Judiciary in Articles of Confederation

The Articles of Confederation and Perpetual Union was an abject failure, but the document served primarily two purposes during the period of March 1, 1781 to September 12, 1788. First the Articles provided the 13 colonies with a written constitution to limit arbitrary governance the colonies had to cope with under the Crown. Secondly, the Articles promoted a union between the states to reduce the possibility of continuous armed conflict noted in Europe. In regards to federal courts, the Articles were basically vacant.

Article IX provides Congress would act as the “…the last resort on appeal in all disputes and differences no subsisting or that hereafter may arise between two or more States…” There is a tad more guidance, but nothing that allowed for a true federal judiciary. This lack of final appellate jurisdiction left interpretation of law up to the states, without any resolution for contradictory state court decisions. 

So on to the constitutional debates related to Article III.

 

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