Origins of the Federal Judiciary

Origins of the Federal Judiciary
Author: Maeva Marcus
Publisher: Oxford University Press
Total Pages: 321
Release: 1992-05-21
Genre: Law
ISBN: 0195361946

The Judiciary Act of 1789 established a federal court system, an experiment that became one of the outstanding features of American democracy. Yet little has been written about the origins of the Act. 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 the constitutional interpretation.

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.

Constitutional Origins of the Federal Judiciary

Constitutional Origins of the Federal Judiciary
Author: Matthew S. Brogdon
Publisher:
Total Pages:
Release: 2011
Genre:
ISBN:

This dissertation examines the constitutional underpinnings of twentieth-century developments in the structure and function of the federal judicial system. In the half-century between 1891 and 1939, the federal judiciary underwent its first complete reorganization since the First Congress passed the Judiciary Act of 1789. The result was rapid growth in the independence, extent, and power of federal courts. Congress first furnished the federal judiciary with the institutional means to extend its jurisdiction by increasing the number of federal trial courts and establishing a full set of intermediate appellate courts in 1891 to handle the bulk of federal judicial business. In the ensuing decades, Congress gradually relinquished control over the Supreme Court's appellate jurisdiction, giving the Court nearly complete discretion over the composition of its own docket. Soon thereafter, Congress likewise turned over control of federal procedure to the Judicial Conference of the United States and in 1939 furnished the federal judiciary with its own administrative apparatus, the Administrative Office of the Federal Courts, to aid in the formulation and administration of judicial policy. The resulting institution looked far different than the judiciary that had administered federal law in the early republic. Prevailing accounts of this development find the origins of the modern judiciary in its immediate political context and deny to the Constitution any role as a determinate of its forms, claiming that the Framers never envisioned the sort of judicial institution that now pervades the Union. Looking to the framing of Article III in the Federal Convention of 1787, debates in the First Congress on the Judiciary Act of 1789, and the exercise of judicial power in the early republic, I argue to the contrary that the modern judiciary is a fulfillment of, rather than a divergence from, the institutional design of the Constitution. This has important implications not only for the adjudication of interpretive controversies over the meaning and application of Article III, but also for broader debates about the complex interaction between constitutional forms and political practice. It suggests that the Constitution functions as a determinant as well as a product of American political development.

The Documentary History of the Supreme Court of the United States, 1789-1800

The Documentary History of the Supreme Court of the United States, 1789-1800
Author: Maeva Marcus
Publisher:
Total Pages: 808
Release: 1998
Genre: History
ISBN: 9780231088732

Volume 6 covers the beginnings of federal admiralty and equity jurisprudence, habeas corpus, judicial review, forreign affairs, and the relationship between the national judiciary and state courts. Also included is an appendix of documents pertaining to the question of whether the Supreme Court could issue advisory opinions at the request of the executive branch. A narrative history introduces each case, and the documents are arranged chronologically thereafter. The texts of many of them had to be reconstructed from originals that were severely damaged or written in shorthand. Taken from official court records, as well as related correspondence, lawyers' notes, justices' notes and opinions, newspaper commentary, and pamphlets, these documents provide critical material with which to assess the initial development of federal court practice and procedure.

The Supreme Court and Constitutional Democracy

The Supreme Court and Constitutional Democracy
Author: John Agresto
Publisher: Cornell University Press
Total Pages: 188
Release: 1984
Genre: Law
ISBN: 9780801492778

Discusses the growth of the power of the Supreme Court and analyzes the separation of judicial and congressional functions.

Keeping Faith with the Constitution

Keeping Faith with the Constitution
Author: Goodwin Liu
Publisher: Oxford University Press
Total Pages: 274
Release: 2010-08-05
Genre: Law
ISBN: 0199752834

Chief Justice John Marshall argued that a constitution "requires that only its great outlines should be marked [and] its important objects designated." Ours is "intended to endure for ages to come, and consequently, to be adapted to the various crises of human affairs." In recent years, Marshall's great truths have been challenged by proponents of originalism and strict construction. Such legal thinkers as Supreme Court Justice Antonin Scalia argue that the Constitution must be construed and applied as it was when the Framers wrote it. In Keeping Faith with the Constitution, three legal authorities make the case for Marshall's vision. They describe their approach as "constitutional fidelity"--not to how the Framers would have applied the Constitution, but to the text and principles of the Constitution itself. The original understanding of the text is one source of interpretation, but not the only one; to preserve the meaning and authority of the document, to keep it vital, applications of the Constitution must be shaped by precedent, historical experience, practical consequence, and societal change. The authors range across the history of constitutional interpretation to show how this approach has been the source of our greatest advances, from Brown v. Board of Education to the New Deal, from the Miranda decision to the expansion of women's rights. They delve into the complexities of voting rights, the malapportionment of legislative districts, speech freedoms, civil liberties and the War on Terror, and the evolution of checks and balances. The Constitution's framers could never have imagined DNA, global warming, or even women's equality. Yet these and many more realities shape our lives and outlook. Our Constitution will remain vital into our changing future, the authors write, if judges remain true to this rich tradition of adaptation and fidelity.

The Founding Fathers

The Founding Fathers
Author: Richard B. Bernstein
Publisher: Oxford University Press, USA
Total Pages: 184
Release: 2015
Genre: Biography & Autobiography
ISBN: 0190273518

This concise and elegant contribution to the Very Short Introduction series reintroduces the history that shaped the founding fathers, the history that they made, and what history has made of them. The book provides a context within which to explore the world of Washington, Franklin, Jefferson, Adams, and Hamilton, as well as their complex and still-controversial achievements and legacies.

The Great Chief Justice

The Great Chief Justice
Author: Charles F. Hobson
Publisher:
Total Pages: 278
Release: 1996
Genre: Biography & Autobiography
ISBN:

"John Marshall remains one of the towering figures in the landscape of American law. From the Revolution to the age of Jackson, he played a critical role in defining the "province of the judiciary" and the constitutional limits of legislative action. In this masterly study, Charles Hobson clarifies the coherence and thrust of Marshall's jurisprudence while keeping in sight the man as well as the jurist." "Hobson argues that contrary to his critics, Marshall was no ideologue intent upon appropriating the lawmaking powers of Congress. Rather, he was deeply committed to a principled jurisprudence that was based on a steadfast devotion to a "science of law" richly steeped in the common law tradition. As Hobson shows, such jurisprudence governed every aspect of Marshall's legal philosophy and court opinions, including his understanding of judicial review." "The chief justice, Hobson contends, did not invent judicial review (as many have claimed) but consolidated its practice by adapting common law methods to the needs of a new nation. In practice, his use of judicial review was restrained, employed almost exclusively against acts of the state legislatures. Ultimately, he wielded judicial review to prevent the states from undermining the power of a national government still struggling to establish sovereignty at home and respect abroad."--BOOK JACKET.Title Summary field provided by Blackwell North America, Inc. All Rights Reserved