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Supreme Court — Part 16
Page 109
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A PROPOSAL FOR A UNITED STATES APPELLATE COURT
k BY CONSTITUTIONAL AMENUMENT
-1oou, There is hereby established the United States Appellate Court and it shall have
:2 «exclusive appellate jurisdiction over ail of the courts which have been, and which may
3 be, established by the Congress az:d in all matters coming up from the State courts,
“Such appellate jurisdiction shall extend to both law and tact and to all cases to which
the judicial power of the United States extends or shall hereafter extend; except that
the powers of the Supreme Court in those cases in which it has original jurisdiction
under Article III of the Constitction ae amended by Articke XI of the amendments to
the Constitution shali not be impaired by tris amendment.
2. The States shall appoint the membera of the Court and for that purpose they shall
be grouped as in the Circuits of the United States Courts of Appeals as constituted at the
time of submission of this amendment for ratification. They shall make such eppoint-
mente through their members in tne Congrese acting ex officio as delegates and each
exercising his own discretion. In a delegation convened te make such appointmente each ~
Representative present shall have one vote and the Senators preeent shall collectively
have a total vote equal that of all such Represertatives and shall have equal allotments
of such total votes in units and fractions. Appointment shall be by majority vote.
In cane of a tie vote that voting delegate witn the longest total service in the Congress,
as among the delegates voting, shall have one more yote to break the tie.
3, The States in each Circuit shall collectively be entitled to appoint one member to
the Court and for each 25 members in the Congress to which the States in each Circuit
shail collectively be entitled, over and above the basic 20 membera, auch auch States
ahall collectively be entitled to appoint one more member to the Court.
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4. Upon this amendment becoming effective the appointing delegates shail convene
24 at the seat of the government and in their respective delegations and shall make ap-
25 pointmente to the Court. Delegations from the Firet and Ninth Circuits shall make
26 appointments for one year; those from the Second and Sixth Circuits, for two years;
27 those from the Third and Eighth Circuits, for three years; those from the Fourth and
28 Seventh Circuits, for four years and those from the Fifth and Tenth Circuits, as well
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