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CRS Annotated Constitution

ARTICLE III597
JUDICIAL DEPARTMENT597
Section 1.Judicial Power, Courts, Judges597
ORGANIZATION OF COURTS, TENURE, AND COMPENSATION OF JUDGES597
One Supreme Court598
Inferior Courts599
Abolition of Courts600
Compensation600
Diminution of Salaries600
Courts of Specialized Jurisdiction602
Legislative Courts: The Canter Case604
Power of Congress Over Legislative Courts605
Review of Legislative Courts by Supreme Court606
The “Public Rights” Distinction607
Constitutional Status of the Court of Claims and the Courts of Customs and Patent Appeals610
Status of Courts of the District of Columbia611
Bankruptcy Courts613
Agency Adjudication615
Noncourt Entities in the Judicial Branch617
JUDICIAL POWER618
Characteristics and Attributes of Judicial Power618
Finality of Judgment as an Attribute of Judicial Power620
Award of Execution621
ANCILLARY POWERS OF FEDERAL COURTS623
The Contempt Power623
Categories of Contempt623
The Act of 1789625
An Inherent Power625
First Amendment Limitations on the Contempt Power627
Due Process Limitations on Contempt Power: Right to Notice and to a Hearing versus Summary Punishment629
Due Process Limitations on Contempt Power: Right to Jury Trial630
Due Process Limitations on Contempt Powers: Impartial Tribunal631
Contempt by Disobedience of Orders634
Contempt Power in Aid of Administrative Power634
Sanctions Other Than Contempt635
Power to Issue Writs: The Act of 1789636
Common Law Powers of District of Columbia Courts637
Habeas Corpus: Congressional and Judicial Control638
Habeas Corpus: The Process of the Writ639
Congressional Limitation of the Injunctive Power641
Injunctions Under the Emergency Price Control Act of 1942643
The Rule–Making Power and Powers Over Process644
Limitations to This Power645
Appointment of Referees, Masters, and Special Aids646
Power to Admit and Disbar Attorneys646
ARTICLE III647
JUDICIAL DEPARTMENT647
Section 2.Judicial Power and Jurisdiction647
Section 2. Judicial Power and Jurisdiction647
Clause 1.Cases and Controversies; Grants of Jurisdiction647
JUDICIAL POWER AND JURISDICTION—CASES AND CONTROVERSIES648
The Two Classes of Cases and Controversies649
Adverse Litigants651
Collusive and Feigned Suits652
Stockholder Suits653
Substantial Interest: Standing654
Citizen Suits655
Taxpayer Suits656
Constitutional Standards: Injury in Fact, Causation, and Redressability658
Prudential Standing Rules661
Standing to Assert the Constitutional Rights of Others662
Organizational Standing665
Standing of States to Represent Their Citizens665
Standing of Members of Congress666
Standing to Challenge Nonconstitutional Governmental Action668
The Requirement of a Real Interest670
Advisory Opinion671
Declaratory Judgments673
Ripeness676
Mootness679
Retroactivity Versus Prospectivity683
Political Questions687
Origins and Development688
The Doctrine Before Baker v. Carr689
Baker v. Carr693
Powell v. McCormack694
The Doctrine Reappears696
ARTICLE III698
JUDICIAL DEPARTMENT698
Section 2. Judicial Power and Jurisdiction698
JUDICIAL REVIEW698
The Establishment of Judicial Review698
Marbury v. Madison701
Judicial Review and National Supremacy703
Limitations on the Exercise of Judicial Review705
Constitutional Interpretation705
Prudential Considerations706
The Doctrine of Clear Mistake708
Exclusion of Extra–Constitutional Tests709
Presumption of Constitutionality710
Disallowance by Statutory Interpretation710
Stare Decisis in Constitutional Law711
Conclusion712
Federal Question Jurisdiction713
ARTICLE III713
JUDICIAL DEPARTMENT713
Section 2. Judicial Power and Jurisdiction713
JURISDICTION OF SUPREME COURT AND INFERIOR FEDERAL COURTS713
Cases Arising Under the Constitution, Laws, and Treaties of the United States713
Development of Federal Question Jurisdiction713
When a Case Arises Under714
Removal From State Court to Federal Court716
Corporations Chartered by Congress717
Federal Questions Resulting from Special Jurisdictional Grants718
Civil Rights Act Jurisdiction719
Pendent Jurisdiction721
Protective Jurisdiction722
Supreme Court Review of State Court Decisions723
Suits Affecting Ambassadors, Other Public Ministers, and Consuls726
Cases of Admiralty and Maritime Jurisdiction728
Power of Congress To Modify Maritime Law729
Admiralty and Maritime Cases732
Admiralty Proceedings735
Territorial Extent of Admiralty and Maritime Jurisdiction736
Admiralty and Federalism737
Cases to Which the United States Is a Party743
Right of the United States to Sue743
Suits Against States745
Immunity of the United States From Suit746
Suits Against United States Officials748
Suits Against Government Corporations751
Suits Between Two or More States752
Boundary Disputes: The Law Applied752
Modern Types of Suits Between States753
Cases of Which the Court Has Declined Jurisdiction755
The Problem of Enforcement: Virginia v. West Virginia756
Controversies Between a State and Citizens of Another State757
Jurisdiction Confined to Civil Cases758
The State’s Real Interest758
The State as Parens Patriae759
Controversies Between Citizens of Different States761
The Meaning of “State” and the District of Columbia Problem762
Citizenship of Natural Persons763
Citizenship of Corporations764
Manufactured Diversity766
The Law Applied in Diversity Cases767
Controversies Between Citizens of the Same State Claiming Land Under Grants of Different States773
Controversies Between a State, or the Citizens Thereof, and Foreign States, Citizens, or Subjects774
Suits by Foreign States774
Indian Tribes775
Narrow Construction of the Jurisdiction776
ARTICLE III776
JUDICIAL DEPARTMENT776
Section 2. Judicial Power and Jurisdiction776
Clause 2Original and Appellate Jurisdiction; Exceptions and Regulations of Appellate Jurisdiction776
THE ORIGINAL JURISDICTION OF THE SUPREME COURT776
Cl 2779
POWER OF CONGRESS TO CONTROL THE FEDERAL COURTS779
The Theory of Plenary Congressional Control779
Appellate Jurisdiction780
Jurisdiction of the Inferior Federal Courts782
Congressional Control Over Writs and Processes785
The Theory Reconsidered786
Express Constitutional Restrictions on Congress791
Conclusion792
FEDERAL–STATE COURT RELATIONS792
Problems Raised by Concurrency792
The Autonomy of State Courts794
Noncompliance With and Disobedience of Supreme Court Orders by State Courts794
Use of State Courts in Enforcement of Federal Law795
State Interference with Federal Jurisdiction797
Conflicts of Jurisdiction: Rules of Accommodation798
Comity798
Abstention798
Exhaustion of State Remedies800
Anti–Injunction Statute801
Three–Judge Court Act803
Conflicts of Jurisdiction; Federal Court Interference with State Courts803
Federal Restraint of State Courts by Injunctions804
Habeas Corpus: Scope of the Writ809
Removal819
Clause 3Trial by Jury821
ARTICLE III821
JUDICIAL DEPARTMENT821
Section 3Treason821
Clause 1Definition and Limitations821
TREASON821
Levying War822
The Burr Trial823
Aid and Comfort to the Enemy824
The Cramer Case824
The Haupt Case824
The Kawakita Case826
Doubtful State of the Law of Treason Today827
Clause 2Punishment827
CORRUPTION OF THE BLOOD AND FORFEITURE827