Origins of the Federal Judiciary: Essays on the Judiciary Act of 1789Maeva Marcus Oxford University Press, 21. maj 1992 - 320 strani 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. |
Vsebina
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Political Compromise or Constitutional Interpretation? | 13 |
2 Jurisdiction Stripping and the Judiciary Act of 1789 | 40 |
The Lost Dimension of Marshall Court Sovereignty Cases | 66 |
Presumptuous Evidence Too Many Lawyers and a Federal Common Law Crime | 106 |
Judge and Jury in a Republican Society | 173 |
A View From Hayburns Case | 196 |
Section 25 of the 1789 Judiciary Act and Judicial Federalism | 223 |
The Iconography of Judgment and American Culture | 248 |
9 The Judiciary Act of 1789 and Judicial Independence | 281 |
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Druge izdaje - Prikaži vse
Origins of the Federal Judiciary: Essays on the Judiciary Act of 1789 Maeva Marcus Omejen predogled - 1992 |
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1st Cong admiralty ambassador amendments American Annals of Congress appears appellate jurisdiction April argued argument Article Article III authority Brutus Brutus"'s Caleb Strong Callender Chase Chief Justice circuit courts clause coextensive congressional Constitution coterminous power theory County Courthouse crimes criminal debates decisions district dual office holding Edmund Randolph essay executive federal common law federal courts federal judges federal judiciary federal question Federalist Fisher Ames Framers George George Hammond Goebel Guillioux Hayburn's Historical Society History House Ibid independent indictment Iredell issue James Madison John Joseph Ravara Judiciary Act judiciary bill language Law Review lawyers legislative power legislature Library of Congress lower federal courts Marshall Court Massachusetts McCulloch ment Murdock notes Number Oliver Ellsworth original jurisdiction Papers Pennsylvania Philadelphia political post office president principle Ravara Rawle Rawle's republican Samuel Chase Section 25 Senate sovereignty Stat statute structure Supreme Court Thomas Jefferson tion Tucker United States Supreme vested Virginia William Maclay William Rawle