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A Distinct Judicial Power$
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Scott Douglas Gerber

Print publication date: 2011

Print ISBN-13: 9780199765874

Published to Oxford Scholarship Online: September 2011

DOI: 10.1093/acprof:oso/9780199765874.001.0001

New York

Persistent Threats to Judicial Independence

Chapter:
(p. 247 ) Chapter 12 New York
Source:
A Distinct Judicial Power
Author(s):

Scott Douglas Gerber

Publisher:
Oxford University Press
DOI:10.1093/acprof:oso/9780199765874.003.0024

New York has long played a prominent role in the constitutional history of the United States. Notably, The Federalist Papers—a series of newspaper articles penned pseudonymously by Alexander Hamilton, James Madison, and John Jay that are widely regarded as the great exegesis of American political theory—were written to persuade the people of New York to ratify the nation's current organic law. The fear was that, without New York's approval, the U.S. Constitution would not be enacted. This chapter chronicles New York's rich constitutional history and the impact that history had on the independence of the state's judiciary.

Keywords:   constitutional history, independent judiciary, judicial power, organic law

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