If differences arise, then, as to the
authority of National or State government over a given question, how are
these disputes to be settled peaceably? After a brief discussion, the
problem was answered in the Constitutional Convention by the formation
of a Federal judiciary.
Organization of the Judiciary.--The organization of the judiciary
is provided for as follows: Section 1. _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._
In 1789 Congress provided that the Supreme Court should consist of a
chief justice and five associates. Circuit and district courts were also
established. The Supreme Court at present consists of the chief justice
and eight associate justices.
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