James Prescott

Constitutional Amendments Targeting the Federal Courts 1789-1865 James Prescott

This work examines proposed amendments to the U. S. Constitution designed to reduce the powers of the federal judiciary that were formally introduced into Congress between 1789 and 1865. The text and sponsor of each amendment proposal is presented and analyzed in terms of probable motivations of the sponsor as well as votes for and against with regard to Supreme Court decisions and public policy issues of the day. The subject matter of each proposed amendment is divided into chapters examining such issues as curtailment of jurisdiction, term and age limits for federal judges, the creation of a new tribunal to resolve issues of federalism, and miscellaneous issues such as salaries, composition of the Supreme Court, and prohibitions upon extra-judicial assignments for federal judges. The book exposes efforts by individual members of Congress to utilize the constitutional amendment process to effect permanent changes to the federal judiciary during vitally important formative periods of American government. Important aspects of the inter-institutional dynamics between the legislative and judicial branches of American government are demonstrated.