Publisher's Synopsis
Excerpt from The Judicial Code: Being the Judiciary Act of the Congress of the United States, Approved March 3, A. D. 1911; With an Introduction and Annotations
The language of the article is manifestly designed to be mandatory upon the legislature. Its obligatory force is so im perative that Congress could not, without a violation of its duty, have refused to carry it into operation. The judicial power of the United States shall be vested (not may be vested) in one supreme court, and in such inferior courts as Congress may, from time to time, ordain and establish. Could Congress have lawfully refused to create a supreme court, or to vest it in the constitutional jurisdiction? If, then, it is the duty of Congress to vest the judicial power of the United States, it is a duty to vest the whole judicial power. The language, if imperative as to one part, is imperative as to all. If it were otherwise, this anomaly would exist, that Congress might successively refuse to vest the jurisdiction in any one class of cases enumerated in the constitution, and thereby defeat the jurisdiction as to all; for the constitution has not singled out any class on which Congress are bound to act in preference to others.
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