New PDF release: Origins of the Federal Judiciary: Essays on the Judiciary

Rules Procedures

By Maeva Marcus

ISBN-10: 0195067215

ISBN-13: 9780195067217

The Judiciary Act of 1789 demonstrated a federal court docket approach, an test that grew to become one of many remarkable good points of yank democracy. but little has been written concerning the origins of the Act. This quantity of essays analyzes the Act from political and felony views whereas bettering our knowing of the background of the judiciary and its function within the constitutional interpretation.

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Fisher Ames to [John Lowell], July 17-August 29, 1789, Private Collection (D. N. Diedrich). See also Fisher Ames to John Lowell, September 3, 1789, in the same collection. 49. E. 9B, Boston Public Library, Boston. 50. Massachusetts Constitution, pt. 2, ch. 6, art. 2; "An Act to disable certain officers under the continental government, from holding offices under the authority of this commonwealth," in W. W. , The Statutes at Large; Being a Collection of All the Laws of Virginia, from the First Session of the Legislature, in the Year 1619 (1823), 12:694-95, Ironically, Virginia senator Richard Henry Lee was a leading opponent of a strong inferior federal court system.

Independent Chronicle (Boston), March 5, 1789. 88. William R. Davie to James Madison, June 10,1789, James Madison Papers, Library of Congress. 89. , 424, 435, 755, 760 (1789); Journal of the House of Representatives 1 (1789): 85-86. In September, the Senate voted to limit the right to jury trial in common law cases to those cases involving over $20. , 76 (1789). Some representatives thought it was foolish for the House to consider these amendments when at the very same time the Senate had the judiciary bill before it.

Independent Gazetteer (Philadelphia), February 25, 1789. 79. Richard Parker to [Richard Henry Lee], July 6, 1789, Lee Family Papers, University of Virginia, Charlottesville. 80. , to George Read, June 24, 1789, in W. T. , Life and Correspondence of George Read (1870), 483. , to Elias Boudinot, June 28, 1789, John W. Wallace Collection, Historical Society of Pennsylvania, Philadelphia. 81. Edward Shippen to Robert Morris, July 13, 1789, Miscellaneous Manuscript Collection, Pennsylvania Historical Society, Philadelphia.

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Origins of the Federal Judiciary: Essays on the Judiciary Act of 1789 by Maeva Marcus


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