Constitutional Law Article

Article III and the Scottish Judiciary

Vol. 124 No. 7 Historically minded scholars and jurists invariably turn to English law and precedents when attempting to recapture the legal world of the Framers. Blackstoneā€™s famous Commentaries on the Laws of England offers a convenient reference for moderns looking backward. Yet the generation that framed the Constitution often relied on other sources, including Scottish law and legal institutions. Indeed, the Scottish judicial system provided an important, but presently overlooked, model for the Framing of Article III.