| ARTICLE III | 597 |
| JUDICIAL DEPARTMENT | 597 |
| Section 1. | Judicial Power, Courts, Judges | 597 |
| ORGANIZATION OF
COURTS, TENURE, AND COMPENSATION OF JUDGES | 597 |
| One Supreme
Court | 598 |
| Inferior
Courts | 599 |
| Abolition of
Courts | 600 |
| Compensation | 600 |
| Diminution of
Salaries | 600 |
| Courts of
Specialized Jurisdiction | 602 |
| Legislative
Courts: The Canter Case | 604 |
| Power of
Congress Over Legislative Courts | 605 |
| Review of
Legislative Courts by Supreme Court | 606 |
| The “Public
Rights” Distinction | 607 |
| Constitutional
Status of the Court of Claims and the Courts of Customs
and Patent Appeals | 610 |
| Status of
Courts of the District of Columbia | 611 |
| Bankruptcy
Courts | 613 |
| Agency
Adjudication | 615 |
| Noncourt
Entities in the Judicial Branch | 617 |
| JUDICIAL POWER | 618 |
|
Characteristics and Attributes of Judicial Power | 618 |
| Finality of
Judgment as an Attribute of Judicial Power | 620 |
| Award of
Execution | 621 |
| ANCILLARY POWERS
OF FEDERAL COURTS | 623 |
| The Contempt
Power | 623 |
| Categories of
Contempt | 623 |
| The Act of
1789 | 625 |
| An Inherent
Power | 625 |
| First Amendment
Limitations on the Contempt Power | 627 |
| Due Process
Limitations on Contempt Power: Right to Notice and to a
Hearing versus Summary Punishment | 629 |
| Due Process
Limitations on Contempt Power: Right to Jury Trial | 630 |
| Due Process
Limitations on Contempt Powers: Impartial Tribunal | 631 |
| Contempt by
Disobedience of Orders | 634 |
| Contempt Power
in Aid of Administrative Power | 634 |
| Sanctions
Other Than Contempt | 635 |
| Power to
Issue Writs: The Act of 1789 | 636 |
| Common Law
Powers of District of Columbia Courts | 637 |
| Habeas Corpus:
Congressional and Judicial Control | 638 |
| Habeas Corpus:
The Process of the Writ | 639 |
|
Congressional Limitation of the Injunctive Power | 641 |
| Injunctions
Under the Emergency Price Control Act of 1942 | 643 |
| The
Rule–Making Power and Powers Over Process | 644 |
| Limitations to
This Power | 645 |
| Appointment
of Referees, Masters, and Special Aids | 646 |
| Power to
Admit and Disbar Attorneys | 646 |
| ARTICLE III | 647 |
| JUDICIAL
DEPARTMENT | 647 |
| Section 2. | Judicial Power and Jurisdiction | 647 |
| Section 2.
Judicial Power and Jurisdiction | 647 |
| Clause 1. | Cases and Controversies; Grants of Jurisdiction | 647 |
| JUDICIAL POWER
AND JURISDICTION—CASES AND CONTROVERSIES | 648 |
| The Two
Classes of Cases and Controversies | 649 |
| Adverse
Litigants | 651 |
| Collusive and
Feigned Suits | 652 |
| Stockholder
Suits | 653 |
| Substantial
Interest: Standing | 654 |
| Citizen Suits | 655 |
| Taxpayer
Suits | 656 |
| Constitutional
Standards: Injury in Fact, Causation, and Redressability | 658 |
| Prudential
Standing Rules | 661 |
| Standing to
Assert the Constitutional Rights of Others | 662 |
| Organizational
Standing | 665 |
| Standing of
States to Represent Their Citizens | 665 |
| Standing of
Members of Congress | 666 |
| Standing to
Challenge Nonconstitutional Governmental Action | 668 |
| The
Requirement of a Real Interest | 670 |
| Advisory
Opinion | 671 |
| Declaratory
Judgments | 673 |
| Ripeness | 676 |
| Mootness | 679 |
| Retroactivity
Versus Prospectivity | 683 |
| Political
Questions | 687 |
| Origins and
Development | 688 |
| The Doctrine
Before Baker v. Carr | 689 |
| Baker v. Carr | 693 |
| Powell v.
McCormack | 694 |
| The Doctrine
Reappears | 696 |
| ARTICLE III | 698 |
| JUDICIAL
DEPARTMENT | 698 |
| Section 2.
Judicial Power and Jurisdiction | 698 |
| JUDICIAL REVIEW | 698 |
| The
Establishment of Judicial Review | 698 |
| Marbury v.
Madison | 701 |
| Judicial Review
and National Supremacy | 703 |
| Limitations
on the Exercise of Judicial Review | 705 |
| Constitutional
Interpretation | 705 |
| Prudential
Considerations | 706 |
| The Doctrine of
Clear Mistake | 708 |
| Exclusion of
Extra–Constitutional Tests | 709 |
| Presumption of
Constitutionality | 710 |
| Disallowance by
Statutory Interpretation | 710 |
| Stare Decisis
in Constitutional Law | 711 |
| Conclusion | 712 |
| Federal
Question Jurisdiction | 713 |
| ARTICLE III | 713 |
| JUDICIAL
DEPARTMENT | 713 |
| Section 2.
