Limiting Federal Court Jurisdiction to Protect Marriage for the States: Hearing Before the Subcommittee on the Constitution of the Committee on the Judiciary, House of Representatives, One Hundred Eighth Congress, Second Session, June 24, 2004, Volumen4U.S. Government Printing Office, 2004 - 153 páginas |
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Página 59
... Convention ; during the Conven- tion and the ratification process , he was in France . He had mixed feelings about the Constitution . He admired some features of it , but he was deeply concerned about the power of the judiciary . In ...
... Convention ; during the Conven- tion and the ratification process , he was in France . He had mixed feelings about the Constitution . He admired some features of it , but he was deeply concerned about the power of the judiciary . In ...
Página 71
... convention . Mr. CHABOT . Thank you . Let me follow up . How does the Judiciary Act of 1789 then form an understanding of the original meaning of Congress ' authority over Federal court jurisdiction ? Mr. REDISH . Well , it shows that ...
... convention . Mr. CHABOT . Thank you . Let me follow up . How does the Judiciary Act of 1789 then form an understanding of the original meaning of Congress ' authority over Federal court jurisdiction ? Mr. REDISH . Well , it shows that ...
Página 90
... Convention and in some of the ratifying conventions that the Su- preme Court would exercise appellate power to reverse jury verdicts on issues of fact . Nevertheless , the language of Article III , Section 2 , explicitly give the ...
... Convention and in some of the ratifying conventions that the Su- preme Court would exercise appellate power to reverse jury verdicts on issues of fact . Nevertheless , the language of Article III , Section 2 , explicitly give the ...
Página 95
... Convention , " the latter provision generally has been considered an appropriate basis for recognizing plenary ... Convention's approval of a motion that would have denied the national govern- ment authority to create lower federal ...
... Convention , " the latter provision generally has been considered an appropriate basis for recognizing plenary ... Convention's approval of a motion that would have denied the national govern- ment authority to create lower federal ...
Página 96
... Convention , the Committee of Style rewrote this language to require “ such inferior courts as Congress may from time to time ordain and establish . " Professor Goebel concluded that this change was intended to rescind the Compromise ...
... Convention , the Committee of Style rewrote this language to require “ such inferior courts as Congress may from time to time ordain and establish . " Professor Goebel concluded that this change was intended to rescind the Compromise ...
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Términos y frases comunes
abolish accompanying text American appellate jurisdiction Article III courts authority bill BOSTON COLLEGE BOSTON COLLEGE LAW CHABOT Chairman circuit courts COLLEGE LAW REVIEW Committee CONG CONGRE CONGRESS THE LIBRARY CONGRESS'S UNDERSTANDING congressional power Court's appellate jurisdiction created Dannemeyer decision diversity jurisdiction DOMA due process Ellsworth enacted Ex parte McCardle exercise federal court jurisdiction federal judiciary federal jurisdiction federal law Federalist GERHARDT gress hearing HOSTETTLER III-JUDICIAL DEPARTMENT inferior courts inferior federal courts infra Appendix issue judicial power Judiciary Act jurisdic legislative LIBRARY OF CONGRESS limit the jurisdiction lower courts lower federal courts MACLAY'S DIARY Madison Marriage Protection Act McCardle NADLER Oliver Ellsworth original jurisdiction Paterson Paterson's Notes Paterson's Speech Pledge of Allegiance power of Congress prayer proposed question ratification regulate restrict same-sex marriages SCHLAFLY separation of powers statute Steve Chabot Supreme Court Supreme Court's appellate tion U.S. Constitution United vested violates
Pasajes populares
Página 1 - At the same time, the candid citizen must confess that if the policy of the government upon vital questions, affecting the whole people, is to be irrevocably fixed by decisions of the Supreme Court, the instant they are made, in ordinary litigation between parties in personal actions, the people will have ceased to be their own rulers, having to that extent practically resigned their government into the hands of that eminent tribunal.
Página 25 - I have never shrunk from its expression... that the germ of dissolution of our Federal Government is in the Constitution of the Federal Judiciary; an irresponsible body... for impeachment is scarcely a scarecrow. . .working like gravity by night and by day, gaining a little today and a little tomorrow, and advancing its noiseless step like a thief, over the field of jurisdiction, until all shall be usurped from the States, and the government of all be consolidated into one.
Página 60 - I pledge allegiance to the Flag of the United States of America and to the Republic for which it stands, one Nation under God, indivisible, with liberty and justice for all.
Página 3 - Limitations of this kind can be preserved in practice no other way than through the medium of the courts of justice; whose duty it must be to declare all acts contrary to the manifest tenor of the constitution void. Without this, all the reservations of particular rights or privileges would amount to nothing.
Página 14 - Hart, The Power of Congress to Limit the Jurisdiction of Federal Courts: An Exercise in Dialectic, 66 HARV.
Página 9 - The notion has frequently been entertained that the Federal courts derive their judicial power immediately from the Constitution ; but the political truth is that the disposal of the judicial power, except in a few specified instances, belongs to Congress.
Página 10 - We are not at liberty to inquire into the motives of the legislature. We can only examine into its power under the Constitution ; and the power to make exceptions to the appellate jurisdiction of this court is given by express words.
Página 33 - I have never shrunk from its expression . . . that the germ of dissolution of our federal government is in the constitution of the federal judiciary; an irresponsible body, (for impeachment is scarcely a scare-crow,) working like gravity by night and by day, gaining a little today and a little tomorrow, and advancing its noiseless step like a thief, over the field of jurisdiction, until all shall be usurped from the States, and the government of all be consolidated into one.
Página 26 - There can be no question of the power of Congress thus to define and limit the jurisdiction of the inferior courts of the United States.
Página 41 - States,* particularly, the whole matter was carefully examined, and the court held, that while "the appellate powers of this court are not given by the judicial act, but are given by the Constitution," they are, nevertheless, "limited and regulated by that act, and by such other acts as have been passed on the subject.