Constitutional Origins of the Federal Judiciary
        - The Federal Convention of 1787
        - Ratification Debates
        - The Judiciary Act of 1789

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An Independent Judiciary
        - Support for an independent judiciary in three-part system of government
        - Outline of judiciary emerged from debates in the Federal Convention

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Models and Experience
        - The British Model – judges served with lifetime tenure “during good behavior”
        - State Constitutions – service during good behavior, fixed salaries, beginnings of judicial review
        - No precedent for federal judiciary

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Madison’s Virginia Plan	
        - One or more supreme courts and federal trial courts
        - Judges appointed by Congress, serve during good behavior, fixed salary
        - Council of Revision – judges and executive review legislation

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Defining the Judiciary
        - Appointment of Judges
        - Judges’ Term of Office
        - Judges’ Salaries
        - Judicial Review
        - Federal and State Jurisdiction

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Appointment of Judges
        - President alone – too monarchical?
        - Congress – would they have the experience and knowledge?
        - Senate – would this insure judges from throughout the nation?
        - President, with Senate veto power?
        - President with advice and consent of the Senate

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Judges’ Term of Office
        - Agreement on lifetime tenure “during good behavior”
        - What standard of good behavior?

		Removal for misjudgments and 	errors?

		Removal for crimes and 	misdemeanors?

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Removal of Judges
        - Who decides if judges violated standard for good behavior?
        - Model of legislative 		recommendation, executive removal
        - Need for trial?

Impeachment by House of Representatives, Trial in Senate

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Judges’ Salaries
        - Fixed salaries or increases to attract talent?
        - Would Congress use judicial salaries to pressure judges?
        - Fixed scale for increases?
        - No reductions in salary, but Congress could increase

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Council of Revision?
        - Madison: council of judges and the executive to counter legislative power
        - Would it violate separation of powers?
        - Should judges have role in framing legislation?

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Judicial Review
        - Expectations of Judicial Review
        - Delegates recognized judicial authority to void laws violating the Constitution
        - Belief that judges should only comment on laws after enactment
        - Constitution silent on judicial review – Veto power exclusive to President

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Lower Federal Courts
        - Federal courts or state courts as trial courts for cases involving federal jurisdiction?
        - Congress granted authority but not required to establish federal trial courts

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Federal Court Jurisdiction
        - Jurisdiction over all cases under Constitution, federal laws, and treaties
        - Jurisdiction over disputes between states and between citizens of different states
        - Recognition of state courts’ jurisdiction in many areas

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Antifederalist Critics
        - Federal courts a threat to state courts
        - Distant courts would put justice out of reach for many citizens
        - Threats to jury trials
        - No requirement for civil jury trials
        - No prohibition on retrial of criminal cases without a jury

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The Federalist Defense
        - Judiciary the “least dangerous branch”
        - Judiciary protects popular will
        - Life tenure and salary protections guard against political corruption
        - Supremacy of federal law ensures equal rights
        - National judiciary to protect national security

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Ratification
        - State Conventions recommend amendments:
        - Protect rights to jury trials
        - Prohibit retrial of facts in criminal case
        - Protect citizens from burdensome suits in distant courts
        - Limit jurisdiction of federal trial courts
        - A Bill of Rights

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Judiciary Act of 1789
        - Three tier system of federal courts
        - Recognition of Antifederalist critics
        - Shared jurisdiction with state courts
        - Acknowledged state borders and legal traditions
        - Supreme Court justices required to serve on regional federal courts

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Bill of Rights
        - Focus on civil liberties and rights of criminal defendants
        - Rejected proposals to reorganize federal judiciary
        - Jury guaranteed in most civil and criminal trials
        - No retrial in federal courts of facts determined by a jury

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