Tag: SU
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Supremacy of Laws
Although McCulloch v. Maryland and Gibbons v. Ogden were expressions of a single thesis, the supremacy of the national government, their development after Marshall's death has been sharply divergent. During the period when Gibbons v. Ogden was eclipsed by the theory of dual federalism, the doctr…
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Supremacy of the Constitution
This Constitution, and the Laws of the United States which shall be made in Pursuance thereof; and all Treaties made, or which shall be made, under the Authority of the United States, shall be the supreme Law of the Land; and the Judges in every State shall be bound thereby; any Thing in the Constit…
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Supremacy Clause
The Constitution, laws, and treaties of the United States are as much a part of the law of every state as its own local laws and constitution. Their obligation "is imperative upon the state judges, in their official and not merely in their private capacities. From the very nature of their judic…
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Suits Against Government Corporations
Suits Against Government CorporationsThe multiplication of government corporations during periods of war and depression has provided one motivation for limiting the doctrine of sovereign immunity. In Keifer & Keifer v. RFC,1 the Court held that the g…
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Suits Between Two or More States
Suits Between Two or More StatesThe extension of federal judicial power to controversies between states and the vesting of original jurisdiction in the Supreme Court of suits to which a state is a party had its origin in experience. Prior to independence, disputes between colonies claiming charter r…
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Suits between States
Modern Types of Suits Between StatesBeginning with Missouri v. Illinois & Chicago District,1 which sustained jurisdiction to entertain an injunction suit to restrain the discharge of sewage into the Mississippi River, water rights, the use of water r…
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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 …
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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…
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Suits Against States
Suits Against StatesControversies to which the United States is a party include suits brought against states as party defendants. The first such suit occurred in United States v. North Carolina,1 which was an action by the United States to recover up…
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Suits Against Officials
Suits Against United States OfficialsUnited States v. Lee, a 5-to-4 decision, qualified earlier holdings that a judgment affecting the property of the United States was in effect against the United States, by ruling that title to the Arlington estate of the Lee family, then being used as a national …
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Summary Punishment
Due Process Limitations on Contempt Power: Right to Notice and to a Hearing Versus Summary PunishmentMisbehavior in the course of a trial may be punished summarily by the trial judge. In Ex parte Terry,1 the Court denied habeas corpus relief to a lit…
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Subordinate Executive Officers
Power and Duty of the President in Relation to Subordinate Executive OfficersIf the law casts a duty upon a head of department eo nomine, does the President thereupon become entitled by virtue of his duty to "take Care that the Laws be faithfully executed," to substitute his own judgment f…