Tag: Federal Courts
-
Administrative Power
Contempt Power in Aid of Administrative PowerProceedings to enforce the orders of administrative agencies and subpoenas issued by them to appear and produce testimony have become increasingly common since the leading case of ICC v. Brimson,1 which he…
-
Power to Issue Writs
Power to Issue Writs: The Act of 1789From the beginning of government under the Constitution of 1789, Congress has assumed, under the Necessary and Proper Clause, its power to establish inferior courts, its power to regulate the jurisdiction of federal courts, and its power to regulate the issuance …
-
Contempt
Sanctions of the Investigatory Power: ContemptExplicit judicial recognition of the right of either house of Congress to commit for contempt a witness who ignores its summons or refuses to answer its inquiries dates from McGrain v. Daugherty.1 But the…
-
Common Law Powers
Common Law Powers of District of Columbia CourtsThe portion of § 13 of the Judiciary Act of 1789 that authorized the Supreme Court to issue writs of mandamus in the exercise of its original jurisdiction was held invalid in Marbury v. Madison,1 a…
-
Habeas Corpus
Suspension of Habeas Corpus by the PresidentSee Article I, § 9.ResourcesNotes and ReferencesThis text about Habeas Corpus is based on "The Constitution of the United States…
-
Process of the Writ
Habeas Corpus: The Process of the WritA petition for a writ of habeas corpus is filed by or on behalf of a person in "custody," a concept which has been expanded so much that it is no longer restricted to actual physical detention in jail or prison.<a name=t1 href=#f1 target="_self&qu…
-
Injunctive Power
Congressional Limitation of the Injunctive PowerAlthough some judicial dicta 1 support the idea of an inherent power of the federal courts sitting in equity to issue injunctions independently of statutory limitations, neither the course taken by Cong…
-
Emergency Price Control Act of 1942
Injunctions Under the Emergency Price Control Act of 1942Lockerty v. Phillips 1 justifies the same conclusion. Here the validity of the special appeals procedure of the Emergency Price Control Act of 1942 was sustained. This act provided for a specia…
-
Powers Over Process
The Rule-Making Power and Powers Over ProcessAmong the incidental powers of courts is that of making all necessary rules governing their process and practice and for the orderly conduct of their business.322 However, this power too is derived from the statutes and cannot go beyond them. The landmark…
-
Rule Making Power
Limitations to The Rule Making PowerThe principal function of court rules is that of regulating the practice of courts as regards forms, the operation and effect of process, and the mode and time of proceedings. However, rules are sometimes employed to state in convenient form principles of substant…
-
Appointment of Referees
Appointment of Referees, Masters, and Special AidsThe administration of insolvent enterprises, investigations into the reasonableness of public utility rates, and the performance of other judicial functions often require the special services of masters in chancery, referees, auditors, and other spec…