Tag: Judicial Power and Jurisdiction
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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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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 …
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Land Controversies
Controversies Between Citizens of the Same State Claiming Land Under Grants of Different StatesThe genesis of this clause was in the report of the Committee of Detail which vested the power to resolve such land disputes in the Senate,1 but this propo…
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Rules of Accommodation
Conflicts of Jurisdiction: Rules of AccommodationFederal courts primarily interfere with state courts in three ways: by enjoining proceedings in them, by issuing writs of habeas corpus to set aside convictions obtained in them, and by adjudicating cases removed from them. With regard to all three bu…
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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…