NCJ Number
117413
Journal
University of Pennsylvania Law Review Volume: 133 Issue: 6 Dated: (July 1985) Pages: 1231-1333
Date Published
1985
Length
103 pages
Annotation
This essay continues a discussion of the controversy over Federal common-law jurisdiction that arose in the late 18th century and early 19th century and focuses on the issues underlying this controversy and their relevance to modern Federal common law.
Abstract
The discussion trades the manner in which the common law became central to the controversy over criminal adjudications in Federal courts during the decades prior to the case of United States v. Hudson in 1812. The analysis shows why the discussion of common law and Federal courts led to Republican charges that a consolidated national government was being imposed upon the nation. Various usages of the term 'common law' are also examined, with emphasis on the crucial features of theories about judicial jurisdiction and the nature of the law. The analysis concludes that the questions that were asked about the common-law powers of Federal courts in the early debates are not similar to the ones that arise today. Appended statements by John Marshall and 447 footnotes.