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A Distinct Judicial Power: The Origins of an Independent Judiciary, 1606-1787, by Scott Douglas Gerber, provides the first comprehensive critical analysis of the origins of judicial independence in the United States. Part I examines the political theory of an independent judiciary. Gerber begins chapter 1 by tracing the intellectual origins of a distinct judicial power from Aristotle's theory of a mixed constitution to John Adams's modifications of Montesquieu. Chapter 2 describes the debates during the framing and ratification of the federal Constitution regarding the independence of the federal judiciary. Part II, the bulk of the book, chronicles how each of the original thirteen states and their colonial antecedents treated their respective judiciaries. This portion, presented in thirteen separate chapters, brings together a wealth of information (charters, instructions, statutes, etc.) about the judicial power between 1606 and 1787, and sometimes beyond. Part III, the concluding segment, explores the influence the colonial and early state experiences had on the federal model that followed and on the nature of the regime itself. It explains how the political theory of an independent judiciary examined in Part I, and the various experiences of the original thirteen states and their colonial antecedents chronicled in Part II, culminated in Article III of the U.S. Constitution. It also explains how the principle of judicial independence embodied by Article III made the doctrine of judicial review possible, and committed that doctrine to the protection of individual rights.
The experience of the King's church in Early America was shaped by the unfolding imperial policies of the English government after 1675. London-based civil and ecclesiastical officials supervised the extension and development of the church overseas. The recruitment, appointment and financial support of the ministers was guided by London officials. Transplanted to the New World without the traditional hierarchical structure of the church - no bishop served in the colonies during the colonial period - at the time of the American Revolution it was neither an English-American, or American-English church, yet modified in a distinctive manner.
American Historical Review is the oldest scholarly journal of history in the United States and the largest in the world. Published by the American Historical Association, it covers all areas of historical research.
Explores how the 1789 congressional election between two future presidents with differing views on the Constitution and the Bill of Rights influenced the destiny of the United States.
This volume is the most comprehensive bibliography of purely biographical material written by Americans. It covers every possible field of life but, by design, excludes autobiographies, diaries, and journals.