A March of Liberty: A Constitutional History of the United States - Vol. 1

By Melvin I. Urofsky; Paul Finkelman | Go to book overview

8

The Supreme Court:
The First Decade

The Federal Court of Appeals The Judiciary Act of 1789
The Process Act The Jay Court Convenes Separation of
Powers Suing States in Federal Courts Chisholm v.
Georgia The Eleventh Amendment The Debt Cases
Judicial Review The Ellsworth Tenure Circuit Duties
Conclusion For Further Reading

ARTICLE III OF the Constitution vests the judicial power of the United States in one Supreme Court and such inferior courts as Congress shall establish. The Judiciary Act of 1789 set out the basic outline of a federal court system, but just as Washington had to fashion the executive branch, so the new courts and justices had to evolve procedures for the judicial arm of the government. Some of the precedents set during this period would last for decades; others would vanish within a few years.


The Federal Court of Appeals

In deciding to create a judicial branch as part of the new constitutional government, the Framers recognized one of the major weaknesses of the Confederation, apparent not only in the absence of a federal court system, but also in the confused record of the only national court created under the Articles. As early as November 1775, George Washington recommended that the Continental Congress authorize a prize court to dispose of captured British cargoes and vessels. Instead of establishing a federal court, however, Congress suggested that each state set up a court, with a right of appeal to the Congress itself. The states accordingly created prize courts, but jealous of their own authority, they generally limited what appeals could be taken to Congress. New Hampshire, for example, permitted appeals only if the capturing ship had been an armed vessel fitted out by order of Congress; a few years later, it restricted appeals even further,

-147-

Notes for this page

Add a new note
If you are trying to select text to create highlights or citations, remember that you must now click or tap on the first word, and then click or tap on the last word.
One moment ...
Project items

Items saved from this book

This book has been saved
Highlights (0)
Some of your highlights are legacy items.

Highlights saved before July 30, 2012 will not be displayed on their respective source pages.

You can easily re-create the highlights by opening the book page or article, selecting the text, and clicking “Highlight.”

Citations (0)
Some of your citations are legacy items.

Any citation created before July 30, 2012 will labeled as a “Cited page.” New citations will be saved as cited passages, pages or articles.

We also added the ability to view new citations from your projects or the book or article where you created them.

Notes (0)
Bookmarks (0)

You have no saved items from this book

Project items include:
  • Saved book/article
  • Highlights
  • Quotes/citations
  • Notes
  • Bookmarks
Notes
Cite this page

Cited page

Style
Citations are available only to our active members.
Sign up now to cite pages or passages in MLA, APA and Chicago citation styles.

(Einhorn, 1992, p. 25)

(Einhorn 25)

1

1. Lois J. Einhorn, Abraham Lincoln, the Orator: Penetrating the Lincoln Legend (Westport, CT: Greenwood Press, 1992), 25, http://www.questia.com/read/27419298.

Cited page

Bookmark this page
A March of Liberty: A Constitutional History of the United States - Vol. 1
Settings

Settings

Typeface
Text size Smaller Larger
Search within

Search within this book

Look up

Look up a word

  • Dictionary
  • Thesaurus
Please submit a word or phrase above.
Print this page

Print this page

Why can't I print more than one page at a time?

Full screen
/ 559

matching results for page

Cited passage

Style
Citations are available only to our active members.
Sign up now to cite pages or passages in MLA, APA and Chicago citation styles.

"Portraying himself as an honest, ordinary person helped Lincoln identify with his audiences." (Einhorn, 1992, p. 25).

"Portraying himself as an honest, ordinary person helped Lincoln identify with his audiences." (Einhorn 25)

"Portraying himself as an honest, ordinary person helped Lincoln identify with his audiences."1

1. Lois J. Einhorn, Abraham Lincoln, the Orator: Penetrating the Lincoln Legend (Westport, CT: Greenwood Press, 1992), 25, http://www.questia.com/read/27419298.

Cited passage

Welcome to the new Questia Reader

The Questia Reader has been updated to provide you with an even better online reading experience.  It is now 100% Responsive, which means you can read our books and articles on any sized device you wish.  All of your favorite tools like notes, highlights, and citations are still here, but the way you select text has been updated to be easier to use, especially on touchscreen devices.  Here's how:

1. Click or tap the first word you want to select.
2. Click or tap the last word you want to select.

OK, got it!

Thanks for trying Questia!

Please continue trying out our research tools, but please note, full functionality is available only to our active members.

Your work will be lost once you leave this Web page.

For full access in an ad-free environment, sign up now for a FREE, 1-day trial.

Already a member? Log in now.