One Supreme Court: Supremacy, Inferiority, and the Judicial Department of the United States

Hardcover | May 23, 2009

byJames E Pfander

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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 hearfederal 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, andadministrative 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 theCourt 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, itscontrol over the doctrine of vertical stare decisis, and its ability to craft rules of practice for the federal system.

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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 hearfederal claims and the degree to which fede...

James Pfander is the Prentice H. Marshall Professor of Law at the University of Illinois College of Law. Since 1998, Professor Pfander has served as a consultant to the Federal-State Jurisdiction Committee of the Judicial Conference of the United States, in which capacity he considers the impact of proposed legislation on the jurisdic...

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Format:HardcoverDimensions:250 pages, 9.25 × 6.13 × 0.98 inPublished:May 23, 2009Publisher:Oxford University PressLanguage:English

The following ISBNs are associated with this title:

ISBN - 10:0195340337

ISBN - 13:9780195340334

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