Tag: PR
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Privilege from Arrest
Members of Congress Privilege from ArrestThis clause is practically obsolete. It applies only to arrests in civil suits, which were still common in this country at the time the Constitution was adopted.1 It does not apply to service of process in eit…
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Proposals by Congress
Few difficulties of a constitutional nature have arisen with regard to this method of initiating constitutional change, the only method, as we noted above, so far successfully resorted to. When Madison submitted to the House of Representatives the proposals from which the Bill of Rights evolved, he …
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Proclamation
Formerly, official notice from a state legislature, duly authenticated, that it had ratified a proposed amendment went to the Secretary of State, upon whom it was binding, "being certified by his proclamation, [was] conclusive upon the courts" as against any objection which might b…
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Procedure for Removal
Procedure for RemovalOnly after a person has been charged with a crime in the regular course of judicial proceedings is the governor of a state entitled to make demand for his return from another state.240 The person demanded has no constitutional right to be heard before the governor of the state i…
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Property of the United States
Clause 2. Property of the United StatesThe Congress shall have Power to dispose of and make all needful Rules and Regulations respecting the Territory or other Property belonging to the United States; and nothing in this Constitution shall be so construed as to Prejudice any Claims of the United Sta…
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Prior Debts
There have been no interpretations of this clause.Prior Debts and the U.S. ConstitutionResourcesSee AlsoReferencesThis text about Prior Debts is based on "The …
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Priority of National Claims
Anticipating his argument in McCulloch v. Maryland,1 Chief Justice Marshall in 1805 upheld an act of 1792 asserting for the United States a priority of its claims over those of the states against a debtor in bankruptcy.<a name=t2 href=#f2 target=&quo…
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Preemption
The General Issue: Preemption (Concurrent Federal and State Jurisdiction)In Gibbons v. Ogden,1 the Court, speaking by Chief Justice Marshall, held that New York legislation that excluded from the navigable waters of that state steam vessels enrolled …
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Private International Law
Private International LawThe historical background of the Full Faith and Credit Clause is furnished by the branch of private law that is variously termed "private international law," "conflict of laws," and "comity." This branch comprises a body of rules, based largely …
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Probate Decrees
Probate DecreesMany judgments, enforcement of which has given rise to litigation, embrace decrees of courts of probate respecting the distribution of estates. In order that a court have jurisdiction of such a proceeding, the decedent must have been domiciled in the state, and the question whether he…
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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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Process of the Writ
Habeas Corpus: The Process of the WritA petition for a writ of habeas corpus is filed by or on behalf of a person in "custody," a concept which has been expanded so much that it is no longer restricted to actual physical detention in jail or prison.<a name=t1 href=#f1 target="_self&qu…
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Prudential Standing Rules
Prudential Standing RulesEven when Article III constitutional standing rules have been satisfied, the Court has held that principles of prudence may counsel the judiciary to refuse to adjudicate some claims.1 The rule is "not meant to be especia…
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Prospectivity
Retroactivity Versus ProspectivityOne of the distinguishing features of an advisory opinion is that it lays down a rule to be applied to future cases, much as does legislation generally. It should therefore follow that an Article III court could not decide purely prospective cases, cases which do no…
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Prudential Considerations
Prudential ConsiderationsImplicit in the argument of Marbury v. Madison 1 is the thought that the Court is obligated to take and decide cases meeting jurisdictional standards. Chief Justice Marshall spelled this out in Cohens v. Virginia: <a name=t2 …