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One Supreme Court
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One Supreme Court: Supremacy, Inferiority, and the Judicial Department of the United States

James E. Pfander

Abstract

Despite over two hundred years of experience with constitutional government, much remains unclear about the power of the political branches to curtail or re-define the judicial power of the United States. Uncertainty persists about the basis on which state courts and federal agencies may hear federal claims and the degree to which federal courts must review their decisions. Scholars approach these questions from a range of vantage points and have arrived at widely varying conclusions about the relationship between congressional and judicial power. Deploying familiar forms of legal analysis, an ... More

Keywords: federal courts, legal analysis, state court decisions, non-Article III tribunals, vertical stare decisis, federal system

Bibliographic Information

Print publication date: 2009 Print ISBN-13: 9780195340334
Published to Oxford Scholarship Online: September 2009 DOI:10.1093/acprof:oso/9780195340334.001.0001

Authors

Affiliations are at time of print publication.

James E. Pfander, author