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constitutional law

Nonfederal grounds

The Supreme Court will hear a case from a state court only if the judgment of the state court turned on federal grounds.  It will refuse jurisdiction if it finds grounds for a judgment based on adequate and independent state grounds to support the state decision.

See also adequate and independent state grounds.

 

Adequate and independent state grounds

Refers to the standard used by the Supreme Court to determine if it will hear a case from a state court.  The Supreme Court will hear a case from a state court only if the state court judgment turned on federal grounds.  It will refuse jurisdiction if it finds adequate and independent nonfederal grounds to support the state decision.

Article III

Refers to Article III of the Constitution, the section of the Constitution that authorizes a federal court system.

Naturalization power

The Constitution authorizes Congress under Article I, Section 8, Clause 4 "[t]o establish a uniform rule of naturalization". 

See naturalization.

See congressional power.

Copyright and patent power

Under Article I, Section 8, Clause 8, Congress may "promote the Progress of Science and useful Arts, by securing for limited Times to Authors and Inventors the exclusive Right to their respective Writings and Discoveries".

See copyright, patent, congressional power.

Postal power

Under Article I, Section 8, Clause 4, Congress has the power to establish Post Offices and Post Roads.

See congressional power.

Admiralty and maritime power

In the case Southern Pacific Co. v. Jensen, 244 U.S. 205 (1917), the Supreme Court determined that the Necessary and Proper Clause grants to Congress complete and plenary power to fix and determine the maritime laws throughout the country.

See congressional power.

Letter of marque

A license giving authority to a private citizen allowing the citizen to engage in reprisals against citizens or vessels of another nation. Exclusive power to grant letters of marque lies with Congress pursuant to Article I, § 8, clause 11 of the Constitution.

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