Tag: Cases
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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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Corporations Chartered by Congress
Corporations Chartered by CongressIn Osborn v. Bank of the United States,1 Chief Justice Marshall seized upon the authorization for the Bank to sue and be sued as a grant by Congress to the federal courts of jurisdiction in all cases to which the ban…
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Suits Against Government Corporations
Suits Against Government CorporationsThe multiplication of government corporations during periods of war and depression has provided one motivation for limiting the doctrine of sovereign immunity. In Keifer & Keifer v. RFC,1 the Court held that the g…
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Controversies
Controversies Between a State, or the Citizens Thereof, and Foreign States, Citizens, or SubjectsThe scope of this jurisdiction has been limited both by judicial decisions and the Eleventh Amendment. By judicial application of the law of nations, a foreign state is immune from suit in the federal co…
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Special Jurisdictional Grants
Federal Questions Resulting from Special Jurisdictional GrantsIn the Labor-Management Relations Act of 1947, Congress authorized federal courts to entertain suits for violation of collective bargaining agreements without respect to the amount in controversy or the citizenship of the parties.<a name=…
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Suits Between Two or More States
Suits Between Two or More StatesThe extension of federal judicial power to controversies between states and the vesting of original jurisdiction in the Supreme Court of suits to which a state is a party had its origin in experience. Prior to independence, disputes between colonies claiming charter r…
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Foreign States
Suits by Foreign StatesThe privilege of a recognized foreign state to sue in the courts of another state upon the principle of comity is recognized by both international law and American constitutional law.1 To deny a sovereign this privilege "w…
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Civil Rights Act Jurisdiction
Civil Rights Act JurisdictionPerhaps the most important of the special federal question jurisdictional statutes is that conferring jurisdiction on federal district courts to hear suits challenging the deprivation under color of state law or custom of any right, privilege, or immunity secured by the …
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Boundary Disputes
Boundary Disputes: The Law AppliedOf the earlier examples of suits between states, that between New Jersey and New York 1 is significant for the application of the rule laid down earlier in Chisholm v. Georgia that the Supreme Court may proceed ex pa…
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Narrow Construction of the Jurisdiction
Narrow Construction of the JurisdictionAs in cases of diversity jurisdiction, suits brought to the federal courts under this category must clearly state in the record the nature of the parties. As early as 1809, the Supreme Court ruled that a federal court could not take jurisdiction of a cause wher…
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Pendent Jurisdiction
Pendent JurisdictionOnce jurisdiction has been acquired through allegation of a federal question not plainly wanting in substance, 1 a federal court may decide any issue necessary to the disposition of a case, notwithstanding that other non-federal q…
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Suits between States
Modern Types of Suits Between StatesBeginning with Missouri v. Illinois & Chicago District,1 which sustained jurisdiction to entertain an injunction suit to restrain the discharge of sewage into the Mississippi River, water rights, the use of water r…
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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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Protective Jurisdiction
Protective JurisdictionA conceptually difficult doctrine, which approaches the verge of a serious constitutional gap, is the concept of protective jurisdiction. Under this doctrine, it is argued that in instances in which Congress has legislative jurisdiction, it can confer federal jurisdiction, wit…
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Declined Jurisdiction
Cases of Which the Court Has Declined JurisdictionIn other cases, however, the Court, centering its attention upon the elements of a case or controversy, has declined jurisdiction. In Alabama v. Arizona,1 where Alabama sought to enjoin nineteen state…