Tag: Original Jurisdiction
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Theory of Plenary Congressional Control
The Theory of Plenary Congressional ControlUnlike its original jurisdiction, the appellate jurisdiction of the Supreme Court is subject to "exceptions and regulations" prescribed by Congress, and the jurisdiction of the inferior federal courts is subject to congressional prescription. Addi…
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Three-Judge Court Act
Three-Judge Court ActWhen the Court in Ex parte Young 1 held that federal courts were not precluded by the Eleventh Amendment from restraining state officers from enforcing state laws determined to be in violation of the federal Constitution, serious…
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Appellate Jurisdiction
Appellate JurisdictionIn Wiscart v. D'Auchy,1 the issue was whether the statutory authorization for the Supreme Court to review on writ of error circuit court decisions in "civil actions" gave it power to review admiralty cases.1171 A m…
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Conflicts of Jurisdiction
Conflicts of Jurisdiction: Federal Court Interference with State CourtsOne challenging the constitutionality, under the United States Constitution, of state actions, statutory or otherwise, could, of course, bring suit in state court; indeed, in the time before conferral of federalquestion jurisdict…
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Jurisdiction of the Inferior Federal Courts
Jurisdiction of the Inferior Federal CourtsThe Framers, as we have seen,1 divided with regard to the necessity of courts inferior to the Supreme Court, simply authorized Congress to create such courts, in which, then, judicial power "shall be ve…
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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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Congressional Control over Writs and Processes
Congressional Control Over Writs and ProcessesThe Judiciary Act of 1789 contained numerous provisions relating to the times and places for holding court, even of the Supreme Court, to times of adjournment, appointment of officers, issuance of writs, citations for contempt, and many other matters whi…
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Writ Scope
Habeas Corpus: Scope of the WritAt the English common law, habeas corpus was available to attack pretrial detention and confinement by executive order; it could not be used to question the conviction of a person pursuant to the judgment of a court with jurisdiction over the person. That common law m…
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Theory of Plenary Congressional Control Reconsidered
The Theory of Plenary Congressional Control ReconsideredDespite the breadth of the language of many of the previously cited cases, the actual holdings constitute something less than an affirmance of plenary congressional power to do anything it desires by manipulation of jurisdiction, and, indeed, t…
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Federal Court Interference
Federal Court Interference with State Courts: RemovalIn the Judiciary Act of 1789, Congress provided that civil actions commenced in the state courts which could have been brought in the original jurisdiction of the inferior federal courts could be removed by the defendant from the state court to th…
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Express Constitutional Restrictions on Congress
Express Constitutional Restrictions on CongressCongress.-"[T]he Constitution is filled with provisions that grant Congress or the States specific power to legislate in certain areas; these granted powers are always subject to the limitations that they may not be exercised in a way that …
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Theory of Plenary Congressional Control Conclusion
Conclusion of the Theory of Plenary Congressional ControThere thus remains a measure of doubt that Congress's power over the federal courts is as plenary as some of the Court's language suggests it is. Congress has a vast amount of discretion in conferring and withdrawing and structuring the…
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Concurrency
Problems Raised by ConcurrencyThe Constitution established a system of government in which total power, sovereignty, was not unequivocally lodged in one level of government. In Chief Justice Marshall's words, "our complex system [presents] the rare and difficult scheme of one genera…
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Supreme Court Orders
Noncompliance With and Disobedience of Supreme Court Orders by State CourtsThe United States Supreme Court when deciding cases on review from the state courts usually remands the case to the state court when it reverses for "proceedings not inconsistent" with the Court's opinion. This …