Tag: DE
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Death Statutes
Transitory Actions: Death StatutesThe initial effort in this direction was made in connection with transitory actions based on statute. Earlier, such actions had rested upon the common law, which was fairly uniform throughout the states, so that there was usually little discrepancy between the law u…
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Declined Jurisdiction
Cases of Which the Court Has Declined JurisdictionIn other cases, however, the Court, centering its attention upon the elements of a case or controversy, has declined jurisdiction. In Alabama v. Arizona,1 where Alabama sought to enjoin nineteen state…
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Declaratory Judgments
Declaratory JudgmentsRigid emphasis upon such elements of judicial power as finality of judgment and award of execution coupled with equally rigid emphasis upon adverse parties and real interests as essential elements of a case and controversy created serious doubts about the validity of any federal…
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Debs Case
The Debs CaseThe Debs case of 1895 arose out of a railway strike which had caused the President to dispatch troops to Chicago the previous year. Coincidentally with this move, the United States district attorney stationed there, acting upon orders from Washington, obtained an injunction from the Uni…
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Debs Case Today
Present Status of the Debs CaseInsofar as the use of injunctive relief in labor disputes is concerned, enactment of the Norris- LaGuardia Act 1 placed substantial restrictions on the power of federal courts to issue injunctions in such situations. Th…
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Demands for Papers
The Presidential Aegis: Demands for PapersPresidents have more than once had occasion to stand in a protective relation to their subordinates, assuming their defense in litigation brought against them 1 or pressing litigation in their behalf, <a name…
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Determination Whether a Treaty Has Lapsed
Determination Whether a Treaty Has LapsedThere is clear judicial recognition that the President may without consulting Congress validly determine the question whether specific treaty provisions have lapsed. The following passage from Justice Lurton's opinion in Charlton v. Kelly <a name=t1 href=…
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Debts of the United States
Debts of the United States (Scope of Power to Tax)States.&emdash;The power to pay the debts of the United States is broad enough to include claims of citizens arising on obligations of right and justice.1 The Court sustained an act of Congress which …
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Declaration of War
Declaration of WarIn the early draft of the Constitution presented to the Convention by its Committee of Detail, Congress was empowered "to make war." 1 Although there were solitary suggestions that the power should better be vested in the …
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Delegation of Legislative Power – Crime and Punishment
Delegation of Legislative Power Concerns – Crime and PunishmentThe Court has confessed that its "cases are not entirely clear as to whether more specific guidance is in fact required" for delegations relating to the imposition of criminal sanctions.<a name=t1 href=#f1 target="_self&qu…
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Delegation of Legislative Power Concerns
Delegation of Legislative Power Concerns&emdash;Closer Scrutiny or Uniform Standard? The Court has strongly implied that the same principles govern the validity of a delegation regardless of the subject matter of the delegation. "[A] constitutional power implies a power of delegation of authori…
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Delegations to States
Delegations of Legislative Power to States and to Private EntitiesBeginning in the Nation's early years, Congress has enacted hundreds of statutes that contained provisions authorizing state officers to enforce and execute federal laws.1 Challeng…
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Delegations to the President
Delegations of Legislative Power to the President in Areas of Shared AuthorityIt was asserted in United States v. Curtiss-Wright Corporation 1 that the delegation of discretion in dealing with foreign relations stands upon a different footing than th…
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Deportation
DeportationUnlike the exclusion proceedings,1 deportation proceedings afford the alien a number of constitutional rights: a right against selfincrimination, 2 protection against unreasonable searches …