Category: E
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Enforcement of Judgments
Jurisdiction: A Prerequisite to Enforcement of JudgmentsThe jurisdictional question arises both in connection with judgments in personam against nonresident defendants to whom it is alleged personal service was not obtained in the state originating the judgment and in relation to judgments in rem ag…
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Equality of States
Doctrine of the Equality of States"Equality of constitutional right and power is the condition of all the States of the Union, old and new." 258 This doctrine, now a truism of constitutional law, did not find favor in the Constitutional Convention. That body struck out from this section, a…
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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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Express Constitutional Restrictions on Congress
Express Constitutional Restrictions on CongressCongress.-"[T]he Constitution is filled with provisions that grant Congress or the States specific power to legislate in certain areas; these granted powers are always subject to the limitations that they may not be exercised in a way that …
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Emergency Price Control Act of 1942
Injunctions Under the Emergency Price Control Act of 1942Lockerty v. Phillips 1 justifies the same conclusion. Here the validity of the special appeals procedure of the Emergency Price Control Act of 1942 was sustained. This act provided for a specia…
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Extra-Constitutional Tests
Exclusion of Extra-Constitutional TestsAnother maxim of constitutional interpretation is that courts are concerned only with the constitutionality of legislation and not with its motives, policy, or wisdom,1 or with its concurrence with natural justi…
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Exercise of Judicial Review
Limitations on the Exercise of Judicial Review ConclusionThe common denominator of all these maxims of prudence is the concept of judicial restraint. "We do not sit," said Justice Frankfurter, "like a kadi under a tree dispensing justice according to considerations of individual exped…
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Electoral College
Electoral CollegeThe electoral college was one of the compromises by which the delegates were able to agree on the document finally produced. "This subject," said James Wilson, referring to the issue of the manner in which the President was to be selected, "has greatly divided the Hou…
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Electors as Free Agents
Electors as Free Agents"No one faithful to our history can deny that the plan originally contemplated, what is implicit in its text, that electors would be free agents, to exercise an independent and nonpartisan judgment as to the men best qualified for the Nation's highest offices." <…
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Enforcement of the Penal Law
Power of the President to Guide Enforcement of the Penal LawThis matter also came to a head in "the reign of Andrew Jackson," preceding, and indeed foreshadowing, the Duane episode by some months. "At that epoch," Wyman relates in his Principles of Administrative Law, "the f…
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Evacuation of the West Coast Japanese
Evacuation of the West Coast JapaneseOn February 19, 1942, President Roosevelt issued an executive order, "by virtue of the authority vested in me as President of the United States, and Commander in Chief of the Army and Navy," providing, as a safeguard against subversion and sabotage, pow…
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Ex parte Garland
Effects of a Pardon: Ex parte GarlandThe leading case on this subject is Ex parte Garland,1 which was decided shortly after the Civil War. By an act passed in 1865, Congress had prescribed that, before any person should be permitted to practice in a …
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Executive Agreements
The Domestic Obligation of Executive AgreementsWhen the President enters into an executive agreement, what sort of obligation does it impose on the United States? That it may impose international obligations of potentially serious consequences is obvious and that such obligations may linger for long…
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Executive International Agreements
Executive Agreements by Authorization of CongressCongress early authorized officers of the executive branch to enter into negotiations and to conclude agreements with foreign governments, authorizing the borrowing of money from foreign countries 1 an…
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Election
Clauses 2-4. ElectionClause 2. Each State shall appoint, in such Manner as the Legislature thereof may direct, a Number of Electors, equal to the whole Number of Senators and Representatives to which the State may be entitled in the Congress; but no Senator or Representative, or Person holding an Of…