Scott Douglas Gerber

in A Distinct Judicial Power

Published in print May 2011 | ISBN: 9780199765874
Published online September 2011 | e-ISBN: 9780199896875 | DOI:

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Connecticut delegates to the Federal Convention of 1787 fashioned what has come to be known as the “Connecticut Compromise,” a plan that broke a deadlock over how many representatives each state may elect to the U.S. Congress. The compromise earned Connecticut the nickname the “Constitution State.” Connecticut is also known as the Constitution State for another reason: its Fundamental Orders of 1638/9 was, as one historian concisely put it, “the first document written by a representative body setting up a framework for government.” This chapter shows that Connecticut did not lead the way to judicial independence. In fact, it was not until the Connecticut Constitution of 1818 that the Connecticut judiciary became a separate branch of government, the same year in which Congregationalism was disestablished in the state.

Keywords: independent judiciary; judicial power; Connecticut Compromise; U.S. Congress

Chapter.  7899 words. 

Subjects: Constitutional and Administrative Law

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