Category: I
-
Interstate Rendition
Clause 2. Interstate RenditionA person charged in any State with Treason, Felony, or other Crime, who shall flee from Justice, and be found in another State, shall on Demand of the executive Authority of the State from which he fled, be delivered up, to be removed to the State having Jurisdiction of…
-
Indian Lands
Another line of anomalous decisions conferring tax immunity upon lessees of restricted Indian lands was overruled in 1949. The first of these cases, Choctaw & Gulf R.R. v. Harrison,1 held that a gross production tax on oil, gas, and other minerals wa…
-
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…
-
Injunctions
Federal Restraint of State Courts by InjunctionsEven where the federal anti-injunction law is inapplicable, or where the question of application is not reached,1 those seeking to enjoin state court proceedings must overcome substantial prudential bar…
-
Indian Tribes
Commerce With Indian TribesCongress's power to regulate commerce "with the Indian tribes," once almost rendered superfluous by Court decision,1 has now been resurrected and made largely the basis for informing judicial judgment with res…
-
Inherent Power
An Inherent PowerThe nature of the contempt power was described Justice Field, writing for the Court in Ex parte Robinson, 1 sustaining the act of 1831: "The power to punish for contempts is inherent in all courts; its existence is essential to …
-
Impartial Tribunal
Due Process Limitations on Contempt Powers: Impartial TribunalIn Cooke v. United States,1 Chief Justice Taft uttered some cautionary words to guide trial judges in the use of their contempt powers. "The power of contempt which a judge must have …
-
Injunctive Power
Congressional Limitation of the Injunctive PowerAlthough some judicial dicta 1 support the idea of an inherent power of the federal courts sitting in equity to issue injunctions independently of statutory limitations, neither the course taken by Cong…
-
Inferior Courts
Inferior CourtsCongress also provided in the Judiciary Act of 1789 for the creation of courts inferior to the Supreme Court. Thirteen district courts were constituted to have four sessions annually,1 and three circuit courts were established. The cir…
-
Impeachable Offenses
Impeachable OffensesThe Convention came to its choice of words describing the grounds for impeachment after much deliberation, but the phrasing derived directly from the English practice. On June 2, 1787, the framers adopted a provision that the executive should "be removable on impeachment & c…
-
Impeachments of Judges
Other Impeachments of JudgesThe 1803 impeachment and conviction of Judge Pickering as well as several successful 20th century impeachments of judges appear to establish that judges may be removed for seriously questionable conduct that does not violate a criminal statute.<a name=t1 href=#f1 target=&…
-
Indian Treaties
Indian TreatiesIn the early cases of Cherokee Nation v. Georgia,1 and Worcester v. Georgia,2 the Court, speaking by Chief Justice Marshall, held, first, that the Cherokee Nation was not a sovereign st…
-
Indian Treaties Today
Present Status of Indian TreatiesToday, the subject of Indian treaties is a closed account in the constitutional law ledger. By a rider inserted in the Indian Appropriation Act of March 3, 1871, it was provided "That hereafter no Indian nation or tribe within the territory of the United States …
-
Impeachment
House of Representatives – Officers and Powers of ImpeachmentThe House of Representatives shall chuse their Speaker and other Officers; and shall have the sole Power of Impeachment….
-
Inferior Officers
Inferior Officers (Removal Power, Executive Establishment and Treaties)In the case of inferior officers, Congress may "limit and restrict the power of removal as it deems best for the public interest," 1 and when Congress has vested the pow…