ABSTRACT

The happy relation of States to Nation — constituting as it does central political problem —is to no small extent dependent upon the wisdom with which the scope and limits of the federal courts are determined. In common with other courts, the federal courts are means for securing justice through law. But in addition and transcending this in importance, the legislation governing the structure and function of the federal judicial system is one means of providing the accommodations necessary to the operation of a federal government. In every case controversies were adjusted by compromise rather than by exclusive acceptance of competing conceptions regarding American federalism. The Civil War marks the close of one era; the establishment of intermediate courts of appeals in 1891 is the second dividing line. In each period, the business coming before the Supreme Court is part of the story of the judicial business of the federal courts and will be treated as such.