Tag: Art. 3 Sec. 2
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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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Jury Trial
Trial By JuryThe Trial of all Crimes, except in Cases of Impeachment, shall be by Jury; and such Trial shall be held in the State where the said Crimes shall have been committed; but when not committed within any State, the Trial shall be at such Place or Places as the Congress may by Law…
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Right of the United States to Sue
Right of the United States to SueIn the first edition of his Treatise, Justice Story noted that while "an express power is no where given in the constitution," the right of the United States to sue in its own courts "is clearly implied in that part respecting the judicial power…. In…
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Citizenship of Corporations
Citizenship of CorporationsIn Bank of the United States v. Deveaux,1 Chief Justice Marshall declared: "That invisible, intangible, and artificial being, that mere legal entity, a corporation aggregate, is certainly not a citizen; and consequentl…
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Concurrency
Problems Raised by ConcurrencyThe Constitution established a system of government in which total power, sovereignty, was not unequivocally lodged in one level of government. In Chief Justice Marshall's words, "our complex system [presents] the rare and difficult scheme of one genera…
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Indian Tribes
Commerce With Indian TribesCongress's power to regulate commerce "with the Indian tribes," once almost rendered superfluous by Court decision,1 has now been resurrected and made largely the basis for informing judicial judgment with res…
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Suits Against States
Suits Against StatesControversies to which the United States is a party include suits brought against states as party defendants. The first such suit occurred in United States v. North Carolina,1 which was an action by the United States to recover up…
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Manufactured Diversity
Manufactured DiversityA litigant who, because of diversity of citizenship, can choose whether to sue in state or federal court, will properly consider where the advantages and disadvantages balance, and if diversity is lacking, a litigant who perceives the balance to favor the federal forum will som…
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Supreme Court Orders
Noncompliance With and Disobedience of Supreme Court Orders by State CourtsThe United States Supreme Court when deciding cases on review from the state courts usually remands the case to the state court when it reverses for "proceedings not inconsistent" with the Court's opinion. This …
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Maritime Law
Maritime Law (Necessary and Proper Clause)Congress may implement the admiralty and maritime jurisdiction conferred upon the federal courts by revising and amending the maritime law that existed at the time the Constitution was adopted, but in so doing, it cannot go beyond the reach of that jurisdict…
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Immunity of the United States
Immunity of the United States From SuitPursuant to the general rule that a sovereign cannot be sued in its own courts, the judicial power does not extend to suits against the United States unless Congress by statute consents to such suits. This rule first emanated in embryonic form in an obiter dict…
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Diversity Cases
The Law Applied in Diversity CasesBy virtue of § 34 of the Judiciary Act of 1789,1 state law expressed in constitutional and statutory form was regularly applied in federal courts in diversity actions to govern the disposition of such cases. But…
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Enforcement of Federal Law
Use of State Courts in Enforcement of Federal LawAlthough the states' rights proponents in the Convention and in the First Congress wished to leave to the state courts the enforcement of federal law and rights rather than to create inferior federal courts,<a name=t1 href=#f1 target="_self&q…
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Removal from State Court
Removal From State Court to Federal CourtA limited right to "remove" certain cases from state courts to federal courts was granted to defendants in the Judiciary Act of 1789,1 and from then to 1872 Congress enacted several specific removal …
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Suits Against Officials
Suits Against United States OfficialsUnited States v. Lee, a 5-to-4 decision, qualified earlier holdings that a judgment affecting the property of the United States was in effect against the United States, by ruling that title to the Arlington estate of the Lee family, then being used as a national …