Judicial Power and Jurisdiction | 713 |
| JURISDICTION OF
SUPREME COURT AND INFERIOR FEDERAL COURTS | 713 |
| Cases Arising
Under the Constitution, Laws, and Treaties of the United
States | 713 |
| Development of
Federal Question Jurisdiction | 713 |
| When a Case
Arises Under | 714 |
| Removal From
State Court to Federal Court | 716 |
| Corporations
Chartered by Congress | 717 |
| Federal
Questions Resulting from Special Jurisdictional Grants | 718 |
| Civil Rights
Act Jurisdiction | 719 |
| Pendent
Jurisdiction | 721 |
| Protective
Jurisdiction | 722 |
| Supreme Court
Review of State Court Decisions | 723 |
| Suits
Affecting Ambassadors, Other Public Ministers, and Consuls | 726 |
| Cases of
Admiralty and Maritime Jurisdiction | 728 |
| Power of
Congress To Modify Maritime Law | 729 |
| Admiralty and
Maritime Cases | 732 |
| Admiralty
Proceedings | 735 |
| Territorial
Extent of Admiralty and Maritime Jurisdiction | 736 |
| Admiralty and
Federalism | 737 |
| Cases to
Which the United States Is a Party | 743 |
| Right of the
United States to Sue | 743 |
| Suits Against
States | 745 |
| Immunity of
the United States From Suit | 746 |
| Suits Against
United States Officials | 748 |
| Suits Against
Government Corporations | 751 |
| Suits
Between Two or More States | 752 |
| Boundary
Disputes: The Law Applied | 752 |
| Modern Types
of Suits Between States | 753 |
| Cases of Which
the Court Has Declined Jurisdiction | 755 |
| The Problem of
Enforcement: Virginia v. West Virginia | 756 |
|
Controversies Between a State and Citizens of Another State | 757 |
| Jurisdiction
Confined to Civil Cases | 758 |
| The State’s
Real Interest | 758 |
| The State as
Parens Patriae | 759 |
|
Controversies Between Citizens of Different States | 761 |
| The Meaning of
“State” and the District of Columbia Problem | 762 |
| Citizenship of
Natural Persons | 763 |
| Citizenship of
Corporations | 764 |
| Manufactured
Diversity | 766 |
| The Law
Applied in Diversity Cases | 767 |
| Controversies Between Citizens of the Same State Claiming
Land Under Grants of Different States | 773 |
| Controversies Between a State, or the Citizens Thereof, and
Foreign States, Citizens, or Subjects | 774 |
| Suits by
Foreign States | 774 |
| Indian
Tribes | 775 |
| Narrow
Construction of the Jurisdiction | 776 |
| ARTICLE III | 776 |
| JUDICIAL
DEPARTMENT | 776 |
| Section 2.
Judicial Power and Jurisdiction | 776 |
| Clause 2 | Original and Appellate Jurisdiction; Exceptions and Regulations of Appellate Jurisdiction | 776 |
| THE ORIGINAL
JURISDICTION OF THE SUPREME COURT | 776 |
| Cl 2 | 779 |
| POWER OF
CONGRESS TO CONTROL THE FEDERAL COURTS | 779 |
| The Theory
of Plenary Congressional Control | 779 |
| Appellate
Jurisdiction | 780 |
| Jurisdiction
of the Inferior Federal Courts | 782 |
| Congressional
Control Over Writs and Processes | 785 |
| The Theory
Reconsidered | 786 |
| Express
Constitutional Restrictions on Congress | 791 |
| Conclusion | 792 |
| FEDERAL–STATE
COURT RELATIONS | 792 |
| Problems
Raised by Concurrency | 792 |
| The
Autonomy of State Courts | 794 |
| Noncompliance
With and Disobedience of Supreme Court Orders by State
Courts | 794 |
| Use of State
Courts in Enforcement of Federal Law | 795 |
| State
Interference with Federal Jurisdiction | 797 |
| Conflicts of
Jurisdiction: Rules of Accommodation | 798 |
| Comity | 798 |
| Abstention | 798 |
| Exhaustion of
State Remedies | 800 |
| Anti–Injunction Statute | 801 |
| Three–Judge
Court Act | 803 |
| Conflicts of
Jurisdiction; Federal Court Interference with State Courts | 803 |
| Federal
Restraint of State Courts by Injunctions | 804 |
| Habeas Corpus:
Scope of the Writ | 809 |
| Removal | 819 |
| Clause 3 | Trial by Jury | 821 |
| ARTICLE III | 821 |
| JUDICIAL
DEPARTMENT | 821 |
| Section 3 | Treason | 821 |
| Clause 1 | Definition and Limitations | 821 |
| TREASON | 821 |
| Levying War | 822 |
| The Burr
Trial | 823 |
| Aid and
Comfort to the Enemy | 824 |
| The Cramer
Case | 824 |
| The Haupt
Case | 824 |
| The Kawakita
Case | 826 |
| Doubtful
State of the Law of Treason Today | 827 |
| Clause 2 | Punishment | 827 |
| CORRUPTION OF
THE BLOOD AND FORFEITURE | 827 |
