The Stuart King James had judges riding into the countryside once a year to hear cases, saving many of his subjects the arduous journey to London. The custom carried “across the pond” and, from the earliest days of the American colonies, judges could be found “riding the circuit”.
Article III of the United States Constitution establishes the judiciary as a coequal branch of the federal government, “vested in one supreme Court, and in such inferior Courts as the Congress may from time to time ordain and establish”. That’s about it.
Congress passed the Federal Judiciary Act in 1789, creating a six justice Supreme Court, and signed into law by President George Washington on September 24. Principally written by Senator Oliver Ellsworth of Connecticut, the act established the office of Attorney General, and largely laid out the Federal court system, as it exists today.
United States Circuit courts were established in each federal judicial district, exercising jurisdiction over both original (first instance) matters and appeals, until the creation of the Federal Court of Appeals, in 1912.

Supreme Court justices were not exempt from Circuit court duty, each justice “riding the circuit” to hear cases in his own district, in addition to his caseload, back at the capital.
Smaller districts may occupy a single federal courthouse, while larger districts stretch across thousands of miles. This duty became increasingly onerous, until finally abolished by the Judiciary Act of 1891. Yet, the vestiges of this system remain. Today, each justice hears certain provisional appeals from specific circuits, which he or she may decide unilaterally, or refer “en banc” to the entire Court.
Increasing caseloads led Congress to increase the number of judicial districts to seven in 1807, and nine in 1837, finally raising that to ten during the Civil War. With each new district, came another justice.
In one of the political skirmishes leading to President Andrew Johnson’s impeachment in 1868, Congress passed the Judicial Circuits Act in 1866, shrinking the number of justices to seven, thus preventing Johnson from appointing any new justices.
Congress raised the number to nine circuits with nine justices on April 10, 1869. Today there are eleven federal judicial districts, while the number of justices remain at nine.
In 1937, President Franklin Delano Roosevelt sought to increase the number of justices to 15. Then as now, the court was sharply divided along ideological lines, consisting of a four member conservative majority called the “four horsemen”, three liberals dubbed the “three musketeers” and two “swing votes”.
The conservative bloc became a roadblock to President Roosevelt’s New Deal programs, preferring the federal government take a hands off approach to the economy.
Buoyed by his landslide reelection in 1936, Roosevelt proposed to provide retirement at full pay for all justices over 70. Any justice refusing retirement would be provided with an “assistant” with full voting rights, providing Roosevelt with an overwhelming liberal majority.
Not even vice president John Nance Garner would go along with Roosevelt’s aggressive and illegal “court packing scheme”, nor would a democrat-controlled congress. Yet Roosevelt’s effort had the desired result, as former swing vote Owen Roberts became a reliable vote for the liberal minority. By the time of his death 1945, Roosevelt had appointed every justice on the court, except Roberts himself.
There have been fewer justices in Supreme Court history than you might think. The recent passing of Antonin Scalia made way for only number 113.
A proponent of “Judicial Originalism”, justice Scalia and his conservative allies on the court seek to decide on the constitutionality of the laws before them, based on what the framers of the constitution intended when they actually wrote the thing. In contrast, the liberal majority believes in a “living constitution”, a form of jurisprudence whose supporters believe the Constitution is a document which adapts to the times. Detractors believe that amounts to law-making from the bench, a job more properly left the legislature.
With the ideological makeup of the Supreme Court hanging in the balance, President Obama and his allies pulled out all the stops to get his nominee confirmed and seated before the end of his presidency. The Republican controlled Senate invoked the “Biden Rule”, as described in the former Vice President’s 1992 speech on the Senate floor: “It would be our pragmatic conclusion that once the political season is underway, and it is, action on a Supreme Court nomination must be put off until after the election campaign is over.”
Barack Obama himself tried to block the confirmation of Samuel Alito in 2006, saying
“There are some who believe that the president, having won the election, should have complete authority to appoint his nominee, that once you get beyond intellect and personal character, there should be no further question as to whether the judge should be confirmed. I disagree with this view”. The filibuster was joined by Senators Kennedy, Leahy, Durbin, Salazar, and Baucus.
In 2007, now-Senate minority leader Chuck Schumer said “We should not confirm any Bush nominee to the Supreme Court, except in extraordinary circumstances”. That was 19 months before the next presidential inauguration.
The resulting conflict is great fodder for the bicker fest that passes for our national politics, from the legacy media and the talking heads of the punditocracy, to the endless and meaningless cage matches over the rhetorical anthills of Facebook.
Senator Schumer once said, “We have three branches of government. We have a house, we have a senate, we have a president.” He got that wrong, but he was part right. We have three co-equal branches in our government, each having specific responsibilities as laid out in the Constitution.
The “advice and consent” clause contained in Article II grants the President authority to appoint judges to the Supreme Court, “by and with the Advice and Consent of the Senate.” The Senate, for its part, will do what the Senate will do.
Later today, Justice David Kennedy will administer the oath of office to his former law clerk, judge Neil Gorsuch. The 113th justice of the United States Supreme Court, and the first in history to serve alongside the justice for whom he once clerked.


