Constitutional US Law

Tag: Inferior Federal Courts Jurisdiction

  • Protective Jurisdiction

    Protective JurisdictionA conceptually difficult doctrine, which approaches the verge of a serious constitutional gap, is the concept of protective jurisdiction. Under this doctrine, it is argued that in instances in which Congress has legislative jurisdiction, it can confer federal jurisdiction, wit…

  • 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…

  • Maritime Law

    Maritime Law (Necessary and Proper Clause)Congress may implement the admiralty and maritime jurisdiction conferred upon the federal courts by revising and amending the maritime law that existed at the time the Constitution was adopted, but in so doing, it cannot go beyond the reach of that jurisdict…

  • Supreme Court Review of State Court Decisions

    Supreme Court Review of State Court DecisionsIn addition to the constitutional issues presented by § 25 of the Judiciary Act of 1789 and subsequent enactments,1 questions have continued to arise concerning review of state court judgments which g…

  • Virginia v. West Virginia

    The Problem of Enforcement: Virginia v. West VirginiaA very important issue in interstate litigation is the enforcement of the Court's decree, once it has been entered. In some types of suits, this issue may not arise, and if it does, it may be easily met. Thus, a judgment putting a state in pos…

  • Ambassadors

    Suits Affecting Ambassadors, Other Public Ministers, and ConsulsThe earliest interpretation of the grant of original jurisdiction to the Supreme Court came in the Judiciary Act of 1789, which conferred on the federal district courts jurisdiction of suits to which a consul might be a party. This legi…

  • Citizens

    Controversies Between a State and Citizens of Another StateThe decision in Chisholm v. Georgia 1 that cases "between a state and citizens of another state" included those where a state was a party defendant provoked the proposal and ratific…

  • Admiralty Cases

    Cases of Admiralty and Maritime JurisdictionThe admiralty and maritime jurisdiction of the federal courts had its origins in the jurisdiction vested in the courts of the Admiral of the English Navy. Prior to independence, vice-admiralty courts were created in the Colonies by commissions from the Eng…

  • Civil Cases

    Jurisdiction Confined to Civil CasesIn Cohens v. Virginia, 1 there is a dictum to the effect that the original jurisdiction of the Supreme Court does not include suits between a state and its own citizens. Long afterwards, the Supreme Court dismissed…

  • Admiralty

    Admiralty and Maritime CasesAdmiralty and maritime jurisdiction comprises two types of cases: (1) those involving acts committed on the high seas or other navigable waters, and (2) those involving contracts and transactions connected with shipping employed on the seas or navigable waters. In the fir…

  • Parens Patriae

    The State as Parens PatriaeThe distinction between suits brought by states to protect the welfare of their citizens as a whole and suits to protect the private interests of individual citizens is not easily drawn. Thus, in Oklahoma v. Atchison, T. & S.F. Ry.,<a name=t1 href=#f1 target="_self&qu…

  • Admiralty Proceedings

    Admiralty ProceedingsProcedure in admiralty jurisdiction differs in few respects from procedure in actions at law, but the differences that do exist are significant.1 Suits in admiralty traditionally took the form of a proceeding in rem against the v…

  • Controversies between Citizens of Different States

    Controversies Between Citizens of Different StatesThe records of the Federal Convention are silent on why the Framers included controversies between citizens of different states among the judicial power of the United States,1 but Congress has given &…

  • Maritime Jurisdiction

    Territorial Extent of Admiralty and Maritime JurisdictionAlthough he was a vigorous exponent of the expansion of admiralty jurisdiction, Justice Story for the Court in The Steamboat Thomas Jefferson 1 adopted a restrictive English rule confining admi…

  • 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…