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One Supreme Court - Supremacy, Inferiority, and the Judicial Department of the United States (Hardcover, New)
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One Supreme Court - Supremacy, Inferiority, and the Judicial Department of the United States (Hardcover, New)
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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 hear federal 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, and administrative 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 the
Court 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, its control over the doctrine of
vertical stare decisis, and its ability to craft rules of practice
for the federal system.
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