The Federalist, On the New Constitution; 2

Cover The Federalist, On the New Constitution; 2
The Federalist, On the New Constitution; 2
Hamilton Alexander
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The constitu.
tion, in direct terms, gives an appellate jurisdiction to tlie supreme court in all the enumerated cases of federal cognizance, in which it is not to have an original one ; without a single expression to confine THE FEDERALIST. 267 its operation to the inferior federal courts. The ob- jects of appeal, not the tribunals from which it is to be made, are aldne contemplated. From this circum* stance, and from the reason of the thing, it ought to be construed to extend to the state tri
...bunals. Ei- ther this must be the case, or the local courts must be excluded from a concurrent jurisdiction in matters of national concern, else the judiciary authority of the luiion may be eluded at the pleasure of every plain tifiC ©r prosecutor. Neither of these consequences ought, without evident necessity, to be involved ; the latter would be entirely inadmissible, as it would defeat some of the most important and avowed purposes of the proposed government, and would essentially em- barrass its measures.

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