Tag: ST
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State Officers
Commenting in The Federalist on the requirement that state officers, as well as members of the state legislatures, shall be bound by oath or affirmation to support the Constitution, Hamilton wrote: "Thus the legislatures, courts, and magistrates, of the respective members, will be incorporated …
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State Citizenship Implementation
How ImplementedThe Privileges and Immunities Clause is self-executory, that is to say, its enforcement is dependent upon the judicial process. It does not authorize penal legislation by Congress. Federal statutes prohibiting conspiracies to deprive any person of rights or privileges secured by state…
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Status of the Law
Status of the LawThe doctrine of divisible divorce, as developed by Justice Douglas in Estin v. Estin,83 may have become the prevailing standard for determining the enforceability of foreign divorce decrees. If this is the case, then it may be that an ex parte divorce, founded upon acquisition of do…
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Stockholder Corporation Relationship
Stockholder Corporation RelationshipThe protections of the Full Faith and Credit Clause extend beyond transitory actions. Some legal relationships are so complex, the Court holds, that the law under which they were formed ought always to govern them as long as they persist.117 One such relationship …
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Statutes of Limitation
Full Faith and Credit and Statutes of LimitationThe Full Faith and Credit Clause is not violated by a state statute providing that all suits upon foreign judgments shall be brought within five years after such judgment shall have been obtained, where the statute has been construed by the state court…
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State Citizenship
Clause 1. State Citizenship: Privileges and ImmunitiesThe Citizens of each State shall be entitled to all Privileges and Immunities of Citizens in the several States.State Citizenship and the U.S. ConstitutionResourcesSee AlsoReferencesThis text about <a href="http://…
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State Citizenship Purpose
Origin and Purpose"The primary purpose of this clause, like the clauses between which it is located… was to help fuse into one Nation a collection of independent sovereign States." 148 Precedent for this clause was a much wordier and a somewhat unclear 149 clause of the Articles of Confe…
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State Remedies
Exhaustion of State RemediesA complainant will ordinarily be required, as a matter of comity, to exhaust all available state legislative and administrative remedies before seeking relief in federal court.1 To do so may make unnecessary federal-court …
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Stockholder Suits
Stockholder SuitsMoreover, adversity in parties has often been found in suits by stockholders against their corporation in which the constitutionality of a statute or a government action is drawn in question, even though one may suspect that the interests of plaintiffs and defendant are not all that…
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Standing Doctrine
Substantial Interest: StandingPerhaps the most important element of the requirement of adverse parties may be found in the "complexities and vagaries" of the standing doctrine. "The fundamental aspect of standing is that it focuses on the party seeking to get his complaint before a fe…
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Standing of Members of Congress
Standing of Members of CongressThe lower federal courts, principally the D.C. Circuit, developed a body of law governing the standing of Members of Congress, as Members, to bring court actions, usually to challenge actions of the executive branch.1 W…
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Strict Necessity
The Doctrine of "Strict Necessity"The Court has repeatedly declared that it will decide constitutional issues only if strict necessity compels it to do so. Thus, constitutional questions will not be decided in broader terms than are required by the precise state of facts to which the rulin…
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Statutory Interpretation
Disallowance by Statutory InterpretationIf it is possible to construe a statute so that its validity can be sustained against a constitutional attack, a rule of prudence is that it should be so construed, 1 even though in some instances this "co…
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Stare Decisis
Stare Decisis in Constitutional LawAdherence to precedent ordinarily limits and shapes the approach of courts to decision of a presented question. "Stare decisis is usually the wise policy, because in most matters it is more important that the applicable rule of law be settled than that it be s…
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State Discretion in Choosing Electors
State Discretion in Choosing ElectorsAlthough Clause 2 seemingly vests complete discretion in the states, certain older cases had recognized a federal interest in protecting the integrity of the process. Thus, the Court upheld the power of Congress to protect the right of all citizens who are entitl…