Article I, Section 8, Clause 9
To constitute Tribunals inferior to the supreme Court;
The Federalist and Federalist essays
- quoted bySuggestedA Native of Virginia, Article I, ¶ 67
To conſtitute tribunals inferior to the Supreme Court;
The paragraph prints Article I, Section 8, Clause 9 of the Constitution as signed; the quoted words are the same as the clause's (apart from capitals and the long s), though the pamphlet's punctuation differs in places.
- cited bySuggestedA Native of Virginia, Article I, ¶ 70
MOST of theſe powers, the preſent Congreſs poſſeſs, and •ne of them have been objected to, except what relates to Courts, which will be taken notice of hereafter.
The paragraph says that of these powers, the one that has been objected to is "what relates to Courts," which is the power to constitute inferior tribunals in Article I, Section 8, Clause 9.
- cited bySuggestedFederalist No. 81, ¶ 9
Having now examined, and, I trust, removed the objections to the distinct and independent organization of the Supreme Court, I proceed to consider the propriety of the power of constituting inferior courts,[2] and the relations which will subsist between these and the former.
Names "the power of constituting inferior courts," and the footnote attached to those words gives "the expressions of the Constitution" as "to constitute tribunals inferior to the supreme court," the words of this clause.
- quoted byReviewedFederalist No. 81, note 2
But the expressions of the Constitution are, to constitute “tribunals INFERIOR TO THE SUPREME COURT”; and the evident design of the provision is to enable the institution of local courts, subordinate to the Supreme, either in States or larger districts.
The footnote quotes the words of this clause, introducing them as "the expressions of the Constitution."
- quoted bySuggestedFederalist No. 81, ¶ 11
To confer the power of determining such causes upon the existing courts of the several States, would perhaps be as much “to constitute tribunals,” as to create new courts with the like power.
Quotes in quotation marks the opening words of this clause, "to constitute tribunals," in discussing the power of constituting inferior courts. Medium because only two words are quoted.
- quoted byReviewedFederalist No. 82, ¶ 7
The plan of the convention, in the first place, authorizes the national legislature “to constitute tribunals inferior to the Supreme Court.”[2] It declares, in the next place, that “the JUDICIAL POWER of the United States SHALL BE VESTED in one Supreme Court, and in such inferior courts as Congress shall…
The paragraph quotes this clause in quotation marks as authorizing the national legislature, and its footnote gives the place as "Section 8, Article 1."
Anti-Federalist essays
- cited bySuggestedAgrippa 6, ¶ 2
We find in it, that there is to be a legislative assembly, with authority to constitute courts for the trial of all kinds of civil causes, between citizens of different states.
The paragraph names the legislature's authority to constitute courts, the power in Article I, Section 8, clause 9, and echoes its word "constitute."
- quoted bySuggestedSydney 2, ¶ 9
By the 9th clause of the same section, " To constitute tribunals inferior to the court."
The paragraph cites "the 9th clause of the same section" (Article I, Section 8) and quotes it in quotation marks; the printed quotation lacks the word "supreme".
- quoted bySuggestedSydney 2, ¶ 34
or in the heads of departments." By the 1st art, 8 section, 9, 18 clauses, Congress have power " to constitute tribunals inferior to the supreme court, to make all laws which shall be necessary and proper for carrying into execution the foregoing powers, and all other powers vested by this constitution in the government of…
The paragraph cites "the 1st art, 8 section, 9, 18 clauses" and quotes the ninth in quotation marks.
Debates in Congress
- quoted bySuggestedHouse, August 18, 1789, ¶ 46
strike out the words ** tribunals inferior to the Supreme Court," and insert the words "courts of admiralty."
Following "Art. 1. sect. 8. clause 1." in the preceding paragraph, the proposal names "Clause 9" and quotes its words "tribunals inferior to the Supreme Court".
- cited bySuggestedHouse, August 22, 1789, ¶ 26
Article 1, section 8, clause 9, strike out the words, ‘‘tribunals superior to the Supreme Court," anfl insert the words " courts of admiralty."
The proposal names its place by number: "Article 1, section 8, clause 9".
On Article I, Section 8 as a whole
- cited bySuggestedHouse, January 6, 1865, ¶ 34
- cited bySuggestedHouse, August 27, 1962, ¶ 261
- cited bySuggestedSenate, June 12, 1911, ¶ 292
- cited bySuggestedSenate, February 16, 1933 (2), ¶ 291
- cited bySuggestedSenate, March 27, 1962 (3), ¶ 153
- cited bySuggestedMassachusetts convention, January 21, 1788, ¶ 31
- cited bySuggestedPennsylvania convention, December 4, 1787, ¶ 51
- cited bySuggestedRemarks on the New Plan, ¶ 6
- cited byFederalist No. 82, note 2
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