610.

Rev. Stats., §607 and Act of
March 3, 1891, Ch. 571.

See 24 U. S. Stats. 492; 30 U. S.
Stats.; 28 U. S. Stats., §643;
28 U. S. Stats., §115; 28 U. S.
Stats., §665 and other Acts.

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