Category: S
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Supremacy of Laws
Although McCulloch v. Maryland and Gibbons v. Ogden were expressions of a single thesis, the supremacy of the national government, their development after Marshall's death has been sharply divergent. During the period when Gibbons v. Ogden was eclipsed by the theory of dual federalism, the doctr…
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State Officers
Commenting in The Federalist on the requirement that state officers, as well as members of the state legislatures, shall be bound by oath or affirmation to support the Constitution, Hamilton wrote: "Thus the legislatures, courts, and magistrates, of the respective members, will be incorporated …
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Stockholder Corporation Relationship
Stockholder Corporation RelationshipThe protections of the Full Faith and Credit Clause extend beyond transitory actions. Some legal relationships are so complex, the Court holds, that the law under which they were formed ought always to govern them as long as they persist.117 One such relationship …
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Statutes of Limitation
Full Faith and Credit and Statutes of LimitationThe Full Faith and Credit Clause is not violated by a state statute providing that all suits upon foreign judgments shall be brought within five years after such judgment shall have been obtained, where the statute has been construed by the state court…
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Scope of Powers of Congress
Scope of Powers of Congress Under ProvisionUnder the present system, suit ordinarily must be brought where the defendant, the alleged wrongdoer, resides, which means generally where no part of the transaction giving rise to the action took place. What could be more irrational? "Granted that no …
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State Citizenship
Clause 1. State Citizenship: Privileges and ImmunitiesThe Citizens of each State shall be entitled to all Privileges and Immunities of Citizens in the several States.State Citizenship and the U.S. ConstitutionResourcesSee AlsoReferencesThis text about <a href="http://…
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State Citizenship Purpose
Origin and Purpose"The primary purpose of this clause, like the clauses between which it is located… was to help fuse into one Nation a collection of independent sovereign States." 148 Precedent for this clause was a much wordier and a somewhat unclear 149 clause of the Articles of Confe…
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State Citizenship Implementation
How ImplementedThe Privileges and Immunities Clause is self-executory, that is to say, its enforcement is dependent upon the judicial process. It does not authorize penal legislation by Congress. Federal statutes prohibiting conspiracies to deprive any person of rights or privileges secured by state…
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Supremacy of the Constitution
This Constitution, and the Laws of the United States which shall be made in Pursuance thereof; and all Treaties made, or which shall be made, under the Authority of the United States, shall be the supreme Law of the Land; and the Judges in every State shall be bound thereby; any Thing in the Constit…
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Supremacy Clause
The Constitution, laws, and treaties of the United States are as much a part of the law of every state as its own local laws and constitution. Their obligation "is imperative upon the state judges, in their official and not merely in their private capacities. From the very nature of their judic…
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Salaries of Federal Employees
Of a piece with James v. Dravo Contracting Co. was Graves v. New York ex rel. O'Keefe,1 handed down two years later. Repudiating the theory "that a tax on income is legally or economically a tax on its source," the Court held that a sta…
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Service on Foreign Corporations
Service on Foreign CorporationsIn 1856, the Court decided Lafayette Ins. Co. v. French,37 a pioneer case in its general class. It held that, where a corporation chartered by the State of Indiana was allowed by a law of Ohio to transact business in the latter state upon the condition that service of …
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Service on Nonresident Motor Vehicle Owners
Service on Nonresident Motor Vehicle OwnersBy analogy to the above cases, it has been held that a state may require nonresident owners of motor vehicles to designate an official within the state as an agent upon whom process may be served in any legal proceedings growing out of their operation of a …
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Status of the Law
Status of the LawThe doctrine of divisible divorce, as developed by Justice Douglas in Estin v. Estin,83 may have become the prevailing standard for determining the enforceability of foreign divorce decrees. If this is the case, then it may be that an ex parte divorce, founded upon acquisition of do…
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Special Jurisdictional Grants
Federal Questions Resulting from Special Jurisdictional GrantsIn the Labor-Management Relations Act of 1947, Congress authorized federal courts to entertain suits for violation of collective bargaining agreements without respect to the amount in controversy or the citizenship of the parties.<a name=…