The Federalist Papers - read free eBook in online reader or directly download on the web page. Select files or add your book in reader. Download and read online ebook The Federalist Papers write by Alexander Hamilton. This book was released on 2018-08-20. The Federalist Papers available in PDF, EPUB and Kindle. Classic Books Library presents this brand new edition of “The Federalist Papers”, a collection of separate essays and articles compiled in 1788 by Alexander Hamilton. Following the United States Declaration of Independence in 1776, the governing doctrines and policies of the States lacked cohesion. “The Federalist”, as it was previously known, was constructed by American statesman Alexander Hamilton, and was intended to catalyse the ratification of the United States Constitution. Hamilton recruited fellow statesmen James Madison Jr., and John Jay to write papers for the compendium, and the three are known as some of the Founding Fathers of the United States. Alexander Hamilton (c. 1755–1804) was an American lawyer, journalist and highly influential government official. He also served as a Senior Officer in the Army between 1799-1800 and founded the Federalist Party, the system that governed the nation’s finances. His contributions to the Constitution and leadership made a significant and lasting impact on the early development of the nation of the United States.
Congressional Authority Over the Federal Courts
Congressional Authority Over the Federal Courts - read free eBook in online reader or directly download on the web page. Select files or add your book in reader. Download and read online ebook Congressional Authority Over the Federal Courts write by Elizabeth B. Bazan. This book was released on 2005. Congressional Authority Over the Federal Courts available in PDF, EPUB and Kindle.
The Collapse of Constitutional Remedies
The Collapse of Constitutional Remedies - read free eBook in online reader or directly download on the web page. Select files or add your book in reader. Download and read online ebook The Collapse of Constitutional Remedies write by Aziz Z. Huq. This book was released on 2021. The Collapse of Constitutional Remedies available in PDF, EPUB and Kindle. "This book describes and explains the failure of the federal courts of the United States to act and to provide remedies to individuals whose constitutional rights have been violated by illegal state coercion and violence. This remedial vacuum must be understood in light of the original design and historical development of the federal courts. At its conception, the federal judiciary was assumed to be independent thanks to an apolitical appointment process, a limited supply of adequately trained lawyers (which would prevent cherry-picking), and the constraining effect of laws and constitutional provision. Each of these checks quickly failed. As a result, the early federal judicial system was highly dependent on Congress. Not until the last quarter of the nineteenth century did a robust federal judiciary start to emerge, and not until the first quarter of the twentieth century did it take anything like its present form. The book then charts how the pressure from Congress and the White House has continued to shape courts behaviour-first eliciting a mid-twentieth-century explosion in individual remedies, and then driving a five-decade long collapse. Judges themselves have not avidly resisted this decline, in part because of ideological reasons and in part out of institutional worries about a ballooning docket. Today, as a result of these trends, the courts are stingy with individual remedies, but aggressively enforce the so-called "structural" constitution of the separation of powers and federalism. This cocktail has highly regressive effects, and is in urgent need of reform"--
Congressional Authority Over the Federal Courts
Congressional Authority Over the Federal Courts - read free eBook in online reader or directly download on the web page. Select files or add your book in reader. Download and read online ebook Congressional Authority Over the Federal Courts write by . This book was released on 2005. Congressional Authority Over the Federal Courts available in PDF, EPUB and Kindle. This report examines Congress' legislative authority with respect to the Judicial Branch. While Congress has broad power to regulate the structure, administration and jurisdiction of the courts, its powers are limited by precepts of due process, equal protection and separation of powers. Usually congressional oversight of the judicial branch is noncontroversial, but when Congress proposes to use its oversight and regulatory powers in a manner designed to affect the outcome of pending or previously decided cases, constitutional issues can be raised. In recent years, Congress has considered using or has exercised its authority in an effort to affect the results in cases concerning a number of issues, including abortion, gay marriage, freedom of religion, "right to die" and prisoners' rights. This report addresses the constitutional foundation of the federal courts, and the explicit and general authorities of Congress to regulate the courts. It then addresses Congress' ability to limit the jurisdiction of the courts over particular issues, sometimes referred to as "court-stripping." The report then analyzes Congress' authority to regulate the availability of certain judicial processes and remedies for litigants. Congressional power to legislate regarding specific judicial decisions is also discussed. Recent laws which are relevant to this discussion include the Prison Litigation Reform Act Legislation and a law "For the relief of the parents of Theresa Marie Schiavo." Various proposals were also passed by the House, but not the Senate, in the 108th Congress. For instance, starting in July 2003, an amendment was passed by the House to limit the use of funds to enforce a federal court decision regarding the Pledge of Allegiance. Then, in July 2004, the House passed H.R. 3313, the Marriage Protection Act, which would have limited Federal court jurisdiction over questions regarding the Defense of Marriage Act. Finally, in September 2004, the House passed H.R. 2028, the Pledge Protection Act, which was intended to limit the jurisdiction of the federal courts to hear cases regarding the Pledge of Allegiance. Much of the material in the section on congressional power over court jurisdiction is also included in CRS Report RL32171, Limiting Court Jurisdiction Over Federal Constitutional Issues: 'Court-Stripping,' by Kenneth R. Thomas.
Congressional Power to Create Federal Courts
Congressional Power to Create Federal Courts - read free eBook in online reader or directly download on the web page. Select files or add your book in reader. Download and read online ebook Congressional Power to Create Federal Courts write by Congressional Research Service. This book was released on 2014-10-01. Congressional Power to Create Federal Courts available in PDF, EPUB and Kindle. The United States Constitution established only one federal court—the United States Supreme Court. Beyond this, Article III of the Constitution left it to the discretion of Congress to “ordain and establish” lower federal courts to conduct the judicial business of the federal government. From the very first, Congress established a host of different federal tribunals to adjudicate a variety of legal disputes. The two central types of federal “courts”—courts established under Article III and those tribunals that are not—differ in many respects, including with regard to their personnel, purposes, and powers.Courts established pursuant to Article III are mainly defined by the three central constitutional provisions to which they are subject: resolution of cases that only present live “cases or controversies,” lifetime tenure, and salary protection. The primary purpose for these safeguards was to insulate the federal judiciary from potential pressures, from either the political branches or the public, which might improperly influence the judicial decision-making process.Notwithstanding Article III's seemingly literal command that the “judicial power” shall extend to all cases “arising under” the Constitution or federal law, Congress has assigned a host of cases arising under federal law to non-Article III bodies. Unlike Article III judges, these bodies, generally referred to as “non-Article III courts,” “legislative courts,” or “Article I courts,” enjoy neither lifetime tenure nor salary protection. There are two main categories of non-Article III courts. The first are standalone courts, created under Congress's Article I power, which have similar authority as Article III courts, such as entering their own judgments and issuing contempt orders. Examples of legislative courts include the United States Tax Court; the Court of Federal Claims; the Court of Appeals for Veterans Claims; the Court of Appeals for the Armed Forces; and federal district courts in Guam, the Virgin Islands, and the Northern Mariana Islands. The second category of non-Article III tribunals is commonly referred to as “adjuncts” to Article III courts. This category is mainly comprised of federal administrative agencies and magistrate judges.
