PUBLIUS
1. Article 3, Sec. 1.
2. This power has been absurdly represented as intended to abolish all
the county courts in the several States, which are commonly called
inferior courts. But the expressions of the Constitution are, to
constitute "tribunals INFERIOR TO THE SUPREME COURT"; and the evident
design of the provision is to enable the institution of local courts,
subordinate to the Supreme, either in States or larger districts. It is
ridiculous to imagine that county courts were in contemplation.
3. This word is composed of JUS and DICTIO, juris dictio or a speaking
and pronouncing of the law.
4. I hold that the States will have concurrent jurisdiction with the
subordinate federal judicatories, in many cases of federal cognizance,
as will be explained in my next paper.
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FEDERALIST No. 82
The Judiciary Continued
From McLEAN's Edition, New York.
Wednesday, May 28, 1788
HAMILTON
To the People of the State of New York:
THE erection of a new government, whatever care or wisdom may
distinguish the work, cannot fail to originate questions of intricacy
and nicety; and these may, in a particular manner, be expected to flow
from the establishment of a constitution founded upon the total or
partial incorporation of a number of distinct sovereignties.
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