Tag: IN
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Interstate Rendition
Clause 2. Interstate RenditionA person charged in any State with Treason, Felony, or other Crime, who shall flee from Justice, and be found in another State, shall on Demand of the executive Authority of the State from which he fled, be delivered up, to be removed to the State having Jurisdiction of…
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Indian Lands
Another line of anomalous decisions conferring tax immunity upon lessees of restricted Indian lands was overruled in 1949. The first of these cases, Choctaw & Gulf R.R. v. Harrison,1 held that a gross production tax on oil, gas, and other minerals wa…
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Injunctions
Federal Restraint of State Courts by InjunctionsEven where the federal anti-injunction law is inapplicable, or where the question of application is not reached,1 those seeking to enjoin state court proceedings must overcome substantial prudential bar…
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Indian Tribes
Commerce With Indian TribesCongress's power to regulate commerce "with the Indian tribes," once almost rendered superfluous by Court decision,1 has now been resurrected and made largely the basis for informing judicial judgment with res…
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Inherent Power
An Inherent PowerThe nature of the contempt power was described Justice Field, writing for the Court in Ex parte Robinson, 1 sustaining the act of 1831: "The power to punish for contempts is inherent in all courts; its existence is essential to …
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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…
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Inferior Courts
Inferior CourtsCongress also provided in the Judiciary Act of 1789 for the creation of courts inferior to the Supreme Court. Thirteen district courts were constituted to have four sessions annually,1 and three circuit courts were established. The cir…
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Indian Treaties
Indian TreatiesIn the early cases of Cherokee Nation v. Georgia,1 and Worcester v. Georgia,2 the Court, speaking by Chief Justice Marshall, held, first, that the Cherokee Nation was not a sovereign st…
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Indian Treaties Today
Present Status of Indian TreatiesToday, the subject of Indian treaties is a closed account in the constitutional law ledger. By a rider inserted in the Indian Appropriation Act of March 3, 1871, it was provided "That hereafter no Indian nation or tribe within the territory of the United States …
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Inferior Officers
Inferior Officers (Removal Power, Executive Establishment and Treaties)In the case of inferior officers, Congress may "limit and restrict the power of removal as it deems best for the public interest," 1 and when Congress has vested the pow…
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International Agreements Without Senate Approval
International Agreements Without Senate ApprovalThe capacity of the United States to enter into agreements with other nations is not exhausted in the treaty-making power. The Constitution recognizes a distinction between "treaties" and "agreements" or "compacts" but doe…
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International Compacts
Interpretation and Termination of Treaties as International CompactsThe repeal by Congress of the "self-executing" clauses of a treaty as "law of the land" does not of itself terminate the treaty as an international contract, although it may very well provoke the other party to t…
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International Organizations
International OrganizationsOverlapping of the treatymaking power through congressional-executive cooperation in international agreements is also demonstrated by the use of resolutions approving the United States joining of international organizations 1</a…
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Investigations of Executive Department
Congressional Investigations of Conduct of Executive DepartmentFor many years the investigating function of Congress was limited to inquiries into the administration of the Executive Department or of instrumentalities of the Government. Until the administration of Andrew Jackson this power was not s…
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Investigations of Members of Congress
Congressional Investigations of Members of CongressWhen either House exercises a judicial function, as in judging of elections or determining whether a member should be expelled, it is clearly entitled to compel the attendance of witnesses to disclose the facts upon which its action must be based. T…