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  1. LII
  2. US Constitution Annotated
  3. ['Article III']. JUDICIAL DEPARTMENT
    ARTICLE III
    JUDICIAL DEPARTMENT
    CONTENTS
  • Section 1. Judicial Power, Courts, Judges
    • Organization of Courts, Tenure, and Compensation of Judges
      • One Supreme Court
      • Inferior Courts
        • Abolition of Courts
      • Compensation
        • Diminution of Salaries
      • Courts of Specialized Jurisdiction
      • Legislative Courts
        • Power of Congress Over Legislative Courts
        • Review of Legislative Courts by Supreme Court
        • The “Public Rights” Distinction
        • Constitutional Status of the Court of Claims and the Courts of Customs and Patent Appeals
        • Status of Courts of the District of Columbia
        • Bankruptcy Courts
        • Agency Adjudication
      • Noncourt Entities in the Judicial Branch
    • Judicial Power
      • Characteristics and Attributes of Judicial Power
        • “Shall Be Vested”
      • Finality of Judgment as an Attribute of Judicial Power
        • Award of Execution
      • Judicial Immunity from Suit
    • Ancillary Powers of Federal Courts
      • The Contempt Power
        • Categories of Contempt
        • The Act of 1789
        • An Inherent Power
        • First Amendment Limitations on the Contempt Power
        • Due Process Limitations on Contempt Power: Right to Notice and to a Hearing Versus Summary Punishment
        • Due Process Limitations on Contempt Power: Right to Jury Trial
        • Due Process Limitations on Contempt Powers: Impartial Tribunal
        • Contempt by Disobedience of Orders
        • Contempt Power in Aid of Administrative Power
      • Sanctions Other Than Contempt
      • Power to Issue Writs: The Act of 1789
        • Common Law Powers of District of Columbia Courts
        • Habeas Corpus: Congressional and Judicial Control
        • Habeas Corpus: The Process of the Writ
      • Congressional Limitation of the Injunctive Power
        • Injunctions Under the Emergency Price Control Act of 1942
      • The Rule-Making Power and Powers Over Process
        • Limitations to The Rule Making Power
      • Appointment of Referees, Masters, and Special Aids
      • Power to Admit and Disbar Attorneys
  • Section 2. Judicial Power and Jurisdiction
    • Clause 1. Cases and Controversies; Grants of Jurisdiction
      • Judicial Power and Jurisdiction-Cases and Controversies
        • The Two Classes of Cases and Controversies
        • Adverse Litigants
          • Collusive and Feigned Suits
          • Stockholder Suits
        • Substantial Interest: Standing
          • Generalized or Widespread Injuries
          • Taxpayer Suits
          • Constitutional Standards: Injury in Fact, Causation, and Redressability
          • Prudential Standing Rules
          • Standing to Assert the Rights of Others
          • Organizational Standing
          • Standing of States to Represent Their Citizens
          • Standing of Members of Congress
          • Standing to Challenge Lawfulness of Governmental Action
        • The Requirement of a Real Interest
          • Advisory Opinions
          • Declaratory Judgments
          • Ripeness
          • Mootness
          • Retroactivity Versus Prospectivity
        • Political Questions
          • Origins and Development
          • The Doctrine Before Baker v. Carr
          • Baker v. Carr
          • Powell v. McCormack
          • The Doctrine Reappears
      • Judicial Review
        • The Establishment of Judicial Review
          • Marbury v. Madison
          • Judicial Review and National Supremacy
        • Limitations on the Exercise of Judicial Review
          • Constitutional Interpretation
          • Prudential Considerations
          • The Doctrine of “Strict Necessity”
          • The Doctrine of Clear Mistake
          • Exclusion of Extra-Constitutional Tests
          • Presumption of Constitutionality
          • Disallowance by Statutory Interpretation
          • Stare Decisis in Constitutional Law
          • Conclusion
      • Jurisdiction of Supreme Court and Inferior Federal Courts
        • Cases Arising Under the Constitution, Laws, and Treaties of the United States
          • Development of Federal Question Jurisdiction
          • When a Case Arises Under
          • Removal From State Court to Federal Court
          • Corporations Chartered by Congress
          • Federal Questions Resulting from Special Jurisdictional Grants
          • Civil Rights Act Jurisdiction
          • Pendent Jurisdiction
          • Protective Jurisdiction
          • Supreme Court Review of State Court Decisions
        • Suits Affecting Ambassadors, Other Public Ministers, and Consuls
        • Cases of Admiralty and Maritime Jurisdiction
          • Power of Congress To Modify Maritime Law
          • Admiralty and Maritime Cases
          • Admiralty Proceedings
          • Territorial Extent of Admiralty and Maritime Jurisdiction
          • Admiralty and Federalism
        • Cases to Which the United States Is a Party
          • Right of the United States to Sue
          • Suits Against States
          • Immunity of the United States From Suit
          • Suits Against United States Officials
          • Suits Against Government Corporations
        • Suits Between Two or More States
          • Boundary Disputes: The Law Applied
          • Modern Types of Suits Between States
          • Cases of Which the Court Has Declined Jurisdiction
          • The Problem of Enforcement: Virginia v. West Virginia
          • Enforcement Authority Includes Ordering Disgorgement and Reformation of Certain Agreements
        • Controversies Between a State and Citizens of Another State
          • Jurisdiction Confined to Civil Cases
          • The State’s Real Interest
          • The State as Parens Patriae
        • Controversies Between Citizens of Different States
          • The Meaning of “State” and the District of Columbia Problem
          • Citizenship of Natural Persons
          • Citizenship of Corporations
          • Manufactured Diversity
          • The Law Applied in Diversity Cases
        • Controversies Between Citizens of the Same State Claiming Land Under Grants of Different States
        • Controversies Between a State, or the Citizens Thereof, and Foreign States, Citizens, or Subjects
          • Suits by Foreign States
          • Indian Tribes
          • Narrow Construction of the Jurisdiction
    • Clause 2. Original and Appellate Jurisdiction
      • The Original Jurisdiction of the Supreme Court
      • Power of Congress to Control the Federal Courts
        • The Theory of Plenary Congressional Control
          • Appellate Jurisdiction
          • Jurisdiction of the Inferior Federal Courts
          • Congressional Control Over Writs and Processes
        • The Theory Reconsidered
          • Express Constitutional Restrictions on Congress
          • Conclusion
      • Federal-State Court Relations
        • Problems Raised by Concurrency
        • The Autonomy of State Courts
          • Noncompliance With and Disobedience of Supreme Court Orders by State Courts
          • Use of State Courts in Enforcement of Federal Law
          • State Interference with Federal Jurisdiction
        • Conflicts of Jurisdiction: Rules of Accommodation
          • Comity
          • Abstention
          • Exhaustion of State Remedies
          • Anti-Injunction Statute
          • Res Judicata
          • Three-Judge Court Act
        • Conflicts of Jurisdiction: Federal Court Interference with State Courts
          • Federal Restraint of State Courts by Injunctions
          • Habeas Corpus: Scope of the Writ
          • Removal
    • Clause 3. Trial By Jury
      • In General
  • Section 3. Treason
    • Clause 1. Definition and Limitations
      • Treason
        • Levying War
          • The Burr Trial
        • Aid and Comfort to the Enemy
          • The Cramer Case
          • The Haupt Case
          • The Kawakita Case
        • Doubtful State of the Law of Treason Today
    • Clause 2. Punishment
      • Corruption of the Blood and Forfeiture

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