Category: O
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Oaths
Congress may require no other oath of fidelity to the Constitution, but it may add to this oath such other oath of office as its wisdom may require.1 It may not, however, prescribe a test oath as a qualification for holding office, such an act being …
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Oath of Office
Presidential Oath of OfficeWhat is the time relationship between a President's assumption of office and his taking the oath? Apparently, the former comes first, this answer appearing to be the assumption of the language of the clause. The Second Congress assumed that President Washington took of…
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Obligations of United States to States
Section 4. Obligations of United States to StatesThe United States shall guarantee to every State in this Union a Republican Form of Government, and shall protect each of them against Invasion; and on Application of the Legislature, or of the Executive (when the Legislature cannot be convened) again…
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Operation of the Supremacy Clause
When Congress legislates pursuant to its delegated powers, conflicting state law and policy must yield.1 Although the preemptive effect of federal legislation is best known in areas governed by the Commerce Clause, the same effect is present, of cour…
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Original Jurisdiction
Clause 2. Original and Appellate JurisdictionIn all Cases affecting Ambassadors, other public Ministers and Consuls, and those in which a State shall be a Party, the Supreme Court shall have original Jurisdiction. In all other Cases before mentioned, the Supreme Court shall have appellate Jurisdicti…
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Original Jurisdiction of the Supreme Court
The Original Jurisdiction of the Supreme CourtFrom the beginning, the Supreme Court has assumed that its original jurisdiction flows directly from the Constitution and is therefore self-executing without further action by Congress.1 In Chisholm v. Ge…
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Organizational Standing
Organizational StandingOrganizations do not have standing as such to represent their particular concept of the public interest, 1 but organizations have been permitted to assert the rights of their members.<a name=t2 href=#f2 target="_self"…
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Organization of Courts
Organization of Courts, Tenure, and Compensation of JudgesThe Constitution is almost completely silent concerning the organization of the federal judiciary. "That there should be a national judiciary was readily accepted by all." 1 But whet…
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One Supreme Court
One Supreme CourtWhile the Convention specified that the Chief Justice of the Supreme Court would preside over any Presidential impeachment trial in the Senate,1 decisions on the size and composition of the Supreme Court, the time and place for sitti…
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Office
Office"An office is a public station, or employment, conferred by the appointment of government. The term embraces the ideas of tenure, duration, emolument, and duties." 1 ResourcesNotes and ReferencesThis text about <a href="h…
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Obligation
"Obligation" Defined (Obligation of Contracts)A contract is analyzable into two elements: the agreement, which comes from the parties, and the obligation, which comes from the law and makes the agreement binding on the parties. The concept of obligation is an importation from the civil law…
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Offenses against the Law of Nations
Piracies, Felonies, and Offenses Against the Law of Nations: Definition of OffensesThe fact that the Constitutional Convention considered it necessary to give Congress authority to define offenses against the law of nations does not mean that in every case Congress must undertake to codify that law …