Origins of the federal judiciary : essays on the judiciary Act of 1789 : Bicentennial conference : Papers

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. 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.--book Jacket. The Judiciary Act Of 1789: Political Compromise Or Constitutional Interpretation? / Maeva Marcus, Natalie Wexler -- Jurisdiction Stripping And The Judiciary Act Of 1789 / Akhil Reed Amar -- Recovering Coterminous Power Theory: The Lost Dimension Of Marshall Court Sovereignty Cases / G. Edward White -- United States V. Joseph Ravara: Presumptuous Evidence, Too Many Lawyers, And A Federal Common Law Crime / John D. Gordan Iii -- United States V. Callender: Judge And Jury In A Republican Society / Kathryn Preyer -- Dual Office Holding And The Constitution: A View From Hayburn's Case / Mark Tushnet -- Murdoch V. Memphis: Section 25 Of The 1789 Judiciary Act And Judicial Federalism / William M. Wiecek -- Temples Of Justice: The Iconography Of Judgment And American Culture / Michael Kammen -- The Judiciary Act Of 1789 And Judicial Independence / Gerhard Casper. Edited By Maeva Marcus. Papers Based On The Bicentennial Conference On The Judiciary Act Of 1789. Includes Bibliographical References And Index.