Constitutional US Law

Tag: DI

  • Divorce Decrees

    Divorce Decrees: Domicile as the Jurisdictional PrerequisiteThis, however, was only the beginning of the Court's lawmaking in cases in rem. The most important class of such cases is that in which the respondent to a suit for divorce offers in defense an earlier decree from the courts of a sister…

  • Divorce Suit

    Divorce Suit: In Rem or in Personam; Judicial IndecisionIn 1906, however, by a vote of five to four, the Court departed from its earlier ruling, rendered five years previously in Atherton v. Atherton,49 and in Haddock v. Haddock,50 it announced that a divorce proceeding might be viewed as one in per…

  • Discrimination in Private Rights

    Discrimination in Private RightsNot only has judicial construction of the comity clause excluded certain privileges of a public nature from its protection, but the courts also have established the proposition that the purely private and personal rights to which the clause admittedly extends are not …

  • Disposing of Property

    Methods of Disposing of PropertyThe Constitution is silent as to the methods of disposing of property of the United States. In United States v. Gratiot,300 in which the validity of a lease of lead mines on government lands was put in issue, the contention was advanced that "disposal is not lett…

  • District of Columbia Problem

    The Meaning of "State" and the District of Columbia ProblemIn Hepburn v. Ellzey,1 Chief Justice Marshall for the Court confined the meaning of the word "state" as used in the Constitution to "the members of the American confe…

  • Diversity Cases

    The Law Applied in Diversity CasesBy virtue of § 34 of the Judiciary Act of 1789,1 state law expressed in constitutional and statutory form was regularly applied in federal courts in diversity actions to govern the disposition of such cases. But…

  • Disobedience of Orders

    Contempt by Disobedience of OrdersDisobedience of injunctive orders, particularly in labor disputes, has been a fruitful source of cases dealing with contempt of court. In United States v.United Mine Workers,1 the Court held, first, that disobedience…

  • Direct Taxes

    Direct Taxes: MiscellaneousThe power of Congress to levy direct taxes is not confined to the states represented in that body. Such a tax may be levied in proportion to population in the District of Columbia.1 A penalty imposed for nonpayment of a dir…

  • Disabilities of Members

    Disabilities of Members of CongressNo Senator or Representative shall, during the Time for which he was elected, be appointed to any civil Office under the Authority of the United States, which shall have been created, or the Emoluments whereof shall have been increased during such time; and no Pers…