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Lecture 10
The Power of Federal Courts, Focus on Federalism
4
Law
Undergraduate 3
10/14/2011

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Term
Judiciary Act of 1801
Definition
reduces the number of justices from 6 to 5, expands the scope of federal jurisdiction, gives the federal courts subject matter/federal questions jurisdiction and expands diversity jurisdiction, ending the practice of circuit riding, wherein Supreme Court justices would sit with judges of lower courts and “help them decide,” created 16 new federal judgeships, staffed with federalist judges, new justice of the peace for DC
Term
Repeal Act of 1802
Definition
repeals Judiciary Act of 1801, removing federal questions jurisdiction, abolishing judgeships of those appointed to new positions
Term
Judiciary Act of 1802
Definition
restores circuit riding, no new judgeships, moves Supreme Court term back a year to prevent overruling
Term
Stuart v. Laird (1803)
Definition
In this case, the Supreme Court has two options: rule the Repeal Act unconstitutional and risk backlash from the Anti-Federalist party or rule in favor, allowing the rule of the 16 appointed judges→they establish the precedent that Congress can establish and structure the courts and may transfer jurisdiction
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