Tag: RE
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Recognition of Rights
Development of the Modern RuleAlthough the language of section one suggests that the same respect should be accorded to "public acts" that is accorded to "judicial proceedings" ("full faith and credit shall be given in each State to the public acts, records, and judicial pro…
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Republican Form of Government
Guarantee of Republican Form of GovernmentThe first clause of this section, in somewhat different language, was contained in the Virginia Plan introduced in the Convention and was obviously attributable to Madison.330 Through the various permutations into its final form,331 the object of the clause …
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Real Interest
The Requirement of a Real InterestAlmost inseparable from the requirements of adverse parties and substantial enough interests to confer standing is the requirement that a real issue be presented, as contrasted with speculative, abstract, hypothetical, or moot issues. It has long been the Court'…
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Removal from State Court
Removal From State Court to Federal CourtA limited right to "remove" certain cases from state courts to federal courts was granted to defendants in the Judiciary Act of 1789,1 and from then to 1872 Congress enacted several specific removal …
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Res Judicata
Res JudicataBoth the Constitution and a contemporaneously enacted statute require federal courts to give "full faith and credit" to state court judgments, to give, that is, preclusive effect to state court judgments when those judgments would be given preclusive effect by the courts of tha…
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Represent Citizens
Standing of States to Represent Their CitizensThe right of a state to sue as parens patriae, in behalf of its citizens, has long been recognized.1 No state, however, may be parens patriae of its citizens "as against the Federal Government."…
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Review of Legislative Courts by Supreme Court
Review of Legislative Courts by Supreme CourtChief Justice Taney's view, which would have been expressed in Gordon,1 that the judgments of legislative courts could never be reviewed by the Supreme Court, was tacitly rejected in De Groot v. United…
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Recent Statements of the Doctrine
Recent Statements of the DoctrineThe assumption underlying the refusal of courts to intervene in cases involving conduct of foreign relations is well stated in Chicago & S. Air Lines v. Waterman S.S. Corp.1 Here, the Court refused to review orders of…
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Recess Appointments
Recess Appointments (Presidential Duties and Powers)The Recess Appointments Clause was adopted by the Constitutional Convention without dissent and without debate regarding the intent and scope of its terms. In Federalist No. 67, Alexander Hamilton refers to the recess appointment power as "not…
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Reciprocal Trade Agreements
Reciprocal Trade AgreementsThe most copious source of executive agreements has been legislation which provided authority for entering into reciprocal trade agreements with other nations. 1 Such agreements in the form of treaties providing for the rec…
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Removal Power Rationalized
The Removal Power Rationalized (Removal Power, Executive Establishment and Treaties)The tension that had long been noticed between Myers and Humphrey's Executor, at least in terms of the language used in those cases but also to some extent in their holdings, appears to have been ameliorated by t…
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Revenue Bills
Revenue Bills (Legislative Process)Insertion of this clause was another of the devices sanctioned by the Framers to preserve and enforce the separation of powers.1 It applies, in the context of the permissibility of Senate amendments to a House-passe…
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Regulate
Regulate Definition"We are now arrived at the inquiry&emdash;what is this power?" continued the Chief Justice. "It is the power to regulate; that is, to prescribe the rule by which commerce is to be governed. This power, like all others vested in congress, is complete in itself, may b…
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Remedy
Remedy a Part of the Private ObligationSuppose, however, that one of the parties to a contract fails to live up to his obligation as thus determined. The contract itself may now be regarded as at an end, but the injured party, nevertheless, has a new set of rights in its stead, those which are furni…