Constitutional US Law

Tag: CO

  • Constitutional Amendment

    Thirty-three proposed amendments to the Constitution have been submitted to the states pursuant to this Article, all of them upon the vote of the requisite majorities in Congress and none by the alternative convention method.7 In the Convention, much controversy surrounded the issue of the process b…

  • Convention Alternative

    Because it has never successfully been invoked, the convention method of amendment is surrounded by a lengthy list of questions.21 When and how is a convention to be convened? Must the applications of the requisite number of states be identical or ask for substantially the same amendment, or merely …

  • Corruption of the Blood

    Corruption of the Blood and ForfeitureThe Confiscation Act of 1862 "to suppress Insurrection, to punish Treason and Rebellion, to seize and confiscate the Property of Rebels" 1 raised issues under Article III, § 3, cl. 2. Because of th…

  • Contractual Relationships

    Insurance Company, Building and Loan Association: Contractual RelationshipsWhether or not distinguishable by nature of their enterprise, stock and mutual insurance companies and mutual building and loan associations, unlike fraternal benefit societies, have not been accorded the same unique constitu…

  • Compensation Statutes

    Workers' Compensation StatutesThe relationship of employer and employee, insofar as the obligations of the one and the rights of the other under worker's compensation acts are concerned, has been the subject of differing and confusing treatment. In an early case, the injury occurred in New H…

  • Corporations

    Power to Charter Corporations (Necessary and Proper Clause)In addition to the creation of banks, Congress has been held to have authority to charter a railroad corporation,1 or a corporation to construct an interstate bridge,<a name=t2 href=#f2 targe…

  • Conflicts of Jurisdiction

    Conflicts of Jurisdiction: Federal Court Interference with State CourtsOne challenging the constitutionality, under the United States Constitution, of state actions, statutory or otherwise, could, of course, bring suit in state court; indeed, in the time before conferral of federalquestion jurisdict…

  • 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…

  • Controversies between Citizens of Different States

    Controversies Between Citizens of Different StatesThe records of the Federal Convention are silent on why the Framers included controversies between citizens of different states among the judicial power of the United States,1 but Congress has given &…

  • 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…

  • Congressional Control over Writs and Processes

    Congressional Control Over Writs and ProcessesThe Judiciary Act of 1789 contained numerous provisions relating to the times and places for holding court, even of the Supreme Court, to times of adjournment, appointment of officers, issuance of writs, citations for contempt, and many other matters whi…

  • 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…

  • Comity

    ComityComity.-"[T]he notion of 'comity,' " Justice Black asserted, is composed of "a proper respect for state functions, a recognition of the fact that the entire country is made up of a Union of separate state governments, and a continuance of the belief that the Nati…

  • Common Law Powers

    Common Law Powers of District of Columbia CourtsThe portion of § 13 of the Judiciary Act of 1789 that authorized the Supreme Court to issue writs of mandamus in the exercise of its original jurisdiction was held invalid in Marbury v. Madison,1 a…

  • Contempt

    Sanctions of the Investigatory Power: ContemptExplicit judicial recognition of the right of either house of Congress to commit for contempt a witness who ignores its summons or refuses to answer its inquiries dates from McGrain v. Daugherty.1 But the…