Tag: Art. 3 Sec. 2
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Judicial Review
The Establishment of Judicial ReviewJudicial review is one of the distinctive features of United States constitutional law. It is no small wonder, then, to find that the power of the federal courts to test federal and state legislative enactments and other actions by the standards of what the Consti…
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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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Corporations Chartered by Congress
Corporations Chartered by CongressIn Osborn v. Bank of the United States,1 Chief Justice Marshall seized upon the authorization for the Bank to sue and be sued as a grant by Congress to the federal courts of jurisdiction in all cases to which the ban…
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Suits Against Government Corporations
Suits Against Government CorporationsThe multiplication of government corporations during periods of war and depression has provided one motivation for limiting the doctrine of sovereign immunity. In Keifer & Keifer v. RFC,1 the Court held that the g…
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Controversies
Controversies Between a State, or the Citizens Thereof, and Foreign States, Citizens, or SubjectsThe scope of this jurisdiction has been limited both by judicial decisions and the Eleventh Amendment. By judicial application of the law of nations, a foreign state is immune from suit in the federal co…
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Comity
ComityComity.-"[T]he notion of 'comity,' " Justice Black asserted, is composed of "a proper respect for state functions, a recognition of the fact that the entire country is made up of a Union of separate state governments, and a continuance of the belief that the Nati…
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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=…
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Suits Between Two or More States
Suits Between Two or More StatesThe extension of federal judicial power to controversies between states and the vesting of original jurisdiction in the Supreme Court of suits to which a state is a party had its origin in experience. Prior to independence, disputes between colonies claiming charter r…
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Foreign States
Suits by Foreign StatesThe privilege of a recognized foreign state to sue in the courts of another state upon the principle of comity is recognized by both international law and American constitutional law.1 To deny a sovereign this privilege "w…
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Abstention
AbstentionPerhaps the fullest expression of the concept of comity may be found in the abstention doctrine. The abstention doctrine instructs federal courts to abstain from exercising jurisdiction if applicable state law, which would be dispositive of the controversy, is unclear and a state court int…
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Civil Rights Act Jurisdiction
Civil Rights Act JurisdictionPerhaps the most important of the special federal question jurisdictional statutes is that conferring jurisdiction on federal district courts to hear suits challenging the deprivation under color of state law or custom of any right, privilege, or immunity secured by the …
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Boundary Disputes
Boundary Disputes: The Law AppliedOf the earlier examples of suits between states, that between New Jersey and New York 1 is significant for the application of the rule laid down earlier in Chisholm v. Georgia that the Supreme Court may proceed ex pa…
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Narrow Construction of the Jurisdiction
Narrow Construction of the JurisdictionAs in cases of diversity jurisdiction, suits brought to the federal courts under this category must clearly state in the record the nature of the parties. As early as 1809, the Supreme Court ruled that a federal court could not take jurisdiction of a cause wher…
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State Remedies
Exhaustion of State RemediesA complainant will ordinarily be required, as a matter of comity, to exhaust all available state legislative and administrative remedies before seeking relief in federal court.1 To do so may make unnecessary federal-court …
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Pendent Jurisdiction
Pendent JurisdictionOnce jurisdiction has been acquired through allegation of a federal question not plainly wanting in substance, 1 a federal court may decide any issue necessary to the disposition of a case, notwithstanding that other non-federal q…