One Supreme Court

Supremacy, Inferiority, and the Judicial Department of the United States

Nonfiction, Reference & Language, Law, Courts, Constitutional
Cover of the book One Supreme Court by James E Pfander, Oxford University Press
View on Amazon View on AbeBooks View on Kobo View on B.Depository View on eBay View on Walmart
Author: James E Pfander ISBN: 9780190623555
Publisher: Oxford University Press Publication: May 26, 2009
Imprint: Oxford University Press Language: English
Author: James E Pfander
ISBN: 9780190623555
Publisher: Oxford University Press
Publication: May 26, 2009
Imprint: Oxford University Press
Language: English

Despite over two hundred years of experience with constitutional government, much remains unclear about the power of the political branches to curtail or re-define the judicial power of the United States. Uncertainty persists about the basis on which state courts and federal agencies may hear federal claims and the degree to which federal courts must review their decisions. Scholars approach these questions from a range of vantage points and have arrived at widely varying conclusions about the relationship between congressional and judicial power. Deploying familiar forms of legal analysis, and relying upon a new account of the Court's supremacy in relation to lower courts and tribunals, James Pfander advances a departmental conception of the judiciary. He argues that Congress can enlist the state courts, lower federal courts, and administrative agencies to hear federal claims in the first instance, but all of these tribunals must operate within a hierarchical framework over which the "one supreme Court" identified in the Constitution exercises ultimate supervisory authority. In offering the first general account of the Court as department head, Pfander takes up such important debates in the federal courts' literature as Congress's power to strip the federal courts of jurisdiction to review state court decisions, its authority to assign decision-making authority to state courts and non-Article III tribunals, its control over the doctrine of vertical stare decisis, and its ability to craft rules of practice for the federal system.

View on Amazon View on AbeBooks View on Kobo View on B.Depository View on eBay View on Walmart

Despite over two hundred years of experience with constitutional government, much remains unclear about the power of the political branches to curtail or re-define the judicial power of the United States. Uncertainty persists about the basis on which state courts and federal agencies may hear federal claims and the degree to which federal courts must review their decisions. Scholars approach these questions from a range of vantage points and have arrived at widely varying conclusions about the relationship between congressional and judicial power. Deploying familiar forms of legal analysis, and relying upon a new account of the Court's supremacy in relation to lower courts and tribunals, James Pfander advances a departmental conception of the judiciary. He argues that Congress can enlist the state courts, lower federal courts, and administrative agencies to hear federal claims in the first instance, but all of these tribunals must operate within a hierarchical framework over which the "one supreme Court" identified in the Constitution exercises ultimate supervisory authority. In offering the first general account of the Court as department head, Pfander takes up such important debates in the federal courts' literature as Congress's power to strip the federal courts of jurisdiction to review state court decisions, its authority to assign decision-making authority to state courts and non-Article III tribunals, its control over the doctrine of vertical stare decisis, and its ability to craft rules of practice for the federal system.

More books from Oxford University Press

Cover of the book The Middle Ages by James E Pfander
Cover of the book All Shook Up by James E Pfander
Cover of the book Linguistic Rivalries by James E Pfander
Cover of the book Thieves of Book Row: New York's Most Notorious Rare Book Ring and the Man Who Stopped It by James E Pfander
Cover of the book The Public Health Consequences of Disasters by James E Pfander
Cover of the book Means, Ends, and Persons by James E Pfander
Cover of the book Without Benefit of Clergy by James E Pfander
Cover of the book The Vaccine Handbook by James E Pfander
Cover of the book The Battle of Tomochic by James E Pfander
Cover of the book Contemporary Iran by James E Pfander
Cover of the book Venice: Oxford Bibliographies Online Research Guide by James E Pfander
Cover of the book Global Intelligence Oversight by James E Pfander
Cover of the book The Making of Competition Policy by James E Pfander
Cover of the book God's Arbiters by James E Pfander
Cover of the book Sound Commitments by James E Pfander
We use our own "cookies" and third party cookies to improve services and to see statistical information. By using this website, you agree to our Privacy Policy