judiciary act of 1789 definition

1663 results for judiciary act of 1789 definition

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  • 542 U.S. 692 (2004), 03-339, Sosa v. Alvarez-Machain

    ...In 1942, the House Committee on the Judiciary considered an early draft of the FTCA that would have exempted all claims "arising in a foreign .... [ 21 ] This requirement of clear definition is not meant to be the only principle limiting the availability of relief in the federal courts for ...

  • 564 U.S. 462 (2011), 10-179, Stern v. Marshall

    ... the Article III Judiciary simply by deeming it part of some. amorphous " public right," then Article III would. ... proceeding only if the matter both " meets Congress'. definition of a core proceeding and arises under or. arises in title 11," the Bankruptcy Code. 600 F.3d, ...

  • 553 U.S. 723 (2008), 06-1195, Boumediene v. Bush

    ... §7(b)'s effective date provision undoubtedly applies to habeas actions, which, by definition, "relate to . . . detention" within that section's meaning. Petitioners argue to no avail that ...'s essential design, ensuring that, except during periods of formal suspension, the Judiciary will have a time-tested device, the writ, to maintain the "delicate balance of governance." Hamdi, ...

  • 244 U.S. 205 (1917), 280, Southern Pacific Company v. Jensen

    ... the general maritime law, while existing to some extent under the Constitution and the Judiciary Act of 1789, § 9, Judicial Code, §§ 24, 256, may not contravene the essential purposes of an act ... terms for the purpose, as appears from other provisions of Article III, including the definition of treason, the character of proof required, the limitation of the punishment, and the requirement ...

  • 533 U.S. 289 (2001), 00-767, INS v. St. Cyr

    ... courts have been authorized to issue writs of habeas corpus since the enactment of the Judiciary Act of 1789, and § 2241 of the Judicial Code provides that federal judges may grant the writ of ... . to apply specific provisions retroactively. IIRIRA's amendment of the definition of "aggravated felony, " for example, clearly states that it applies with respect to "conviction[s] ...

  • 41 U.S. 1 (1842), Swift v. Tyson

    ... the city of New York, in the state of New York; and on account of the 34th section of the judiciary act of 1789, which provides, that 'the laws of the several states, except where the constitution, ... occur, and be used in any legislation upon the subject, without the necessity of definition as might be required, if some foreign code or any of its provisions were to be transferred and ...

  • 434 U.S. 159 (177), 76-835, United States v. New York Telephone Co.

    ...Moreover, the legislative history of Title III shows that the definition of "intercept" was designed to exclude pen registers. Pp. 165-168.         2. The District ... This statute has served since its inclusion, in substance, in the original Judiciary Act as a "legislatively approved source of procedural instruments designed to achieve `the rational ...

  • 524 U.S. 417 (1998), 97-1374, Clinton v. City of New York

    .... . light of [the] overriding and time-honored concern about keeping the Judiciary's power within its proper constitutional sphere," id., at 820, we remanded the case to the .... . may justly be pronounced the very definition of tyranny." The Federalist No. 47, p. 301 (C. Rossiter ed. 1961). So convinced were the Framers ...

  • 567 U.S. 519 (2012), 11-393, National Federation of Independent Business v. Sebelius

    ... law, we are concerned only with its practical operation, not. its definition or the precise form of descriptive words which. may be applied to it" (internal quotation ...60. (1803), when the Court severed an unconstitutional provision. from the Judiciary. . . Page 692. . . Act of 1789. And while the Court has sometimes ...

  • 458 U.S. 50 (1982), 81-150, Northern Pipeline Constr. Co. v. Marathon Pipe Line Co.

    ... attributes were incorporated into the Constitution to ensure the independence of the Judiciary from the control of the Executive and Legislative Branches. There is. . no doubt that bankruptcy ..., and whether hereditary, self-appointed, or elective, may justly be pronounced the very definition of tyranny. .         The Federalist No. 47, p. 300 (H. Lodge ed. 1888) (J. Madison). To ...

  • 478 U.S. 714 (1986), 85-1377, Bowsher v. Synar

    ...The District Court concluded that. the totality of the Act's standards, definitions, context, and reference to past administrative practice provides an adequate "intelligible ...34, 36-37, and n. 1 (1985) (reviewing the Marshals' statutory obligations to the Judiciary and the Executive Branch, but noting that the "Marshals are within the Executive Branch of the ...

