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  1. LII
  2. U.S. Constitution Annotated
  3. Article III. Judicial Branch

    Article III

    • Section 1 Vesting Clause
      • Overview of the Judicial Vesting Clause
      • Historical Background of Judicial Review
      • Marbury v. Madison and Judicial Review
      • Inherent Powers of Federal Courts
        • Overview of Inherent Powers of Federal Courts
        • Inherent Powers over Judicial Procedure
        • Inherent Powers over Contempt and Sanctions
        • Inherent Power to Issue Judgments
      • Congressional Control over Judicial Power
        • Overview of Congressional Control over Judicial Power
        • Reopening Final Judicial Decisions
        • Imposing Non-Adjudicatory Functions on Courts
      • Federal and State Courts
        • Overview of the Relationship Between Federal and State Courts
        • Historical Background on the Relationship Between Federal and State Courts
        • Doctrine on Federal and State Courts
        • State Court Jurisdiction to Enforce Federal Law
        • Supreme Court Review of State Court Interpretations of Federal Law
        • Limits on State Court Control of Federal Proceedings
        • Federal Non-Interference with State Jurisdiction
        • The Exhaustion Doctrine and State Law Remedies
        • Habeas Review
      • Supreme Court Rulings
        • Overview of Supreme Court Rulings
        • Stare Decisis
          • Historical Background on the Stare Decisis Doctrine
          • Stare Decisis Doctrine: Current Doctrine
            • The Stare Decisis Doctrine Generally
            • Stare Decisis Factors
        • Retroactivity of Supreme Court Decisions
          • Overview of Retroactivity of Supreme Court Decisions
          • Retroactivity of Criminal Decisions
          • Retroactivity of Civil Decisions
      • Congressional Power to Establish Article III Courts
        • Overview of Establishment of Article III Courts
        • Historical Background on Establishment of Article III Courts
        • Congressional Power to Establish the Supreme Court
        • Establishment of Inferior Federal Courts
        • Congressional Power to Abolish Federal Courts
        • Congressional Power to Establish Courts of Specialized Jurisdiction
      • Congressional Power to Establish Non-Article III Courts
        • Overview of Congressional Power to Establish Non-Article III Courts
        • Congressional Power to Structure Legislative Courts
        • Supreme Court Review of Legislative Court Decisions
        • District of Columbia and Territorial Courts
        • Non-Article III Military Courts
        • Legislative Courts Adjudicating Public Rights
        • Article I Adjuncts to Article III Courts
        • Bankruptcy Courts as Adjuncts to Article III Courts
        • Consent to Article I Court Jurisdiction
      • Federal Judiciary Protections
        • Overview of Federal Judiciary Protections
        • Good Behavior Clause
          • Good Behavior Clause: Overview
          • Good Behavior Clause: Historical Background
          • Good Behavior Clause: Doctrine and Practice
        • Compensation Clause
          • Historical Background of the Compensation Clause
          • Compensation Clause Doctrine and Practice
    • Section 2 Justiciability
      • Clause 1 Cases and Controversies
        • Overview of Cases and Controversies
        • Clause 1 Cases and Controversies: Historical Background
        • Rules of Justiciability and the Case or Controversy Requirement
          • Rules of Justiciability and the Case or Controversy Requirement: Overview
          • Rules of Justiciability and the Case or Controversy Requirement: Historical Background
        • Advisory Opinions
          • Overview of Advisory Opinions
          • Advisory Opinion Doctrine and Practice
          • Advisory Opinions and Declaratory Judgments
        • Adversity Requirement
          • Overview of Adversity Requirement
          • Early Adversity Doctrine
          • Modern Adversity Doctrine
            • Intra-Branch Litigation
            • Challenges to Statutes that the Executive Branch Agrees are Unconstitutional
        • Standing
          • Overview of Standing
          • Early Standing Doctrine
          • Standing Doctrine from 1940s to 1970s
          • The Lujan v. Defenders of Wildlife Test
            • Overview of the Lujan Test
            • Concrete Injury
            • Particularized Injury
            • Actual or Imminent Injury
            • Causation
            • Redressability
          • Taxpayer Standing
          • Representational Standing
            • Overview of Representational Standing
            • Associational Standing
            • States and Parens Patriae
            • Assignees of a Claim
            • Agency and Standing
            • Overbreadth Doctrine
          • Standing of Federal and State Legislators
          • Congressional Control of Standing
          • Prudential Standing
            • Overview of Prudential Standing
            • Zone of Interests Test
            • Third Party Standing
            • Generalized Grievances
        • Ripeness
          • Overview of Ripeness Doctrine
