Constitutional US Law

Category: C

  • 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 …

  • Cramer Case

    The Cramer CaseSince Bollman, the few treason cases that have reached the Supreme Court were outgrowths of World War II and have charged adherence to enemies of the United States and the giving of aid and comfort. In the first of these, Cramer v. United States,<a name=t1 href=#f1 target="_self&…

  • 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…

  • 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…

  • 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…

  • Citizens of Each State

    Citizens of Each StateA question much mooted before the Civil War was whether the term could be held to include free Negroes. In the Dred Scott case,171 the Court answered it in the negative. "Citizens of each State," Chief Justice Taney argued, meant citizens of the United States as under…

  • Citizens in the Several States

    All Privileges and Immunities of Citizens in the Several StatesThe scope of "privileges and immunities" comprehended by the comity clause is bound by the provision's purpose. The classical judicial exposition of the meaning of the phrase is that of Justice Washington in Corfield v. Cor…

  • 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…

  • 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…

  • 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 …

  • Citizens

    Controversies Between a State and Citizens of Another StateThe decision in Chisholm v. Georgia 1 that cases "between a state and citizens of another state" included those where a state was a party defendant provoked the proposal and ratific…

  • Civil Cases

    Jurisdiction Confined to Civil CasesIn Cohens v. Virginia, 1 there is a dictum to the effect that the original jurisdiction of the Supreme Court does not include suits between a state and its own citizens. Long afterwards, the Supreme Court dismissed…