Kansas-Nebraska Act: Philosophical Viewpoints: American Democracy Quotes

How we cite our quotes: (Section.Sentence)

Quote #4

And be it further enacted, That the judicial power of said Territory shall be vested in a Supreme Court, District Courts, Probate Courts, and in Justices of the Peace. The Supreme Court shall consist of a chief justice and two associate justices, any two of whom shall constitute a quorum, and who shall hold a term at the seat of government of said Territory annually, and they shall hold their offices during the period of four years, and until their successor shall be appointed and qualified. The said Territory shall be divided into three judicial districts, and a district court shall be held in each of said districts by one of the justices of the Supreme Court, at such times and places as may be prescribed by of law; and the said judges shall, after their appointments, respectively, reside in the districts which shall be assigned them. The jurisdiction of the several courts herein provided for, both appellate and original, and that of the probate courts and of justices of the peace, shall be as limited by law […] (9.1-4; 27.1-4)

This is just the tip of the judiciary iceberg; Sections 9 and 27 go on for days about the specifics of how this branch of government should operate. But since judges are the ones who, you know, judge stuff that has to do with people's lives, it's especially important that the court system is laid out in a fair, balanced, and complete way.

Mission accomplished, Kansas-Nebraska Act. No one's going to accuse this act of neglecting details.

Quote #5

The Governor and a Secretary to be appointed as aforesaid, shall, before they act as such, respectively take an oath or affirmation before the District Judge or some Justice of the Peace in the limits of said Territory, duly authorized to administer oaths and affirmations by the laws now in force therein, or & before the Chief Justice, or some Associate Justice of the Supreme Court of the United States, to support the Constitution of the United States, and faithfully to discharge the duties of their respective offices, which said oaths, when so taken, shall be certified by the person by whom the same shall have been taken […] (12.2; 30.2)

This line is like a firewall: one more level of protection against the fascists that are surely lurking right outside the territorial gates, waiting for the opportunity to slither in and take over. But by making sure the peeps in the executive branch (as well as peeps in other branches) swear to uphold and support the United States Constitution, there's a much better chance they won't let their territories become tyrannies.