THE JUDICIAL DEPARTMENT

Section 1. The judicial power, courts, judges: Page
Characteristics and attributes of judicial power [511]
"Judicial power" [511]
"Shall be vested" [512]
Finality of judgment [512]
Taney doctrine [513]
Award of execution [514]
Ancillary powers [515]
Contempt power; the act of 1789 [515]
An inherent power [515]
Contempt power exalted [516]
Recession of the doctrine [517]
Bridges v. California [517]
Summary punishment of contempt; misbehavior of counsel [517]
Punishment of counsel; The Sacher Case [519]
Contempt by disobedience of orders [520]
Criminal versus civil contempts [521]
Judicial power aids administrative power [521]
Power to issue writs; the act of 1789 [522]
Common law powers of the District of Columbia Courts [522]
Habeas corpus [523]
Congress limits the inquisition power [523]
Injunctions under the Emergency Price Control Act of 1942 [525]
Rule-making power and powers over process [525]
Limits to the power [526]
Appointment of referees, masters, and special aids [527]
Power to admit and disbar attorneys [527]
Organization of courts; compensation of judges [528]
"One supreme court" [528]
Inferior courts made and abolished [528]
Abolition of the commerce court [529]
Compensation [530]
Diminution of salaries [530]
Courts of specialized jurisdiction [531]
Emergency Court of Appeals of 1942 [531]
Judicial review restrained [532]
Legislative courts; Canter case [533]
Other legislative courts [534]
Powers of Congress over legislative courts [534]
Status of the Court of Claims [535]
A judicial paradox [536]
Status of the courts of the District of Columbia.' [536]
Section 2. Jurisdiction [538]
Clause 1. Scope of jurisdiction [538]
"Cases and controversies" [538]
Two classes of "cases and controversies" [538]
Adverse litigants [539]
Stockholders' suits [541]
Substantial interest doctrine [542]
Substantial interest in suits by States [543]
Abstract, contingent, and hypothetical questions [544]
Political questions [546]
Origin of the concept [546]
Exemplifications of the doctrine [547]
Recent cases [548]
Advisory opinions [549]
Declaratory judgments [551]
Declaratory Judgment Act of 1934 [551]
"Case or controversy" test in declaratory judgment proceedings [552]
Cases arising under the Constitution, laws, and treaties of the United States [553]
Definition [553]
Judicial review [554]
Judicial review and national supremacy [554]
Judicial review of acts of Congress [556]
Hamilton's argument [558]
Marbury v. Madison [559]
Marshall's argument [559]
Importance of Marbury v. Madison [560]
Limits to the exercise of judicial review [561]
The doctrine of "strict necessity" [562]
The doctrine of political questions [562]
The "reasonable doubt" doctrine [563]
Exclusion of extra-constitutional tests [564]
Disallowance by statutory interpretation [565]
Stare decisis in constitutional law [565]
Allegations of federal question [566]
Corporations chartered by Congress [568]
Removal from State courts of suits against federal officials [568]
Tennessee v. Davis [569]
Supreme Court review of State court decisions [570]
Suits affecting ambassadors, other public ministers, and consuls [571]
When ambassadors, etc., are affected [571]
Cases of admiralty and maritime jurisdiction [572]
Origin and characteristics [572]
Congressional interpretation of the admiralty clause [572]
Judicial approval of congressional interpretation [573]
Two types of cases [573]
Maritime torts [574]
Prize cases, forfeitures, etc. [575]
Proceedings in rem [575]
Absence of a jury [576]
Territorial extent of admiralty and maritime jurisdiction [576]
Admiralty jurisdiction versus State power [578]
Exclusive of admiralty jurisdiction [578]
Concessions to State power [579]
The Jensen case and its sequelae [580]
Power of Congress to modify maritime law; the "Lottawanna" [582]
Cases to which the United States is a party; right of United States to sue [584]
Suits against States [584]
Immunity of United States from suit [585]
Waiver of immunity by Congress [586]
United States v. Lee [587]
Difficulties created by the Lee case [588]
Official immunity today [589]
Classification of suits against officers [590]
Suits against government corporations [590]
Suits between two or more States [591]
Boundary disputes; the law applied [591]
Modern types of suits between States [592]
Cases in which the Court has declined jurisdiction [594]
Problem of enforcement; Virginia v. West Virginia [595]
Controversies between a State and citizens of another State [596]
Nonjusticiable controversies [596]
Jurisdiction confined to civil cases [597]
Suits by a State as parens patriae; jurisdiction declined [597]
Suits by a State as parens patriae; jurisdiction accepted [598]
Georgia v. Pennsylvania Railroad [598]
Controversies between citizens of different States [599]
The meaning of "State," Hepburn v. Ellzey [599]
Extension of jurisdiction by act of 1940 [600]
Citizenship, natural persons [600]
Citizenship, corporations [601]
Black and White Taxicab case [603]
The law applied in diversity cases; Swift v. Tyson [603]
Extension of the Tyson case [604]
The Tyson rule protested [604]
Erie Railroad v. Tompkins; Tyson case overruled [605]
Extension of the Tompkins rule [607]
Controversies between citizens of the same State claiming lands under grants of different States [608]
Controversies between a State, or the citizens thereof, and foreign States, citizens, or subjects [609]
Suits by foreign States [609]
Indian tribes [610]
Narrow construction of the jurisdiction [610]
Clause 2. Original and appellate jurisdiction of the Supreme Court [611]
Original jurisdiction of the Supreme Court [611]
An autonomous jurisdiction [611]
Cannot be enlarged; Marbury v. Madison [612]
Concurrent jurisdiction of the lower federal courts [613]
Appellate jurisdiction of the Supreme Court [614]
Subject to limitation by Congress [614]
McCardle case [614]
Power of Congress to regulate the jurisdiction of lower federal courts [616]
Martin v. Hunter's lessee [616]
Plenary power of Congress over jurisdiction [616]
Judicial power under the Emergency Price Control Act [620]
Legislative control over writs [621]
Injunctions in labor disputes; Norris-LaGuardia Act [621]
Judicial power equated with due process of law [622]
Judicial versus nonjudicial functions [623]
Federal-State court relations [624]
Problems raised by concurrency [624]
Disobedience of Supreme Court orders by State courts [625]
Worcester v. Georgia [625]
Conflicts of jurisdiction; comity [626]
Jurisdiction of the res [626]
State interference by injunction with federal jurisdiction [627]
Federal interference by injunction with State jurisdiction [628]
Federal injunctions against State official action [629]
Ex parte Young [630]
State interference by habeas corpus proceedings with federal jurisdiction [631]
Federal interference, by removal and habeas corpus [632]
Comity as a principle of statutory construction [633]
Comity as cooperation [634]
Early use of State courts in enforcement of federal law [635]
Retreat from this practice [636]
Resumption of this practice [636]
State obligation to enforce federal law [637]
Right of foreign corporations to resort to federal courts [638]
Clause 3. Trial by jury. [See pp. [878-880] under Amendment VI] [638]
Section 3. Treason [638]
Clause 1. Treason defined [638]
Definition [638]
Levying war [639]
The Burr trial [640]
Aid and comfort to the enemy; the Cramer Case [640]
The Haupt Case [641]
The Kawakita Case [643]
Doubtful State of the law of Treason today [644]
Clause 2. Punishment of Treason [645]
Corruption of blood and forfeiture [645]