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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

Massachusetts

A “Safety-Valve” Theory of Judicial Independence

Chapter:
(p. 69 ) Chapter 4 Massachusetts
Source:
A Distinct Judicial Power
Author(s):

Scott Douglas Gerber

Publisher:
Oxford University Press
DOI:10.1093/acprof:oso/9780199765874.003.0016

Massachusetts was among the most consequential of the original thirteen states. Many of the events that led to the Declaration of Independence took place there: the Boston Massacre, the Boston Tea Party, and the shot heard—around the world—to mention three that have become American folklore. Massachusetts was also home to a number of the most influential figures in early American history: William Bradford, John Winthrop, James Otis, and John Adams. Most important for present purposes, Massachusetts, through the determined efforts of John Adams, played a leading role in the origins of an independent judiciary in the United States. This chapter chronicles the genesis of Adams's idea in Massachusetts.

Keywords:   John Adams, independent judiciary, judicial power, William Bradford, Massachusetts, John Winthrop, James Otis

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