Courts in Early America
In Colonial America, because judges were appointed and paid for by the Crown, they were seen as an extension of Royal authority and its tyranny. Consequently, as states created their own constitutions after 1776, most gave the power to appoint judges to the legislature. This resulted in legal decisions based on the whims of the majority, while minority rights were often denied. Thus, creating an independent federal judiciary based on fixed principles with a clear separation of power from the other branches was one of the goals of the Constitutional Convention.
Tom Hand, creator and publisher of Americana Corner, discusses the ideas behind the creation of a national judiciary, and why it still matters today.
Images courtesy of Encyclopedia Virginia, Wikimedia, New York Public Library, Metropolitan Museum of Art, The Encyclopedia of Greater Philadelphia, Library of Congress, National Archives, National Gallery of Art, National Portrait Gallery - Smithsonian Institution.
The court system in Colonial America, not surprisingly, mirrored that of Great Britain and became one of the great sources of discontent as American colonists moved towards independence. The main issue was over who would control or have the greatest influence on the judiciary.