ABSTRACT
Congress has the power to create and monitor the federal court system. The president has the power to nominate judges and the Senate has the power to confirm them. In the American colonies, the power to constitute courts was vested in the governor and council. To assist in the handling of its original jurisdiction, the Court typically appoints special masters to study an issue and present recommendations. Federal courts, especially the Supreme Court, are constantly creating new rules that have the force of law. The goal of representation next moved to religious affiliation. With the growth of the Catholic population in America, it was no longer acceptable to have only Protestants on the Court. In the current Court, all the justices received law degrees from Ivy League schools in the Northeast. The legal profession no longer seriously argues that determining whether a statute is constitutional is a mechanical process. That kind of jurisprudence was promoted by Justice Owen Roberts.
