In Essay #82,The Judiciary Continued, Alexander Hamilton addresses the concern about conflicts arising from the existence of federal and state courts – the “doctrine of concurrent jurisdiction,” i.e., which courts have primary jurisdiction, and how appeals should be made from lower courts to higher.
He is explaining the passage in the Constitution that states, “The JUDICIAL POWER of the United States SHALL BE VESTED in one Supreme Court, and in SUCH inferior courts as the Congress shall from time to time ordain and establish.”
Hamilton presents a number of cases as examples and draws the conclusion that the national government and state governments were “parts of ONE WHOLE” – in a sense, kindred systems. The state courts would have concurrent jurisdiction in all cases arising under federal law, except where “expressly prohibited.”
The Constitution sought to create a coherent legal system that would ensure laws would be enforced uniformly throughout the country. Thus, the Constitution would not take away the powers of the state courts, as the anti-federalists feared, but rather integrate them into a cohesive national system.
Credit for the summary and analysis of Essay #82 is given to Brittany Nelson and Christopher Higgins (second revision 09/15/2011). Weinbloom, Elizabeth ed. “The Federalist Papers Essay #82 Summary and Analysis”. GradeSaver, 30 December 2011 Web. 20 February 2019.
You can read a summary and analysis of Essay #82 by clicking HERE.
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