The Federal Courts

The Federal Courts
Author: Peter Charles Hoffer
Publisher: Oxford University Press
Total Pages: 561
Release: 2016
Genre: Law
ISBN: 0199387907

There are moments in American history when all eyes are focused on a federal court: when its bench speaks for millions of Americans, and when its decision changes the course of history. More often, the story of the federal judiciary is simply a tale of hard work: of finding order in the chaotic system of state and federal law, local custom, and contentious lawyering. The Federal Courts is a story of all of these courts and the judges and justices who served on them, of the case law they made, and of the acts of Congress and the administrative organs that shaped the courts. But, even more importantly, this is a story of the courts' development and their vital part in America's history. Peter Charles Hoffer, Williamjames Hull Hoffer, and N. E. H. Hull's retelling of that history is framed the three key features that shape the federal courts' narrative: the separation of powers; the federal system, in which both the national and state governments are sovereign; and the widest circle: the democratic-republican framework of American self-government. The federal judiciary is not elective and its principal judges serve during good behavior rather than at the pleasure of Congress, the President, or the electorate. But the independence that lifetime tenure theoretically confers did not and does not isolate the judiciary from political currents, partisan quarrels, and public opinion. Many vital political issues came to the federal courts, and the courts' decisions in turn shaped American politics. The federal courts, while the least democratic branch in theory, have proved in some ways and at various times to be the most democratic: open to ordinary people seeking redress, for example. Litigation in the federal courts reflects the changing aspirations and values of America's many peoples. The Federal Courts is an essential account of the branch that provides what Massachusetts Supreme Judicial Court Judge Oliver Wendell Homes Jr. called "a magic mirror, wherein we see reflected our own lives."

History of the Federal Courts

History of the Federal Courts
Author: Erwin C. Surrency
Publisher:
Total Pages: 576
Release: 2002
Genre: Law
ISBN:

This pioneering text presents, in one single volume, the history of the federal courts since their establishment in 1789 and the changes that have occurred in the 200 years since. The author examines the historical context from which the federal court system grew and explores the expansion of the court system in response to procedural, conceptual, and historical influences. The evolution of the different types of federal courts through time is of particular focus, along with the growth of the jurisdiction of the federal courts and the changes to the procedure before the Supreme Court over time. To understand judicial history, it is important to appreciate the nuances of procedure and legal terminology at a particular time. For this reason, the author adheres to the use of the terms of law and procedure understood during the period under discussion. For example, a term such as 'circuit court' is used in its context as a trial court prior to 1911 and again in the context of today's "Circuit Court of Appeals." Specific chapters include: - The Prelude to the Establishment - Federal Courts Under the Articles of Confederation - The Establishment of the Federal Courts - The Organization of the Circuits - Judicial Legislation - Growth of Federal Jurisdiction - Growth of Federal Criminal Jurisdiction - Civil Procedure in the Federal Courts - Bankruptcy in American Law - Criminal Procedure in the Federal Courts - Development of the Appellate Review - Procedure Before the United States Supreme Court - Federal Judges - Courts in the District of Columbia

Debate on the Federal Judiciary

Debate on the Federal Judiciary
Author: Federal Judicial History Office
Publisher:
Total Pages: 278
Release: 2014-09-27
Genre: History
ISBN: 9781502519085

