Judicial Jurisdiction: A Reference Guide to the United States Constitution

by Patrick Baude

Overview

One of the ways in which the American constitution is unique among the world's mature democracies is the vesting of the power of constitutional review in the ordinary courts rather than in a specialized constitutional body. Baude uses frank, understandable language to explain the relationship between the constition and our rule of law.

Without technical jurisdictional jargon, Baude is able to survey historical cases to analyze Article III, section 2 of the United States Constitution. However, Baude's work is vastly different from analytical works based on philosophical and technicalities of judicial jurisdiction. This work explores the relationship between the two, without drawing on the covert ideological premises of legal liberalism.

Product Details

ISBN-13:	9780313312045
Publisher:	Bloomsbury Academic
Publication date:	02/28/2007
Series:	Reference Guides to the United States Constitution , #19
Pages:	154
Product dimensions:	6.14(w) x 9.21(h) x 0.44(d)

About the Author

Patrick Baude is Fuchs Professor of Law at Indiana University, Bloomington, where he has taught constitutional law since 1968. He has also taught at the University of Illinois, the University of Paris, and Warsaw University. His research involves various aspects of federalism, focused on federal courts and state constitutions. He has also been special counsel to the Governor of Indiana and President of the Indiana Board of Law Examiners. He holds a J.D. from the University of Kansas and a Master of Law from Harvard.

Table of Contents

Series Foreword   Jack Stark     ix
Acknowledgments     xiii
Introduction     xv
A History of the Federal Court System     1
The Colonial System     1
The Articles of Confederation     2
The Constitutional Convention     2
Ratification Debates in the State Conventions     6
The First Congress     7
Marbury v. Madison and the Judicial Power     8
Defining "Citizens of Different States": Strawbridge v. Curtiss     10
Martin v. Hunter's Lessee and Appellate Jurisdiction over State Courts     11
Osborn v. Bank of the United States: The Beginning of Federal Questions in Federal Trial Courts     13
Swift v. Tyson and the Federal Common Law     15
Ex parte McCardle and Stripping the Federal Courts' Jurisdiction     17
Murdock v. City of Memphis and the Independence of State Law     18
Frank v. Mangum and the Great Writ     21
Erie Railroad v. Tompkins and the Failure of the Federal Common Law     23
Fay v. Noia and the Modern Scope of Habeas Corpus     25
Younger v. Harris and Federal Court Injunctions against State Trials     28
Bivens v. Six Unknown Named Agents of Federal Bureau of Narcotics: The Constitution as Sword RatherThan Shield     29
Northern Pipeline Construction Co. v. Marathon Pipe Line Co. and Judges Outside Article III     30
Michigan v. Long and Adequate State Grounds     34
Webster v. Doe: Are Courts Essential to Due Process?     36
Notes     38
Analysis     41
Taking Jurisdiction Which Is Given     41
Adding Jurisdiction Which Is Not Given     47
Questions of Federal Law     47
Protective Jurisdiction     49
The Boundaries of a Case (or Controversy)     57
Standing     57
Collateral State Law Issues     62
Section 2 as a Structure of Federalism     65
Adequate State Grounds     65
The Parity of State Courts     68
Habeas Corpus     68
Federal Civil Rights Suit     75
Social Change and Diversity Jurisdiction     78
The Policy Debate     78
Diversity Doctrine     80
The Federal Common Law     85
In Diversity Cases     85
In Federal Question Cases     91
Cases Arising under the Constitution     95
Implied Statutory Causes of Action     98
Courts outside Article III      101
Imagining the Future of Article III, Section 2     108
Notes     109
Bibliographic Essay     119
Table of Cases     127
Index     133

Editorial Reviews

Focusing only on those aspects of the topic that are directly tied to the provision of Article III, section 2, of the US Constitution as opposed to legislatively created issues, Baude examines the development of federal jurisdiction in the United States and examines jurisdiction controversies through American history into the present. About half the work is devoted to historical narrative tracing jurisdiction from the Constitutional Convention through the 1988 Supreme Court decision in Webster v. Doe, concerning the right of the courts to review an employee dismissal decision of the Director of the Central Intelligence Agency. The remainder of the text is devoted to analysis of the constitutional law of federal jurisdiction.” —Reference & Research Book News

From the Publisher