Constitution Restoration Act of 2004: Hearing Before the Subcommittee on Courts, the Internet, and Intellectual Property of the Committee on the Judiciary, House of Representatives, One Hundred Eighth Congress, Second Session, on H.R. 3799, September 13, 2004, Volumen4U.S. Government Printing Office, 2004 - 130 páginas |
Dentro del libro
Resultados 1-5 de 15
Página 6
... final word on the application of the United States Supreme Court precedent . And I don't think that's consistent with the United States Constitution . Secondly , I think the Act does intrude upon the core functioning of article III ...
... final word on the application of the United States Supreme Court precedent . And I don't think that's consistent with the United States Constitution . Secondly , I think the Act does intrude upon the core functioning of article III ...
Página 9
... final judgments therefore violate Article III . And there can be lit- tle doubt that the Constitution makes Supreme Court precedents binding on lower courts . If higher court precedents bind lower courts , there is no structural anomaly ...
... final judgments therefore violate Article III . And there can be lit- tle doubt that the Constitution makes Supreme Court precedents binding on lower courts . If higher court precedents bind lower courts , there is no structural anomaly ...
Página 10
... final application of federal rights protected by the Fourteenth Amendment . In effect , the Constitution Restoration Act of 2004 allows the highest courts in each of the fifty states to become the courts of last resort within the ...
... final application of federal rights protected by the Fourteenth Amendment . In effect , the Constitution Restoration Act of 2004 allows the highest courts in each of the fifty states to become the courts of last resort within the ...
Página 27
... final clause thus authorizes Congress to make " Exceptions " to the Supreme Court's appellate jurisdiction . Nothing in Article III limits that authorization . The proposed section 1260 would simply create an “ exception " to the grants ...
... final clause thus authorizes Congress to make " Exceptions " to the Supreme Court's appellate jurisdiction . Nothing in Article III limits that authorization . The proposed section 1260 would simply create an “ exception " to the grants ...
Página 40
... final the decision of the secretary of the Treasury in certain tax deductions . The statute was challenged as an unconstitutional deprivation of the judicial power of the courts . The Supreme Court concluded that the jurisdiction of the ...
... final the decision of the secretary of the Treasury in certain tax deductions . The statute was challenged as an unconstitutional deprivation of the judicial power of the courts . The Supreme Court concluded that the jurisdiction of the ...
Otras ediciones - Ver todas
Términos y frases comunes
2-Jurisdiction ART acknowledgment action American appellate jurisdiction Article III courts authority BACHUS BERMAN bill Chief Justice Commandments Committee CONG CONGRESS THE LIBRARY congressional power Constitution Restoration Act constitutional amendment constitutional law DANNEMEYER declared display district court Due Process enacted Establishment Clause Ex Parte McCardle exercise federal courts federal judges federal judiciary federal jurisdiction foreign law Framers GOODLATTE gress hearing HELLMAN III-JUDICIAL DEPARTMENT impeachable offense impeachment independence interpretation issue Judge Moore judicial power judicial review Judiciary Act legislation liberty LIBRARY OF CONGRESS lower federal courts Marriage Protection Act McCardle ment monument officials original jurisdiction overturn percent Pledge of Allegiance power of Congress Professor Gerhardt prohibit provision public school question recognized regulate religion religious removed school prayer Senate source of law sovereign source statute Subcommittee Ten Commandments tion title 28 U.S. Constitution U.S. Supreme Court unconstitutional United States Code United States Supreme violate
Pasajes populares
Página 105 - At the same time, the candid citizen must confess that if the policy of the Government upon vital questions, affecting the whole people, is to be irrevocably fixed by decisions of the Supreme Court the instant they are made in ordinary litigation between parties in personal actions, the people will have ceased to be their own rulers, having to that extent practically resigned their government into the hands of that eminent tribunal.
Página 80 - Whereas it is the duty of all Nations to acknowledge the providence of Almighty God, to obey his will, to be grateful for his benefits, and humbly to implore his protection and favor...
Página 10 - I do not think the United States would come to an end if we lost our power to declare an Act of Congress void. I do think the Union would be imperiled if we could not make that declaration as to the laws of the several States.
Página 79 - I therefore beg leave to move that, henceforth, prayers imploring the assistance of Heaven, and its blessings on our deliberations, be held in this assembly every morning before we proceed to business, and that one or more of the clergy of this city be requested to officiate in that service.
Página 40 - I have never shrunk from its expression... that the germ of dissolution of our Federal Government is in the Constitution of the Federal Judiciary; an irresponsible body... for impeachment is scarcely a scarecrow. . .working like gravity by night and by day, gaining a little today and a little tomorrow, and advancing its noiseless step like a thief, over the field of jurisdiction, until all shall be usurped from the States, and the government of all be consolidated into one.
Página 23 - Admissibility of confessions (a) In any criminal prosecution brought by the United States or by the District of Columbia, a confession, as defined in subsection (e) hereof, shall be admissible in evidence if it is voluntarily given. Before such confession is received in evidence, the trial judge shall, out of the presence of the jury, determine any issue as to voluntariness. If the trial judge determines that the confession was voluntarily...
Página 93 - The subjects of its jurisdiction are those offenses which proceed from the misconduct of public men, or, in other words, from the abuse or violation of some public trust. They are of a nature which may with peculiar propriety be denominated POLITICAL, as they relate chiefly to injuries done immediately to the society itself.
Página 77 - The judiciary on the contrary has no influence over either the sword or the purse, no direction either of the strength or of the wealth of the society, and can take no active resolution whatever. It may truly be said to have neither Force nor Will, but merely judgment; and must ultimately depend upon the aid of the executive arm even for the efficacy of its judgments.
Página 41 - There can be no question of the power of Congress thus to define and limit the jurisdiction of the inferior courts of the United States.
Página 48 - We cannot doubt as to this. Without jurisdiction the court cannot proceed at all in any cause. Jurisdiction is power to declare the law, and when it ceases to exist, the only function remaining to the court is that of announcing the fact and dismissing the cause.