This documentary collection introduces readers to public debates on federal judicial authority in the late nineteenth and early twentieth centuries. The documents illustrate the contending and evolving views of lawyers, judges, legislators, legal scholars, and ordinary citizens on the judiciary's role in American constitutional government. The volume focuses on the debates sparked by legislative proposals to alter the organization, jurisdiction, and administration of the federal courts, as well as the tenure and authority of federal judges. Documents are drawn from a variety of governmental and nongovernmental sources, including congressional floor debates, testimony in congressional hearings, bar association meetings, public addresses, legal treatises, law reviews, and popular periodicals. The documents selected represent the most prevalent and influential ideas about the courts and are but an introduction to the breadth and depth of materials available on the history of the federal courts.This collection illuminates the many paths that were possible for the federal courts during a period of rapid social and economic change. The federal courts have not simply evolved in response to the needs of society—they are the product of political contests that reflect both competing economic and social interests and changing ideas about the role of the nation's courts in the American system of government. The speakers and writers in these documents believed that the stakes of these debates were high—that the organization, administration, and authority of the federal courts would have important consequences for core American governmental principles like separation of powers, political representation, and the rule of law.Between 1875 and 1939, the federal judiciary's role in American law, politics, and society grew dramatically. The federal courts took on new responsibilities as the United States became an urban, industrialized country with an economy characterized by large business corporations operating on a national scale. In the name of protecting the property rights of individuals and corporations, the Supreme Court gradually broadened its interpretation of the Fourteenth Amendment and the role of the federal courts as a check on state government power. Congress's expansion of federal court jurisdiction over civil suits based on diversity of citizenship along with the growth in new federal regulatory and criminal statutes in the early twentieth century led to an unprecedented amount of litigation before federal judges.The expanded authority of the federal judiciary became the subject of heated political debate in the late nineteenth and early twentieth centuries. Southern Congressmen, already resentful of the federal government's Reconstruction era interventions on behalf of freed African Americans, saw the growing reach of federal courts as further evidence of encroaching federal power. By the 1870s and 1880s, southerners were joined by midwestern and western state lawmakers, judges, and lawyers angered that eastern financiers and corporations could force their citizens into federal courts, which they believed were more distant, expensive, and congested than state courts. They protested Supreme Court decisions nullifying state regulation of corporations and argued that the federal courts were infringing on the authority of state governments, and especially state courts, to govern themselves. Labor leaders throughout the country charged the federal courts with protecting the interests of business at the expense of workers. Congressional Democrats, local lawyers, and some progressive political reformers proposed legislation to restrict federal court jurisdiction, to limit the exercise of judicial review, and to weaken judicial equity powers. Court critics also proposed measures to make federal judges more accountable to the people through the election of judges and the popular recall of judicial decisions.

Brown v. Board of Education

Brown v. Board of Education
Author: James T. Patterson
Publisher: Oxford University Press
Total Pages: 318
Release: 2001-03-01
Genre: History
ISBN: 0199880840

2004 marks the fiftieth anniversary of the Supreme Court's unanimous decision to end segregation in public schools. Many people were elated when Supreme Court Chief Justice Earl Warren delivered Brown v. Board of Education of Topeka in May 1954, the ruling that struck down state-sponsored racial segregation in America's public schools. Thurgood Marshall, chief attorney for the black families that launched the litigation, exclaimed later, "I was so happy, I was numb." The novelist Ralph Ellison wrote, "another battle of the Civil War has been won. The rest is up to us and I'm very glad. What a wonderful world of possibilities are unfolded for the children!" Here, in a concise, moving narrative, Bancroft Prize-winning historian James T. Patterson takes readers through the dramatic case and its fifty-year aftermath. A wide range of characters animates the story, from the little-known African Americans who dared to challenge Jim Crow with lawsuits (at great personal cost); to Thurgood Marshall, who later became a Justice himself; to Earl Warren, who shepherded a fractured Court to a unanimous decision. Others include segregationist politicians like Governor Orval Faubus of Arkansas; Presidents Eisenhower, Johnson, and Nixon; and controversial Supreme Court justices such as William Rehnquist and Clarence Thomas. Most Americans still see Brown as a triumph--but was it? Patterson shrewdly explores the provocative questions that still swirl around the case. Could the Court--or President Eisenhower--have done more to ensure compliance with Brown? Did the decision touch off the modern civil rights movement? How useful are court-ordered busing and affirmative action against racial segregation? To what extent has racial mixing affected the academic achievement of black children? Where indeed do we go from here to realize the expectations of Marshall, Ellison, and others in 1954?

Courts in Federal Countries

Courts in Federal Countries
Author: Nicholas Theodore Aroney
Publisher: University of Toronto Press
Total Pages: 600
Release: 2017-04-24
Genre: Law
ISBN: 1487511485

Courts are key players in the dynamics of federal countries since their rulings have a direct impact on the ability of governments to centralize and decentralize power. Courts in Federal Countries examines the role high courts play in thirteen countries, including Australia, Brazil, Canada, Germany, India, Nigeria, Spain, and the United States. The volume’s contributors analyse the centralizing or decentralizing forces at play following a court’s ruling on issues such as individual rights, economic affairs, social issues, and other matters. The thirteen substantive chapters have been written to facilitate comparability between the countries. Each chapter outlines a country’s federal system, explains the constitutional and institutional status of the court system, and discusses the high court’s jurisprudence in light of these features. Courts in Federal Countries offers insightful explanations of judicial behaviour in the world’s leading federations.