NORTH CAROLINA LAW REVIEW Volume 87 Article 3 Number 6 North Carolina Issue 9-1-2009 The Origins of an Independent Judiciary in North Carolina, 1663-1787 Scott .D Gerber Follow this and additional works at: http://scholarship.law.unc.edu/nclr Part of the Law Commons Recommended Citation Scott .D Gerber, The Origins of an Independent Judiciary in North Carolina, 1663-1787, 87 N.C. L. Rev. 1771 (2009). Available at: http://scholarship.law.unc.edu/nclr/vol87/iss6/3 This Article is brought to you for free and open access by Carolina Law Scholarship Repository. It has been accepted for inclusion in North Carolina Law Review by an authorized administrator of Carolina Law Scholarship Repository. For more information, please contact
[email protected]. THE ORIGINS OF AN INDEPENDENT JUDICIARY IN NORTH CAROLINA, 1663-1787 ° SCOTT D. GERBER** "The complete independence of the courts of justice is peculiarly essential in a limited Constitution." -Alexander Hamilton, The FederalistNo. 78 (1788) An independent judiciary is one of the great American contributions to constitutional theory. This Article traces the origins of that idea in North Carolina, one of only a small handful of states to adopt it prior to the Federal Constitution of 1787. Although the North Carolina judiciary did not become independent until the state's first constitution in 1776, the almost continuous conflict between the executive and the assembly over control of the courts, and the political theorizing that suggested a solution to that conflict, directly influenced the nature of the judicial institution embodied in the state's original organic law.