ORIGINS OF THE FEDERAL JUDICIARY: ESSAYS ON THE JUDICIARY ACT OF 1789 FROM OXFORD UNIVERSITY PRESS
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Review "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
From the Back Cover 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. About the Author Maeva Marcus is a Director, Documentary History Project, Supreme Court of the United States.
ORIGINS OF THE FEDERAL JUDICIARY: ESSAYS ON THE JUDICIARY ACT OF 1789 FROM OXFORD UNIVERSITY PRESS PDF
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ORIGINS OF THE FEDERAL JUDICIARY: ESSAYS ON THE JUDICIARY ACT OF 1789 FROM OXFORD UNIVERSITY PRESS PDF
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. ● ● ● ● ● ● ● ●
Sales Rank: #3171581 in Books Color: Green Published on: 1992-05-21 Original language: English Number of items: 1 Dimensions: 8.56" h x 1.19" w x 5.88" l, 1.23 pounds Binding: Hardcover 320 pages
Review "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
From the Back Cover 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. About the Author Maeva Marcus is a Director, Documentary History Project, Supreme Court of the United States. Most helpful customer reviews 3 of 3 people found the following review helpful. More Studies of the Initial Years of the Federal Judiciary By Ronald H. Clark From time to time, we have a revival of interest in the first decade or so of the federal judiciary (i.e., roughly, 1789-1801). This was a crucial period because many thorny issues emerged which prompted disagreement and necessitated some manner of resolution if the system were to function. Most recently to focus on this period and issues is a selection of the essays of the late Kathryn Preyer, "Blackstone in America" (previously reviewed on Amazon), reviving the work of one of the master historians of this era. Of course, the awesome multi-volume "The Documentary History of the Supreme Court of the United States, 1789-1800," also focuses upon these issues, as does the early Julius Goebel, Jr. contrbution to the Holmes devise history of the Supreme Court ("Antecedents and Beginnings to 1801" [1971]). The volume under review first appeared in 1992 and contains papers presented at a bicentennial conference on the Judiciary Act of 1789. The collection is edited by Maeva Marcus (currently at Georgetown Law), who also had in hand in editing the Documentary History volumes and the collection of Preyer articles volume, while also writing her definitive study on President Truman and the Steel Seizure episode. Quite a record! The book opens with an introductory essay by Marcus and Nadine Wexler, who also helped edit the Documentary History series. They highlight some of the most important issues: how much jurisdiction should be assigned to the inferior federal courts?; what political considerations shaped the Judiciary Act?; was there a federal common law?; and what was the relationship between the Act and the Bill of Rights which was drafted at the same time? Next comes a challenging but insightful essay by Ahkil Reed Amar on how state/federal judicial jurisdiction should be divided. I especially enjoyed Ted White's essay on "coterminous power theory," which perceptively analyzes the suspicions of states rights advocates re the collective expansion of the jurisdiction of the Supreme Court and Congress. Another fine contribution by this UVA law professor. Next up is a long essay by John D. Gordan III on the "Ravara" case, which was the first reported criminal case under the Act. Many key documents are attached as appendices. Preyer's essay on the "Callender" case issues of the respective roles of judge and jury is next; my review of the Preyer collection discusses it. Mark Tushnet, now of Harvard Law School, gives some life to a not particularly exciting issue--dual office holding. William Wiecek offers an important study of the "Murdock v. Memphis" case, recounting how Congress in 1867, as part of Reconstruction, played around with some of the original Act's language which could have resulted in the Supreme Court having final say on every issue of state law. Finally, Gerhard Caspar, former provost and dean at Chicago Law, discusses the difficulties of making federal judges independent, but also responsible to the public will. Like any collection, some essays are more helpful than others. Michael Kammen, a fine intellectual historian, has included an essay (including photographs) on the physical icons of Justice during the period, which while interesting, seems out of place given the other studies in the volume. Each
essay has attached notes, and there is an index. However, a bibliography of pertinent sources would have made the collection even more valuable. The fact that Oxford University Press has kept this specialized study in print (albeit at a much higher price than I paid for it in 1994) attests to its value. Certainly an eye-opener and valuable introduction to this incredibily important period of our judicial history. See all 1 customer reviews...
ORIGINS OF THE FEDERAL JUDICIARY: ESSAYS ON THE JUDICIARY ACT OF 1789 FROM OXFORD UNIVERSITY PRESS PDF
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"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
From the Back Cover 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. About the Author Maeva Marcus is a Director, Documentary History Project, Supreme Court of the United States.
Why must select the trouble one if there is easy? Get the profit by getting the book Origins Of The Federal Judiciary: Essays On The Judiciary Act Of 1789 From Oxford University Press below. You will obtain various way making a bargain as well as get the book Origins Of The Federal Judiciary: Essays On The Judiciary Act Of 1789 From Oxford University Press As understood, nowadays. Soft documents of the books Origins Of The Federal Judiciary: Essays On The Judiciary Act Of 1789 From Oxford University Press come to be very popular among the viewers. Are you one of them? And also below, we are offering you the new collection of ours, the Origins Of The Federal Judiciary: Essays On The Judiciary Act Of 1789 From Oxford University Press.
