Tag: TH
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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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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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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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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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Theory of the Presidential Office
Executive Power: Theory of the Presidential OfficeThe most obvious meaning of the language of Article II, § 1, is to confirm that the executive power is vested in a single person, but almost from the beginning it has been contended that the words mean much more than this simple designation of l…
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The Darby Case
The Darby CaseIn sustaining the Fair Labor Standards Act 1 in 1941,2 the Court expressly overruled Hammer v. Dagenhart.3 "The distinction on whic…
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The Lottery Case
The Lottery CaseThe first case to come before the Court in which the issues discussed above were canvassed at all thoroughly was Champion v. Ames,1 involving the act of 1895 "for the suppression of lotteries." <a name=t2 href=#f2 target=&qu…