          • United Public Workers and Ripeness
          • Abbott Laboratories Trilogy and Ripeness
          • The Ripeness Doctrine Since 1967: Overview
          • Fitness and Ripeness
          • Hardship and Ripeness
          • Contexts in Which Ripeness Arises
          • Administrative Law and Ripeness
          • Criminal Statutes and Ripeness
          • Takings and Ripeness
          • Continuing Vitality of Ripeness Doctrine
        • Mootness
          • Overview of Mootness Doctrine
          • Early Mootness Doctrine
          • Modern Mootness Doctrine
          • General Criteria of Mootness
          • Exceptions to Mootness Overview
          • Voluntary Cessation Doctrine
          • Capable of Repetition, Yet Evading Review
          • Criminal Cases and Mootness
          • Class Action Litigation and Mootness
        • Political Questions
          • Overview of Political Question Doctrine
          • Marbury v. Madison and Political Question Doctrine
          • Luther v. Borden and the Guarantee Clause
          • From Coleman v. Miller to Baker v. Carr
          • Modern Political Question Doctrine
          • Foreign Affairs as a Political Question
          • Congressional Governance as a Political Question
          • Impeachment and Political Questions
          • Political Process, Elections, and Gerrymandering
          • Evolving Doctrine on Partisan Gerrymandering
          • Nonjusticiability of Partisan Gerrymandering Claims
        • Constitutional Avoidance Doctrine
          • Overview of Constitutional Avoidance Doctrine
          • The Judicial Branch in the Constitutional Framework
          • The Counter-Majoritarian Difficulty
          • Ashwander and the Rules of Constitutional Avoidance
          • Judicial Minimalism
          • The Last Resort Rule
          • The Constitutional-Doubt Canon
        • Federal Question Jurisdiction
          • Overview of Federal Question Jurisdiction
          • Historical Background of Federal Question Jurisdiction
          • Constitutional and Statutory Grants of Federal Question Jurisdiction
          • Substantive Claims and Defenses in Federal Question Cases
          • Removal from State Court to Federal Court
          • Supplemental Jurisdiction
        • Overview of Admiralty and Maritime Jurisdiction
        • Historical Background on Admiralty and Maritime Jurisdiction
        • Clause 1 Cases and Controversies: Doctrine and Practice
          • Federal Admiralty and Maritime Jurisdiction Generally
          • Territorial Extent of Admiralty Jurisdiction
          • Jurisdiction over Categories of Admiralty Cases
          • Torts Committed on Navigable Waters
          • Maritime Contracts or Services
          • Exclusivity of Federal Admiralty and Maritime Jurisdiction
        • Cases to Which the United States is a Party
          • Overview of Cases to Which the United States is a Party
          • Right of the United States to Sue
          • Suits Against States
          • Suits Against the United States
        • Controversies Between Two or More States
          • Historical Background on Controversies Between Two or More States
          • Boundary Disputes Between States
          • Modern Suits Between States
          • Cases Where the Court Has Declined Jurisdiction
          • Enforcement Authority
        • Controversies Between a State and Citizens of Another State
          • Historical Background on Controversies Between a State and Citizens of Another State
          • Jurisdiction Confined to Civil Cases
          • The State’s Real Interest
        • Diversity Jurisdiction
          • Overview of Diversity Jurisdiction
          • Historical Background on Diversity Jurisdiction
          • Citizens of Different States and Diversity Jurisdiction
          • Citizenship of Natural Persons and Corporations
          • Insufficient or Manufactured Diversity
          • State Law in Diversity Cases and the Erie Doctrine
          • Conflicts-of-Law and Procedural Rules in Diversity Cases
          • Land Grants by Different States
          • Controversies Between a State or its Citizens and Foreign States or Citizens
            • Overview of Controversies with Foreign States or Citizens
            • Suits Involving Foreign States
            • Limitations on Jurisdiction
      • Clause 2 Jurisdiction
        • Overview of Supreme Court Jurisdiction
        • Supreme Court Original Jurisdiction
        • Original Cases Affecting Ambassadors, Public Ministers, and Consuls
        • Supreme Court Appellate Jurisdiction
        • Supreme Court Review of State Court Decisions
        • Exceptions Clause and Congressional Control over Appellate Jurisdiction
      • Clause 3 Trials
        • Jury Trials
    • Section 3 Treason
      • Clause 1 Meaning
        • Historical Background on Treason
        • Levying War as Treason
        • The Burr Trial
        • Aid and Comfort to the Enemy as Treason
      • Clause 2 Punishment for Treason
        • Punishment of Treason Clause

U.S. Constitution Annotated Toolbox

  • Explanation of the Constitution - from the Congressional Research Service


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