The Supreme Court is established by Article III, Section 1 of the Constitution of the United States, which says: "The judicial Power of the United States, shall be vested in one supreme Court . . .". The size of the Court is not specified; the Constitution leaves it to Congress to set the number of justices. Under the Judiciary Act of 1789 Congress originally fixed the number of justices at six (one chief justice and five associate justices).[1] Since 1789 Congress has varied the size of the Court from six to seven, nine, ten, and back to nine justices (always including one chief justice).
When the cases in volume 278 were decided the Court comprised the following nine members:
March 2, 1925 – July 2, 1941 (Continued as chief justice)
Notable Case in 278 U.S.
Wisconsin v. Illinois
Wisconsin v. Illinois, 278 U.S. 367 (1929), also referred to as the "Chicago Sanitary District Case", is an opinion of the Supreme Court, which held that the equitable power of the United States can be used to impose positive action on one state in a situation in which non-action would result in damage to the interests of other states. The city of Chicago increasingly was diverting Great Lakes waters to carry off sewage through a long-established drainage canal, the Chicago Sanitary and Ship Canal. Illinois claimed that these increasing amounts of diverted water were necessary due to Chicago's growth. Wisconsin, however, claimed that the diversion was lowering lake levels, thereby impairing its transportation facilities and abilities. The Court decided for Wisconsin. In deciding a case between States, the authority of the Court to enjoin a continued wrong being inflicted necessarily includes the authority to require measures to be taken to end the conditions which stand in the way of the execution of the decree.
Under the Judiciary Act of 1789 the federal court structure at the time comprised District Courts, which had general trial jurisdiction; Circuit Courts, which had mixed trial and appellate (from the US District Courts) jurisdiction; and the United States Supreme Court, which had appellate jurisdiction over the federal District and Circuit courts—and for certain issues over state courts. The Supreme Court also had limited original jurisdiction (i.e., in which cases could be filed directly with the Supreme Court without first having been heard by a lower federal or state court). There were one or more federal District Courts and/or Circuit Courts in each state, territory, or other geographical region.
The Judiciary Act of 1891 created the United States Courts of Appeals and reassigned the jurisdiction of most routine appeals from the district and circuit courts to these appellate courts. The Act created nine new courts that were originally known as the "United States Circuit Courts of Appeals." The new courts had jurisdiction over most appeals of lower court decisions. The Supreme Court could review either legal issues that a court of appeals certified or decisions of court of appeals by writ of certiorari. On January 1, 1912, the effective date of the Judicial Code of 1911, the old Circuit Courts were abolished, with their remaining trial court jurisdiction transferred to the U.S. District Courts.
Bluebook citation style is used for case names, citations, and jurisdictions.
