The Supreme Court of the United States By David J. Brewer Associate Justice of the Supreme Court of the United States THE SUPREME COURT OF THE UNITED STATES BY DAVID J. BREWER ASSOCIATE JUSTICE OF THE SUPREME COURT OF THE UNITED STATES HE Constitution of the United States, THE that instrument which Gladstone said is the most perfect document ever struck off by the hand of man at a single time, clearly states the powers vested in the Supreme Court; but the effect which those powers were to have on the life of the republic became manifest only as they were exercised. Up to that time the judiciary was only a minor factor in the life of any nation. Even in the mother country, where alone its independence had been secured, its powers and influence were restricted by the fact that, there being no written constitution, the authority of Parliament was subject to no limitations. The sig nificance of this tribunal in a nation, the powers of all whose officials are granted and defined by a written instrument, was not fully realized. Hence it is not strange that in the early life of the republic a place on the Supreme bench was considered of minor importance, and freely abandoned or declined for positions which all now consider of much less significance. John Jay, the first chief justice, resigned his office in order to enter upon diplomatic service; and when, subsequently, it was tendered to him again, declined to accept, preferring the place of governor of the State of New York. Few cases came before the court, and most of them of no national concern. Its significance began to dawn when it was perceived that it had power to adjudge void any act of an official, or even a law passed by Congress, if found to be in conflict with the Constitution. A tribunal which, standing back of executive and legislative officials, could declare what they attempted to do to be of no effect, because in conflict with that organic instrument, was soon recognized as a factor of supreme importance in the nation. And that the Supreme Court was given this power by the Constitution was so clearly shown by Chief Justice Marshall, in his opinion in Marbury versus Madison, 1 Cranch, 137, that no one since has ever seriously challenged it. I quote a few sentences from that opinion: "The Constitution is either a superior paramount law, unchangeable by ordinary means, or it is on a level with ordinary legislative acts, and, like other acts, is alterable when the legislature shall please to alter it. "If the former part of the alternative be true, then a legislative act contrary to the Constitution is not law: if the latter part be true, then written constitu |