NCJ Number
119418
Journal
University of Pennsylvania Law Review Volume: 133 Issue: 5 Dated: (June 1985) Pages: 1003-1116
Date Published
1985
Length
114 pages
Annotation
This article, Part One of a two-part essay, reexamines the U.S. Supreme Court's 1812 decision in United States v. Hudson, traces the evolution of Federal common law in Hudson, and identifies political developments that shaped the controversy over common-law adjudication by the Federal courts.
Abstract
The 18th century political climate that gave rise to the issue of common-law powers of the Federal judiciary is discussed in detail, and the debate over Federal common-law authority is examined. Many believed that Federal judges should not "make" law but should be guided by Federal statutes. Others pointed out that legislators could not anticipate all punishable events and circumstances and that a common law approach was both necessary and practical. This article details the position taken by political groups in the late 18th and early 19th centuries as the issue was debated by the executive and legislative branches of the U.S. government. 134 footnotes.