Origins of the Federal Judiciary

Essays on the Judiciary Act of 1789

By: Maeva Marcus (Editor)

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Hardcover | 1 March 1992

At a Glance

Hardcover
324 Pages

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21.59 x 13.97 x 2.24

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The Judiciary Act of 1789 established a federal court system, an experiment that became one of the outstanding features of American democracy. This volume of essays analyzes the Act from political and legal perspectives while enhancing our understanding of the history of the judiciary and its role in constitutional interpretation. Using previously unavailable material, the first essays examine the importance of political considerations and the intended implementations of constitutional imperatives. They also focus on such topics as ambiguities in the Judiciary Act's division of jurisdiction between state courts and the newly created federal system; early interpretations of various sections of the Act; whether the Act presupposed a federal common law; the problem of dual office holdings by judges; and early perceptions of justice in the courts of frontier America. The book concludes with an essay exploring the attitudes of the Framers towards judicial independence.
This interdisciplinary look at one of the most important statues enacted by Congress will interest not only law professors, historians, and political scientists, but also judges, lawyers, and anyone interested in constitutional law and legal history.

Industry Reviews

"This book is an important contribution because of the overall quality and depth of its essays. It provides valuable and quite various insights into a wide range [of] issues."--The Law and Politics Book Review "The quality of the essays is uniformly high....A few more sorties like this and we will be well on the way to recapturing a better understanding of the beginnings of the sulfurous mix of law, politis, and morality in whih we still find ourselves."--William and Mary Quarterly "This book is an important contribution because of the overall quality and depth of its essays. It provides valuable and quite various insights into a wide range [of] issues."--The Law and Politics Book Review "The quality of the essays is uniformly high....A few more sorties like this and we will be well on the way to recapturing a better understanding of the beginnings of the sulfurous mix of law, politis, and morality in whih we still find ourselves."--William and Mary Quarterly

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Contributors	p. vii
Introduction	p. 3
The Judiciary Act of 1789: Political Compromise or Constitutional Interpretation?	p. 13
Jurisdiction Stripping and the Judiciary Act of 1789	p. 40
Recovering Coterminous Power Theory: The Lost Dimension of Marshall Court Sovereignty Cases	p. 66
United States v. Joseph Ravara: "Presumptuous Evidence," "Too Many Lawyers," and a Federal Common Law Crime	p. 106
United States v. Callender: Judge and Jury in a Republican Society	p. 173
Dual Office Holding and the Constitution: A View From Hayburn's Case	p. 196
Murdoch v. Memphis: Section 25 of the 1789 Judiciary Act and Judicial Federalism	p. 223
Temples of Justice: The Iconography of Judgment and American Culture	p. 248
The Judiciary Act of 1789 and Judicial Independence	p. 281
Index	p. 299
Table of Contents provided by Syndetics. All Rights Reserved.

Origins of the Federal Judiciary

Essays on the Judiciary Act of 1789

At a Glance

Hardcover

Industry Reviews

Shipping

How to return your order

Defective items

You Can Find This Book In

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