Political Theories of the Cupreme Court from 1789–1835

Charles G. Haines

American Political Science Review, 1908, vol. 2, issue 2, 221-244

Abstract: Prior to the time of the organization of the national government under the Constitution of 1787 the province of a court was very definitely determined. In accordance with the principles of ancient custom, a court was a tribunal established by law with the power to hear controversies between persons and to administer relief or punishment. It was the business of a court to interpret, pronounce and execute the law, to decide controversies and enforce rights. In the words of Lord Coke, “ a court is a place where justice is judicially ministered.”Such was the traditional position of a court when the Federal Constitution went into operation in 1789. A supreme court was provided for, to be organized by congress, in whose hands was placed the authority to create such inferior courts as might be necessary to carry out the judicial duties allotted to the federal government. The supreme court which was established by one of the first acts of the congress which met in 1789 very soon recognized and affirmed the limited and definite field for the exercise of judicial authority.

Date: 1908
References: Add references at CitEc
Citations:

Downloads: (external link)
https://www.cambridge.org/core/product/identifier/ ... type/journal_article link to article abstract page (text/html)

Related works:
This item may be available elsewhere in EconPapers: Search for items with the same title.

Export reference: BibTeX RIS (EndNote, ProCite, RefMan) HTML/Text

Persistent link: https://EconPapers.repec.org/RePEc:cup:apsrev:v:2:y:1908:i:02:p:221-244_00

Access Statistics for this article

More articles in American Political Science Review from Cambridge University Press Cambridge University Press, UPH, Shaftesbury Road, Cambridge CB2 8BS UK.
Bibliographic data for series maintained by Kirk Stebbing ().