Honors Theses
Date of Award
2012
Document Type
Undergraduate Thesis
Department
History
First Advisor
Sheila Skemp
Relational Format
Dissertation/Thesis
Abstract
The federal court system under the United States Constitution varied substantially from the English judicial system. This thesis will explore the extent to which the Court of Session, Scotland’s highest court, influenced the form of the United States federal court system. First, the thesis will examine the Acts of Union of 1707, the contract binding the kingdoms of England and Scotland into one political body. The language of the Acts of Union, specifically the language regarding the form and power of the Court of Session, will serve to draw a parallel with the United States Constitution. Next, the thesis will explore the nature of the judiciary in the Early Republic, especially the purpose of the framers of the Constitution and the role, organization, and individuals of the pre-Marshall Supreme Court. Here, the thesis will focus especially on the views and writings of James Wilson, an original Associate Justice of the Supreme Court who was bom and educated Finally, the thesis will investigate McCulloch v Maryland 17 U.S. 316 (1819) and the establishment of, and objections, particularly those of Virginians Thomas Ritchie and Spencer Roane, to, federal supremacy, and the court’s defense of that supremacy, in the United States of America.
Recommended Citation
Suess, Matthew Karl, "The Scottish Court of Session and Federal Supremacy in the United States of America" (2012). Honors Theses. 2432.
https://egrove.olemiss.edu/hon_thesis/2432
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