Category: J
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Judicial Review
The Establishment of Judicial ReviewJudicial review is one of the distinctive features of United States constitutional law. It is no small wonder, then, to find that the power of the federal courts to test federal and state legislative enactments and other actions by the standards of what the Consti…
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Judgments
Judgments in GeneralArticle IV, § 1, has had its principal operation in relation to judgments. Embraced within the relevant discussions are two principal classes of judgments. First, those in which the judgment involved was offered as a basis of proceedings for its own enforcement outside the s…
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Judgments in Personam
Judgments in PersonamWhen the subject matter of a suit is merely the defendant's liability, it is necessary that it should appear from the record that the defendant has been brought within the jurisdiction of the court by personal service of process, or by his voluntary appearance, or that he ha…
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Judgments in Rem
Judgments in RemIn sustaining the challenge to jurisdiction in cases involving judgments in personam, the Court in the main was making only a somewhat more extended application of recognized principles. In order to sustain the same kind of challenge in cases involving judgments in rem it has had to …
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Judgments of Foreign States
Judgments of Foreign StatesDoubtless Congress, by virtue of its powers in the field of foreign relations, might also lay down a mandatory rule regarding recognition of foreign judgments in every court of the United States. At present the duty to recognize judgments even in national courts rests only…
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Jurisdiction of the Inferior Federal Courts
Jurisdiction of the Inferior Federal CourtsThe Framers, as we have seen,1 divided with regard to the necessity of courts inferior to the Supreme Court, simply authorized Congress to create such courts, in which, then, judicial power "shall be ve…
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Jurisdiction Cases
The Two Classes of Cases and ControversiesBy the terms of the foregoing section, the judicial power extends to nine classes of cases and controversies, which fall into two general groups. In the words of Chief Justice Marshall in Cohens v. Virginia: 1…
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Judicial Immunity
Judicial Immunity from SuitUnder common law-the Supreme Court has not elevated judicial immunity from suit to a constitutional principle-judges "are responsible to the people alone for the manner in which they perform their duties. If faithless, if corrupt, if dishonest, if partial, if oppressi…
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Jurisdiction Controversies
Judicial Power and Jurisdiction-Cases and ControversiesThe potential for abuse of judicial power was of concern to the Founding Fathers, leading them to establish limits on the circumstance in which the courts could consider cases. When, late in the Convention, a delegate proposed to extend the judi…
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Judicial Power
Judicial Power, Courts, JudgesThe judicial Power of the United States, shall be vested in one supreme Court, and in such inferior Courts as the Congress may from time to time ordain and establish. The Judges, both of the supreme and inferior Courts, shall hold their Offices during good Behaviour, an…
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Judges Salaries
Diminution of Salaries"The Compensation Clause has its roots in the longstanding Anglo-American tradition of an independent Judiciary. A Judiciary free from control by the Executive and the Legislature is essential if there is a right to have claims decided by judges who are free from potential…
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Judicial Power Attributes
Characteristics and Attributes of Judicial PowerJudicial power is the power "of a court to decide and pronounce a judgment and carry it into effect between persons and parties who bring a case before it for decision." 1 It is "the righ…
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Jefferson
Jefferson's Real PositionNor did Jefferson himself officially support Madison's point of view, as the following extract from his "minutes of a Conversation," which took place July 10, 1793, between himself and Citizen Genet, show: "He asked if they [Congress] were not the sove…
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Johnson Impeachment
The Johnson ImpeachmentPresident Andrew Johnson was impeached by the House on the ground that he had violated the "Tenure of Office" Act 1 by dismissing a Cabinet chief. The theory of the proponents of impeachment was succinctly put by Repr…
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Judges
Judges (Persons Subject to Impeachment)Article III, section 1 specifically provides judges with "good behavior" tenure, but the Constitution nowhere expressly vests the power to remove upon bad behavior, and it has been assumed that judges are made subject to the impeachment power through…