Chapter 10: The Judiciary
Roots of the Federal Judiciary
The detailed notes James Madison took at the Constitutional Convention in Philadelphia make it clear that the Framers devoted little time to writing Article III, which created the judicial branch of government.
The Framers believed that a federal judiciary posed little threat of tyranny.
One scholar has even suggested that, for at least some delegates to the Constitutional Convention, “provision for a national judiciary was a matter of theoretical…
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