History of the Federal Courts
History of the Federal Courts

Author: Erwin C. Surrency

Publisher:

Published: 2002

Total Pages: 576

ISBN-13:

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This pioneering text presents, in one single volume, the history of the federal courts since their establishment in 1789 and the changes that have occurred in the 200 years since. The author examines the historical context from which the federal court system grew and explores the expansion of the court system in response to procedural, conceptual, and historical influences. The evolution of the different types of federal courts through time is of particular focus, along with the growth of the jurisdiction of the federal courts and the changes to the procedure before the Supreme Court over time. To understand judicial history, it is important to appreciate the nuances of procedure and legal terminology at a particular time. For this reason, the author adheres to the use of the terms of law and procedure understood during the period under discussion. For example, a term such as 'circuit court' is used in its context as a trial court prior to 1911 and again in the context of today's "Circuit Court of Appeals." Specific chapters include: - The Prelude to the Establishment - Federal Courts Under the Articles of Confederation - The Establishment of the Federal Courts - The Organization of the Circuits - Judicial Legislation - Growth of Federal Jurisdiction - Growth of Federal Criminal Jurisdiction - Civil Procedure in the Federal Courts - Bankruptcy in American Law - Criminal Procedure in the Federal Courts - Development of the Appellate Review - Procedure Before the United States Supreme Court - Federal Judges - Courts in the District of Columbia

Keeping Faith with the Constitution
Keeping Faith with the Constitution

Author: Goodwin Liu

Publisher: Oxford University Press

Published: 2010-08-05

Total Pages: 274

ISBN-13: 0199752834

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Chief Justice John Marshall argued that a constitution "requires that only its great outlines should be marked [and] its important objects designated." Ours is "intended to endure for ages to come, and consequently, to be adapted to the various crises of human affairs." In recent years, Marshall's great truths have been challenged by proponents of originalism and strict construction. Such legal thinkers as Supreme Court Justice Antonin Scalia argue that the Constitution must be construed and applied as it was when the Framers wrote it. In Keeping Faith with the Constitution, three legal authorities make the case for Marshall's vision. They describe their approach as "constitutional fidelity"--not to how the Framers would have applied the Constitution, but to the text and principles of the Constitution itself. The original understanding of the text is one source of interpretation, but not the only one; to preserve the meaning and authority of the document, to keep it vital, applications of the Constitution must be shaped by precedent, historical experience, practical consequence, and societal change. The authors range across the history of constitutional interpretation to show how this approach has been the source of our greatest advances, from Brown v. Board of Education to the New Deal, from the Miranda decision to the expansion of women's rights. They delve into the complexities of voting rights, the malapportionment of legislative districts, speech freedoms, civil liberties and the War on Terror, and the evolution of checks and balances. The Constitution's framers could never have imagined DNA, global warming, or even women's equality. Yet these and many more realities shape our lives and outlook. Our Constitution will remain vital into our changing future, the authors write, if judges remain true to this rich tradition of adaptation and fidelity.