The lack of a Federal judiciary was, as Justice Story says, "one of the
vital defects of the old confederation." Hamilton, the expounder of the
Constitution, said: "Laws are a dead letter without courts to enforce
and apply them."
The reasons why a national system of courts was necessary were in order
that there might be some power:--
1. To give to laws an interpretation that would be uniform throughout
the land. If there were thirteen independent courts, each giving Federal
decisions on the same causes arising under the same national laws, what
but confusion and contradiction could arise?
2. To settle disputes between the States and citizens of different
States.
3. To construe and interpret the Constitution itself, and decide all
disputes arising under it act of either Congress or of a State
legislature contrary to the Constitution can therefore be valid. Hence,
the necessity of some power which should have authority to determine the
constitutionality of an act when brought into question, and--
5. There should be the power of determining the constitutionality of any
act of a State legislature, and thus enforce upon State legislatures the
restrictions laid upon them, such as, for example, the inability to lay
impost duties, to pass laws violating the obligation of contracts, etc.,
or to regulate objects given exclusively to Congress. The manifest
necessity of such a power may be best stated by using Hamilton's own
words (Federalist, 30):
"What would avail restrictions on the authority of the State
legislatures without some constitutional mode of enforcing the
observance of them? The States, by the plan of the Constitution, are
prohibited from doing a variety of things, some of which are
incompatible with the interests of the Union; others with the principles
of good government.
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