Category: N
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Navigable Waters
Property Rights of States to Soil Under Navigable WatersThe "equal footing" doctrine has had an important effect on the property rights of new states to soil under navigable waters 289 and tidally influenced waters.290 In Pollard's Lessee v. Hagan,291 as was observed above, the Court h…
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National Supremacy Clause Interpretation
Although the Supreme Court had held, prior to Chief Justice John Marshall's appointment to it, that the Supremacy Clause rendered null and void a state constitutional or statutory provision that was inconsistent with a treaty executed by the Federal Government, <a name=t1 href=#f1 target="_…
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Narrow Construction of the Jurisdiction
Narrow Construction of the JurisdictionAs in cases of diversity jurisdiction, suits brought to the federal courts under this category must clearly state in the record the nature of the parties. As early as 1809, the Supreme Court ruled that a federal court could not take jurisdiction of a cause wher…
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National Supremacy
Judicial Review and National SupremacyEven many persons who have criticized the concept of judicial review of congressional acts by the federal courts have thought that review of state acts under federal constitutional standards is soundly based in the Supremacy Clause, which makes the Constitution,…
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Noncourt Entities
Noncourt Entities in the Judicial BranchPassing on the constitutionality of the establishment of the Sentencing Commission as an "independent" body in the judicial branch, the Court acknowledged that the Commission is not a court and does not exercise judicial power. Rather, its function i…
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Necessary and Proper Clause
Necessary and Proper Clause DefinitionAll grants of power to Congress in § 8, as elsewhere, must be read in conjunction with the Necessary and Proper Clause, § 8, cl. 18, which authorizes Congress "[t]o make all Laws which shall be necessary and proper for carrying into Execution the …
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Nazi Saboteurs
Articles of War: The Nazi SaboteursIn 1942 eight youths, seven Germans and one an American, all of whom had received training in sabotage in Berlin, were brought to this country aboard two German submarines and put ashore, one group on the Florida coast, the other on Long Island, with the idea that …
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Nixon Impeachment Proceedings
The Nixon Impeachment ProceedingsFor the first time in more than a hundred years,1 Congress moved to impeach the President of the United States, a move forestalled only by the resignation of President Nixon on August 9, 1974.<a name=t2 href=#f2 targe…
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Nomination
Nomination ( Executive Establishment and Treaties)The Constitution appears to distinguish three stages in appointments by the President with the advice and consent of the Senate. The first is the "nomination" of the candidate by the President alone; the second is the assent of the Senate t…
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Nonrecognition
The Power of NonrecognitionThe potentialities of nonrecognition were conspicuously illustrated by President Woodrow Wilson when he refused, early in 1913, to recognize Provisional President Huerta as the de facto government of Mexico, thereby contributing materially to Huerta's downfall the year…
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Navigation
Congress Power: NavigationIn Pennsylvania v. Wheeling & Belmont Bridge Co.,1 the Court granted an injunction requiring that a bridge erected over the Ohio River under a charter from the State of Virginia either be altered so as to admit of free navig…
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Naturalization
Categories of Citizens: Birth and NaturalizationThe first sentence of § 1 of the Fourteenth Amendment contemplates two sources of citizenship and two only: birth and naturalization. 1 This contemplation is given statutory expression in § 30…
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Naturalization and Citizenship
Nature and Scope of Congress's Power about Naturalization and CitizenshipNaturalization has been defined by the Supreme Court as "the act of adopting a foreigner, and clothing him with the privileges of a native citizen." 1 In the Dred …
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Naturalization of Aliens
The Naturalization of AliensAlthough, as has been noted, throughout most of our history there were significant racial and ethnic limitations upon eligibility for naturalization, the present law prohibits any such discrimination."The right of a person to become a naturalized citizen of t…
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Naturalized Persons
Rights of Naturalized PersonsChief Justice Marshall early stated in dictum that "[a] naturalized citizen . . . becomes a member of the society, possessing all the rights of a native citizen, and standing, in the view of the Constitution, on the footing of a native. The Constitution does not aut…