Tag: PE
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Penal Judgments
Penal Judgments: Types Entitled to RecognitionThe Full Faith and Credit Clause has been interpreted in the light of the "incontrovertible maxim" that "the courts of no country execute the penal laws of another." 97 In the leading case of Huntington v. Attrill,98 however, the Cour…
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Pendent Jurisdiction
Pendent JurisdictionOnce jurisdiction has been acquired through allegation of a federal question not plainly wanting in substance, 1 a federal court may decide any issue necessary to the disposition of a case, notwithstanding that other non-federal q…
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Persons Subject to Impeachment
Persons Subject to ImpeachmentDuring the debate in the First Congress on the "removal" controversy, it was contended by some members that impeachment was the exclusive way to remove any officer of the government from his post,1 but Madison …
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Permissible Delegations
The Nature and Scope of Permissible DelegationsThe early Court suggested alternative theories to justify sustaining delegations. The first theory is that Congress may legislate contingently, leaving to others the task of ascertaining the facts that bring its declared policy into operation.<a name=t1…
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Permissible Delegations Conflict Authority.
Conflict Between State or Federal Statutes and Delegated Authority.A rule or regulation properly promulgated under authority received from Congress is law, and under the supremacy clause of the Constitution can preempt state law.1 Further, in exercis…
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Permissible Delegations Details
Filling Up the Details.In finding a power to "fill up the details," the Court in Wayman v. Southard 1 rejected the contention that Congress had unconstitutionally delegated power to the federal courts to establish their own rules of practic…
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Permissible Delegations Legislation
Permissible Delegations Contingent LegislationAn entirely different problem arises when, instead of directing another department of government to apply a general statute to individual cases, or to supplement it by detailed regulation, the Congress passes contingent legislation. Under such legislatio…
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Permissible Delegations Standards
Permissible Delegations StandardsImplicit in the concept of filling in the details is the idea that there is some intelligible guiding principle or framework to apply. Indeed, the requirement that Congress set forth "intelligible principles" or "standards" to guide as well as lim…
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Personal Liberty
Personal Liberty (Constitution at Home in Wartime)Liberty.&emdash;"The Constitution of the United States is a law for rulers and people, equally in war and in peace, and covers with the shield of its protection all classes of men, at all times, and under all circumstances. No doctrine, involvin…