  • 548 U.S. 557 (2006), 05-184, Hamdan v. Rumsfeld

    ...Cooke ed. 1961) (J. Madison) ("The accumulation of all powers legislative, executive and judiciary" in the same hands . . . may justly be pronounced the very definition of tyranny\"). 34 . .   \xC2"...

  • __ U.S. __ (2015), 14-556, Obergefell v. Hodges

    ..., and the decision whether and whom to marry is among life's momentous acts of self-definition." Goodridge , 440 Mass., at 322, 798 N.E.2d, at 955. .          The nature of marriage ...1932, 52 L.Ed.2d 531 (White, J., dissenting) (" The Judiciary, including this Court, is the most vulnerable and comes nearest to illegitimacy when it deals with ...

  • __ U.S. __ (2016), 14-280, Montgomery v. Louisiana

    ... conviction or sentence is, by definition, unlawful. In. contrast, where procedural error has infected a trial, a. conviction or ... Congress, in prescribing federal habeas jurisdiction in the. 1789 Judiciary Act, understood its scope to reflect ". the black-letter principle of the common law that the ...

  • 85 U.S. 163 (1874), Ex Parte Lange

    ... such case, under the Constitution of the United States, and the fourteenth section of the Judiciary Act of 1789, to issue this writ, and to examine the proceedings in the inferior court, so far as ... of this rule to cases in which the act charged was such as to come within the definition of more than one statutory offence, or to bring the party within the jurisdiction of more than one ...

  • BEING SEEN LIKE A STATE: HOW AMERICANS (AND BRITONS) BUILT THE CONSTITUTIONAL INFRASTRUCTURE OF A DEVELOPING NATION.

    ...(19) . Although the nature of the connections between nations, and even the definition of which polities counted as "nations," was contested, few Americans doubted that there was in fact ... affairs powers across the three branches, adding a strong Executive, an independent judiciary with jurisdiction over a host of cases implicating foreign affairs, and obliging all branches, as ...

  • 554 U.S. 570 (2008), 07-290, District of Columbia v. Heller

    ...Rather, they manufacture a hybrid definition, whereby "bear arms" connotes the actual carrying of arms (and therefore is not really an idiom) ... be passed by congress, prohibiting" any of those rights, it would "be the province of the judiciary to pronounce whether any such act were constitutional, or not; and if not, to acquit the accused . ...

  • Congressional Power over Office Creation.

    ... War, the Department of the Treasury, the Office of the Attorney General, and the federal judiciary. (5) With these framework statutes, Congress asserted its vast power to create, alter, define, and ... structural principle that Congress should be first among equals in the construction and definition of the federal government. (48) . Still, the Necessary and Proper Clause does not alone carry the ...

  • Junking judicial activism.

    ... by the Constitution belongs to Congress, then it is simple logic that none belongs to the judiciary. So let's rein in outlaw judges. . As President Trump's executive order suspending the highly ... to take power over that which the Constitution does not list as a federal power (the definition of marriage), Congress stacked the deck in favor of activist judges who were only too glad to deal ...

  • __ U.S. __ (2014), 12-158, Bond v. United States

    ... improbably broad reach of the key statutory definition, given. the term -- " chemical weapon" -- that is being. defined, the deeply serious ...J. Res. 1 before a. Subcommittee of the Senate Committee on the Judiciary, 84th. Cong., 1st Sess., 183 (1955) (Secretary of State Dulles). (Treaties cannot ...

  • 881 F.3d 75 (D.C. Cir. 2018), 15-1177, PHH Corp. v. Consumer Financial Protection Bureau

    ... level a sharply circumscribed definition of what constitutes. ‘good cause,’ and rigorous procedures that must be followed. ... Maryland, 17 U.S. (4 Wheat.) 316, 415, 4 L.Ed. 579. (1819). The judiciary patrols constitutional boundaries, but. it does not use the Constitution merely to enforce ...

  • __ U.S. __ (2015), 13-1080, Department of Transportation v. Association of American Railroads

    ...Rossiter ed. 1961). " The accumulation of all powers, legislative, executive, and judiciary, in the same hands, . . . may justly be pronounced the very definition of tyranny." Ibid. ; see ...