State Courts and the Interpretation of Federal Statutes

Bellia, Anthony J., Jr., Vanderbilt Law Review

Scholars have long debated the separation of powers question of what "judicial power" federal courts have under Article III of the Constitution in the enterprise of interpreting federal statutes. Specifically, scholars have debated whether, in light of Founding-era English and state court judicial practice, the judicial power of the United States should be understood as a power to interpret statutes "dynamically" or as "faithful agents" of Congress. This Article argues that the question of how courts should interpret federal statutes is one not only of separation of powers but of federalism as well. State courts have a vital and often independent role in the American constitutional …

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Publication information: Article title: State Courts and the Interpretation of Federal Statutes. Contributors: Bellia, Anthony J., Jr. - Author. Journal title: Vanderbilt Law Review. Volume: 59. Issue: 5 Publication date: October 2006. Page number: 1499+. © Vanderbilt Law Review Jan 2009. Provided by ProQuest LLC. All Rights Reserved.

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