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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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