Courts and Judicial Proceedings

Courts and Judicial Proceedings (Necessary and Proper Clause)

Because the Constitution “delineated only the great outlines of the judicial power . . . , leaving the details to Congress, . . . [t]he distribution and appropriate exercise of the judicial power must . . . be made by laws passed by Congress. . . .” 1 As a necessary and proper provision for the exercise of the jurisdiction conferred by Article III, § 2, Congress may direct the removal from a state to a federal court of a criminal prosecution against a federal officer for acts done under color of federal law,2 may require the tolling of a state statute of limitations while a state cause of action that is supplemental to a federal claim is pending in federal court,3 and may authorize the removal before trial of civil cases arising under the laws of the United States.4 It may prescribe the effect to be given to judicial proceedings of the federal courts 5 and may make all laws necessary for carrying into execution the judgments of federal courts.6 When a territory is admitted as a state, Congress may designate the court to which the records of the territorial courts shall be transferred and may prescribe the mode for enforcement and review of judgments rendered by those courts.7 In the exercise of other powers conferred by the Constitution, apart from Article III, Congress may create legislative courts and “clothe them with functions deemed essential or helpful in carrying those powers into execution.” 8

Resources

References

This text about Courts and Judicial Proceedings is based on “The Constitution of the United States of America: Analysis and Interpretation”, published by the U.S. Government Printing Office.

[Footnote 1] Rhode Island v. Massachusetts, 37 U.S. (12 Pet.) 657, 721 (1838).

[Footnote 2] Tennessee v. Davis, 100 U.S. 257, 263 (1880).

[Footnote 3] Jinks v. Richland County, 538 U.S. 456 (2003).

[Footnote 4] Railway Company v. Whitton, 80 U.S. (13 Wall.) 270, 287 (1872).

[Footnote 5] Embry v. Palmer, 107 U.S. 3 (1883).

[Footnote 6] Bank of the United States v. Halstead, 23 U.S. (10 Wheat.) 51, 53 (1825).

[Footnote 7] Express Co. v. Kountze Bros., 75 U.S. (8 Wall.) 342, 350 (1869).

[Footnote 8] Ex parte Bakelite Corp., 279 U.S. 438, 449 (1929). But see Northern Pipeline Constr. Co. v. Marathon Pipe Line Co., 458 U.S. 50, 67-69 (1982).

Tables of Contents

• Courts and Judicial Proceedings and other Topics in the Contents – Article 1 of the U.S. Constitution
• U.S. Constitutional Law Category
• List of amendments to the U.S. Constitution
• Courts and Judicial Proceedings and other Topics in the Constitution Contents
• Interpretation of the U.S. Constitution (Table of Contents)
• Clauses of the Constitution (Table of Contents)