[488] On this account, as well as because of the cumbersomeness of the impeachment process and the amount of time it is apt to consume, it has been suggested that a special court could, and should, be created to try cases of alleged misbehavior in office of inferior judges of the United States, this type of officer having furnished the great majority of cases of impeachment under the Constitution. See Memorandum on Removal Power of Congress with Respect to the Supreme Court, Senate Judiciary Committee, 80th Cong., 1st sess.; also Burke Shartel, Federal Judges—Appointment, Supervision, and Removal—Some Possibilities under the Constitution, 28 Mich. L. Rev., 870-907 (May 1930). Is impeachment the only way in which Congress, or either house thereof, is constitutionally entitled to call the President to account for his conduct in office? Cf. George Wharton Pepper, Family Quarrels, The President, the Senate, and the House (New York, 1931), 138 ff.; and Corwin, The President, Office and Powers (3d ed.), 411-413.
ARTICLE III
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]
JUDICIAL DEPARTMENT
Article III