losing its National League team to Washington, DC. Only moments before, Padres’ President Buzzie Bavasi had to leave Kroc’s side to investigate concession area water in the clubhouse, when a leak was “promoted” to a flood.
Buzzie Bavasi did the most to defuse the situation. Taking a cue from Rader’s comments, Bavasi designated the next game in the Houston series “Short Order Cook’s Night”. Any Padres fan who came wearing a chef’s hat, would be admitted into the game for free. Rader, the Astro’s team captain, took the lineup card to home plate wearing an apron with a chef’s hat, slipping the card off a skillet with a spatula and handing it over to the home plate umpire, like a pancake.







Portable stills went on sale within a week, and organized smuggling was quick to follow. California grape growers increased acreage by over 700% over the first five years, selling dry blocks of grapes as “bricks of rhine” or “blocks of port”. The mayor of New York City sent instructions on wine making, to his constituents.
Gaining convictions for breaking a law that everyone hated became increasingly difficult. There were over 7,000 prohibition related arrests in New York alone between 1921 and 1923. Only 27 resulted in convictions.
“Dry” leaders tried to prohibit consumption of alcohol on military bases in 1941, but military authorities claimed it was good for morale. Brewers were required to allocate 15% of total annual production to be used by the armed forces. So essential were beer manufacturers to the war effort, that teamsters were ordered to end a labor strike against Minneapolis breweries. Near the end of WWII, the army made plans to operate recaptured French breweries, to ensure adequate supplies for the troops.
18 states continued prohibition at the state level after the national repeal, the last state finally dropping it in 1966. Almost 2/3rds of all states adopted some form of local option, enabling residents of political subdivisions to vote for or against local prohibition. Some counties remain dry to this day. Ironically, Lynchburg County, Tennessee, home to the Jack Daniel distillery, is one such dry county.
In the early days of WWI, Imperial Germany attempted to comply with standards of maritime warfare, as established by the Hague Conventions of 1899 and 1907.
The “Zimmermann Telegram” was intercepted and decoded by British intelligence and revealed to the American government on February 24. The contents of the message outraged American public opinion and helped generate support for the United States’ declaration of war.

Paul Revere’s famous “midnight ride” began on the night of April 18, 1775. Revere was one of two riders, soon joined by a third, fanning out from Boston to warn of an oncoming column of “regulars”, come to destroy the stockpile of gunpowder, ammunition, and cannon in Concord.
Patriot Colonel Joseph Cooke’s small Danbury garrison was caught and quickly overpowered on the 26th, trying to remove food supplies, uniforms, and equipment. Facing little if any opposition, Tryon’s forces went on a bender, burning homes, farms and storehouses. Thousands of barrels of pork, beef, and flour were destroyed, along with 5,000 pairs of shoes, 2,000 bushels of grain, and 1,600 tents.




