ABSTRACT

During the Philadelphia Convention there was little, if any, debate on creation of the federal court system. It was clear that a judiciary was needed, but how much power and how broad a reach the federal courts were to have were rarely discussed. One issue that did arise was whether the federal court system was to consist of one high court at the apex of a federal judicial system or a high court exercising only appellate jurisdiction over state courts which would initially hear all but a select group of cases raising national issues.