Category: T
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Jury Trial
Trial By JuryThe Trial of all Crimes, except in Cases of Impeachment, shall be by Jury; and such Trial shall be held in the State where the said Crimes shall have been committed; but when not committed within any State, the Trial shall be at such Place or Places as the Congress may by Law…
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Treason
TreasonThe Treason Clause is a product of the awareness of the Framers of the "numerous and dangerous excrescences" which had disfigured the English law of treason and was therefore intended to put it beyond the power of Congress to "extend the crime and punishment of treason." <…
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Treason Punishment
Treason PunishmentThe Congress shall have Power to declare the Punishment of Treason, but no Attainder of Treason shall work Corruption of Blood, or Forfeiture except during the Life of the Person attainted.Treason Punishment and the U.S. ConstitutionResourcesSee AlsoReferences…
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Taxation
TaxationIn the exercise of its taxing power, a state may not discriminate substantially between residents and nonresidents. In Ward v. Maryland,214 the Court set aside a state law that imposed specific taxes upon nonresidents for the privilege of selling within the state goods that were produced in …
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Trial of Fugitives after Removal
Trial of Fugitives After RemovalThere is nothing in the Constitution or laws of the United States that exempts an offender, brought before the courts of a state for an offense against its laws, from trial and punishment, even though he was brought from another state by unlawful violence,249 or by ab…
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Territories
Powers of Congress in the TerritoriesIn the territories, Congress has the entire dominion and sovereignty, national and local, and has full legislative power over all subjects upon which a state legislature might act.322 It may legislate directly with respect to the local affairs of a territory or i…
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Amendment 10
The logic of the Supremacy Clause would seem to require that the powers of Congress be determined by the fair reading of the express and implied grants contained in the Constitution itself, without reference to the powers of the states. For a century after Marshall's death, however, the Court pr…
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Theory of Plenary Congressional Control
The Theory of Plenary Congressional ControlUnlike its original jurisdiction, the appellate jurisdiction of the Supreme Court is subject to "exceptions and regulations" prescribed by Congress, and the jurisdiction of the inferior federal courts is subject to congressional prescription. Addi…
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Theory of Plenary Congressional Control Reconsidered
The Theory of Plenary Congressional Control ReconsideredDespite the breadth of the language of many of the previously cited cases, the actual holdings constitute something less than an affirmance of plenary congressional power to do anything it desires by manipulation of jurisdiction, and, indeed, t…
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Theory of Plenary Congressional Control Conclusion
Conclusion of the Theory of Plenary Congressional ControThere thus remains a measure of doubt that Congress's power over the federal courts is as plenary as some of the Court's language suggests it is. Congress has a vast amount of discretion in conferring and withdrawing and structuring the…
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Three-Judge Court Act
Three-Judge Court ActWhen the Court in Ex parte Young 1 held that federal courts were not precluded by the Eleventh Amendment from restraining state officers from enforcing state laws determined to be in violation of the federal Constitution, serious…
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Treason Limitations
Treason Definition and LimitationsTreason against the United States, shall consist only in levying War against them, or in adhering to their Enemies, giving them Aid and Comfort. No Person shall be convicted of Treason unless on the testimony of two Witnesses to the same overt Act, or on Confession …
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Taxpayer Suits
Taxpayer SuitsSave for a narrow exception, standing is also lacking when a litigant attempts to sue to contest governmental action that he claims injures him as a taxpayer. In Frothingham v. Mellon,1 the Court denied standing to a taxpayer suing to r…
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Treaties
Treaties, Alliances, or Confederations (Powers Denied to the States)At the time of the Civil War, the Court relied on the prohibition on treaties, alliances, or confederations in holding that the Confederation formed by the seceding states could not be recognized as having any legal existence.<a nam…
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Tenure
TenureFormerly, the term of four years during which the President "shall hold office" was reckoned from March 4 of the alternate odd years beginning with 1789. This came about from the circumstance that under the act of September 13, 1788, of "the Old Congress," the first Wednesd…