Why would that matter? Why is it said that any judge who accepted such salary in an enemy to the constitution? Read page 108 1st paragraph New York…insisted on the legality of allowing jury decisions on “In matters of fact as well as law to be appealed to the governor and council.” Why did the public feel this was and scandalous in its deliberate subversion of “arbitrary the British Constitution?” Document #4 Excerpts from the Declaration of Independence – He has obstructed the administration of justice, by refusing his assent to laws for establishing judiciary powers. He has made judges dependent on his will alone, for the tenure of their offices, and the amount and payment of their salaries. For imposing taxes on us without our consent: For depriving us in many of the benefits of trial by jury: Document based questions What specific grievances are listed regarding the court system? How could these problems have been remedied by the King? Document# 5 from Brutus No. 11, 1788 –Excerpt It is, moreover, of great importance, to examine with care the nature and extent of the judicial power, because those who are to be vested with it, are to be placed in a situation altogether unprecedented in a free country. They are to be rendered totally independent, both of the people and the legislature, both with respect to their offices and salaries. No errors they may commit can be corrected by any power above them, if any such power there be, nor can they be removed from office for making ever so many erroneous adjudications Document based question According to the author(s) what is the unprecedented authority of the judiciary? What is the consequence if they make an error in judgment? Document# 6–Excerpt from Brutus No. 15, 1788 under this constitution will controul the legislature, for the supreme court are …judges authorised in the last resort, to determine what is the extent of the powers of the Congress; they are to give the constitution an explanation, and there is no power above them to set aside their judgment. The framers of this constitution appear to have followed that of the British, in rendering the judges independent, by granting them their offices during good behaviour, without
Why would that matter? Why is it said that any judge who accepted such salary in an enemy to the constitution? Read page 108 1st paragraph “In New York…insisted on the legality of allowing jury decisions on matters of fact as well as law to be appealed to the governor and council.” Why did the public feel this was “arbitrary and scandalous in its deliberate subversion of the British Constitution?” Document #4 – Excerpts from the Declaration of Independence He has obstructed the administration of justice, by refusing his assent to laws for establishing judiciary powers. He has made judges dependent on his will alone, for the tenure of their offices, and the amount and payment of their salaries. For imposing taxes on us without our consent: For depriving us in many of the benefits of trial by jury: Document based questions What specific grievances are listed regarding the court system? How could these problems have been remedied by the King? Document# 5 –Excerpt from Brutus No. 11, 1788 It is, moreover, of great importance, to examine with care the nature and extent of the judicial power, because those who are to be vested with it, are to be placed in a situation altogether unprecedented in a free country. They are to be rendered totally independent, both of the people and the legislature, both with respect to their offices and salaries. No errors they may commit can be corrected by any power above them, if any such power there be, nor can they be removed from office for making ever so many erroneous adjudications Document based question According to the author(s) what is the unprecedented authority of the judiciary? What is the consequence if they make an error in judgment? Document# 6–Excerpt from Brutus No. 15, 1788 …judges under this constitution will controul the legislature, for the supreme court are authorised in the last resort, to determine what is the extent of the powers of the Congress; they are to give the constitution an explanation, and there is no power above them to set aside their judgment. The framers of this constitution appear to have followed that of the British, in rendering the judges independent, by granting them their offices during good behaviour, without
DBQ%20How%20did%20the%20Framers%20of%20the%20Constitution%20Develop%20the%20format%20of%20the%20Supreme%20Court.docx