By the last year of WW1, the French, British and Belgians had at least 20,000 dogs on the battlefield, the Germans 30,000. General Headquarters of the American Expeditionary Forces recommended the use of dogs as sentries, messengers and draft animals in the spring of 1918. However, with the exception of a few sled dogs in Alaska, the US was the only country to take part in World War I with virtually no service dogs in its military.
Stubby saw his first action at Chemin des Dames. Since the boom of artillery fire didn’t faze him, he learned to follow the men’s example of ducking when the big ones came close. It became a great game to see who could hit the dugout, first. After a few days, the guys were watching him for a signal. Stubby was always the first to hear incoming fire. We can only guess how many lives were spared by his early warning.
The fifteenth child of Josiah and Abiah Franklin was born in a little house on Milk Street, across from the Old South Church, in Boston.
James Franklin and his literary friends loved the letters, and published every one. All of Boston was charmed with Silence Dogood’s subtle mockery of the city’s Old School Puritan elite. Proposals of marriage came into the print shop, when the widow Dogood coyly suggested that she would welcome suitors.
All of Boston was amused by the hoax, but not James. He was furious with his little brother, who soon broke the terms of his apprenticeship and fled to Pennsylvania.
Franklin’s diplomacy to the Court of Versailles was every bit as important to the success of the Revolution, as the Generalship of the Father of the Republic, George Washington. Signatory to both the Declaration of Independence and the Constitution, it is arguably Ben Franklin who broke the impasse of the Convention of 1787, paving the way for ratification of the United States Constitution.
April Fools. The ancient Roman festival of Hilaria, held on March 25, may be a precursor. The Medieval Feast of Fools, held December 28, is still a day on which pranks are played in Spanish-speaking countries.
Animals were kept at the Tower of London since the 13th century, when Emperor Frederic II sent three leopards to King Henry III. In later years, elephants, lions, even a polar bear were added to the collection, the polar bear trained to catch fish in the Thames.
In 1957, (you can guess the date), the BBC reported the delightful news that mild winter weather had virtually eradicated the dread spaghetti weevil of Switzerland, and that Swiss farmers were now happily anticipating a bumper crop of spaghetti. Footage showed smiling Swiss peasants, pulling strands of spaghetti down from trees. Apparently, an embarrassingly large number of viewers were fooled. Many called BBC offices, asking how to grow their own spaghetti tree. “Place a piece of spaghetti in a tin of tomato sauce”, callers were told, “and hope for the best.”
eyewear at a revolutionary price, while leading the way for socially conscious businesses”. On April 1, 2012, the company released its new line of eyeglasses for dogs, appropriately called “Warby Barker”. For only $95, your hipster pooch could be sporting the latest styles in canine eyeware, in irresistible dog treat shades like “Gravy Burst” and “Dusty Bacon.” There was a monocle option too, for those partial to that Prussian Field Marshall look. Anyone falling for the gag, got an “April Fools!” message on their on-line shopping cart.
Melvin attended a year at Brooklyn College before being drafted into the Army, in WWII. After attending Army Specialized Training at VMI, Corporal Kaminsky joined the 1104th Combat Engineers Battalion, 78th Infantry Division in the European theater. There, he served through the end of the war. Most of his work was in finding and defusing explosives, though on five occasions his unit had to drop their tools and fight as Infantry.
German soldiers singing a beer hall song, from the other side. Kaminsky grabbed a bullhorn and serenaded the Germans back, singing them an old tune that Al Jolson used to perform in black face, “Toot Toot Tootsie, Goodbye”. Polite applause could be heard from across the river, afterward. I can’t imagine many Allied soldiers ever tried to serenade their Nazi adversaries during World War II. The ones who actually pulled it off must number, precisely, one.

Marvin Hamlisch, Jonathan Tunick, Mike Nichols, Whoopi Goldberg, Scott Rudin, and Robert Lopez. As of this date, Brooks only needs another Oscar to be the first “Double EGOT” in history.
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