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Kaminski, John P.; Saladino, Gaspare J.; Leffler, Richard; Schoenleber, Charles H. (ed.) / Commentaries on the Constitution, public and private. Volume 6: 10 May to 13 September 1788
18 (1995)
Index, pp. 415-458 ff.
Page 435
INDEX 72, 73, 294n, 322n, 341n; cited, 288n, 293 JEWS: and Philadelphia celebration, 265 JOHNSON, JOSHUA (Conn.), 288-90 JOHNSON, WILLIAM SAMUEL (Conn.; CC:Vol. 1, 227n-28n) -letter to: quoted, 193n JOHNSTON, JAMES (Ga.), 249 JOHNSTON, SAMUEL (N.C.): in N.C. Con- vention, 312, 320, 404 JONES, SAMUEL (N.Y.): id., 258n; in N.Y. Convention, 258n, 295 -letter to, 256-58 JONES, WILLIE (N.C.): id., 66n; in N.C. Convention, 288n, 312 JUDICIAL REVIEW: importance of to civil liberties, 89, 92; justification of, 89-91; by state judiciaries is check on state leg- islatures, 92; over state legislation, 97; no danger from in Constitution, 103-4. See also Judiciary, U.S. JUDICIARIES, STATE: required to take oath to defend supremacy of Constitution, 76; judicial review by as check on state legislatures, 92; removal of judges in N.Y., 95-96, 96n; salaries of judges in Mass., 96, 96n; under control of state legislatures, 103; judicial decisions of cannot be overturned by legislatures, 105; objection to use of to try federal cases, 106-7; should be combined with federal judiciary to form district courts, 107; will not be endangered by Consti- tution, 110-11, 112; concurrent juris- diction of with federal judiciary, 112- 13; retain much of their jurisdiction out- side federal sphere, 117-18; admiralty courts in during Confederation, 120, 121; under Articles of Confederation, 120-21, 121, 124-25; civil cases to orig- inate in, 188; praise of elimination of jurisdiction of over foreigners, 256; should serve as inferior courts in federal cases, 304, 348, 349 JUDICIARY, U.S., 40-41, 88; will be part of tyranny created by Constitution, 6; Anti- federalists fear impartiality of, 17; pro- hibition of dual officeholding by, 45, 305, 349; independence of judges of, 75, 181, 255; will rule against states in tax matters, 76; appointment of, 87; ten- ure of, 87-89, 91-93, 95-96, 104; is least dangerous and weakest branch of government, 88; salaries of, 94-96, 134, 205, 319, 348; and interstate relations, 97, 98-99; and law of nations, 97, 98; Congress will not reverse decisions by, 105; impeachment of, 105-6; will not endanger legislative authority, 105-6; will assure fair trials, 160; no danger from, 181; will probably be organized properly by Congress, 182; judges should take oaths in impeachment cases, 304-5; grand juries necessary to indict in cases with capital or infamous pun- ishment, 348; summary of proposed amendments concerning, 348-49 - inferior courts: creation of, 106-7, 114, 116, 304, 324, 349; appellate jurisdic- tion of from state courts, 114; Va. and N.C. conventions propose limited num- ber of, 204-5, 318 -jurisdiction of: in suits between citizens of different states, 46; in cases of states and citizens of other states, 52; over for- eigners, 52, 256; too extensive, 73, 111n, 204-5, 275, 300, 305, 318; de- fense of, 97-102, 103-11, 117, 255, 256; appeals under should be limited, 107; concurrent with state judiciaries, 112-13; and appeals from state courts, 114; restrictions on in civil cases, 188, 188n-89n; states cannot be tried by, 300; appeals only for matters of law, 300, 348; treaties cannot be used to in- crease, 349 - Supreme Court: jurisdiction of should not include facts, 77; defense of juris- diction of, 103-6, 107, 110; defense of appellate jurisdiction of as to facts, 108- 10; appellate jurisdiction of from state courts, 113-14; dual officeholding by prohibited, 305, 349; review of cases de- cided by, 305, 349; no appeal of civil cases under certain value, 348; no ap- peal of criminal cases to, 348; jurisdic- tion of limited with respect to states, 349; proposed amendment outlining ap- pellate jurisdiction of, 349; proposed amendment outlining original jurisdic- tion of, 349; John Adams as possible first Chief Justice of U.S., 395 See also Common law; Great Britain, le- gal and judicial system of; Judicial re- view; Judiciaries, state; Jury trials JURY TRIALS, 6; endangered by Constitu- tion, 75; necessary for liberty, 75, 118, 179, 299; do not exist at federal level 435
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