Category: R
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Ratification
The Ratification of the Conventions of nine States, shall be sufficient for the Establishment of this Constitution between the States so ratifying the Same.Ratification and the U.S. ConstitutionResourcesSee AlsoReferencesThis text about <a href="http://lawi.us/constit…
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Ratification in General
In Owings v. Speed 1 the question at issue was whether the Constitution operated upon an act of Virginia passed in 1788. The Court held it did not, stating in part:Ratification in General and the U.S. Constitution"The Conventions of nin…
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Recognition of Rights
Development of the Modern RuleAlthough the language of section one suggests that the same respect should be accorded to "public acts" that is accorded to "judicial proceedings" ("full faith and credit shall be given in each State to the public acts, records, and judicial pro…
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Republican Form of Government
Guarantee of Republican Form of GovernmentThe first clause of this section, in somewhat different language, was contained in the Virginia Plan introduced in the Convention and was obviously attributable to Madison.330 Through the various permutations into its final form,331 the object of the clause …
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Royalties
In 1928, the Court went so far as to hold that a state could not tax as income royalties for the use of a patent issued by the United States.1 This proposition was soon overruled in Fox Film Corp. v. Doyal,<a name=t2 href=#f2 target="_self"…
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Right of the United States to Sue
Right of the United States to SueIn the first edition of his Treatise, Justice Story noted that while "an express power is no where given in the constitution," the right of the United States to sue in its own courts "is clearly implied in that part respecting the judicial power…. In…
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Rules of Accommodation
Conflicts of Jurisdiction: Rules of AccommodationFederal courts primarily interfere with state courts in three ways: by enjoining proceedings in them, by issuing writs of habeas corpus to set aside convictions obtained in them, and by adjudicating cases removed from them. With regard to all three bu…
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Res Judicata
Res JudicataBoth the Constitution and a contemporaneously enacted statute require federal courts to give "full faith and credit" to state court judgments, to give, that is, preclusive effect to state court judgments when those judgments would be given preclusive effect by the courts of tha…
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Real Interest
The Requirement of a Real InterestAlmost inseparable from the requirements of adverse parties and substantial enough interests to confer standing is the requirement that a real issue be presented, as contrasted with speculative, abstract, hypothetical, or moot issues. It has long been the Court'…
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Removal from State Court
Removal From State Court to Federal CourtA limited right to "remove" certain cases from state courts to federal courts was granted to defendants in the Judiciary Act of 1789,1 and from then to 1872 Congress enacted several specific removal …
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Right to Jury Trial
Due Process Limitations on Contempt Power: Right to Jury TrialOriginally, the right to a jury trial was not available in criminal contempt cases.1 But the Court held in Cheff v. Schnackenberg,2 that a…
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Rule Making Power
Limitations to The Rule Making PowerThe principal function of court rules is that of regulating the practice of courts as regards forms, the operation and effect of process, and the mode and time of proceedings. However, rules are sometimes employed to state in convenient form principles of substant…
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Rights of Others
Standing to Assert the Rights of OthersUsually, one may assert only one's interest in the litigation and not challenge the constitutionality of a statute or a governmental action because it infringes the protectable rights of someone else.1 In Ti…
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Represent Citizens
Standing of States to Represent Their CitizensThe right of a state to sue as parens patriae, in behalf of its citizens, has long been recognized.1 No state, however, may be parens patriae of its citizens "as against the Federal Government."…
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Ripeness
RipenessJust as standing historically has concerned who may bring an action in federal court, the ripeness doctrine concerns when it may be brought. Formerly, it was a wholly constitutional principle requiring a determination that the events bearing on the substantive issue have happened or are suff…