judiciary act of 1789 was an example of

2546 results for judiciary act of 1789 was an example of

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

    ...For example, Loving v. Virginia , 388 U.S. 1, 12, 87 S.Ct. 1817, 18 L.Ed.2d 1010, invalidated bans on ...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 ...

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

    ...Here, for example, assuming the DEA officials' direction was a proximate cause of the abduction, so were the actions ...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 ...

  • 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. ... list of core proceedings in § 157(b)(2) provides courts. with ready examples of such matters. Pierce's reading of. § 157, in contrast, supposes that some core ...

  • 514 U.S. 549 (1995), 93-1260, United State v. Lopez

    ... Act as applied to vehicles used in intrastate commerce);  Perez, supra,  at 150 ("[F]or example, the destruction of an aircraft (18 U.S.C. § 32), or . . . thefts from interstate shipments (18 ... this framework of legal uncertainty ever since this Court determined that it was the Judiciary's duty "to say what the law is."  Marbury   v.   Madison,  1 Cranch 137, 177 (1803) (Marshall, ...

  • 19 U.S. 264 (1821), Cohens v. State Of Virginia

    ... Court for the borough of Norfolk, in the State of Virginia, under the 25th section of the judiciary act of 1789, c. 20. it being the highest Court of law or equity of that State having jurisdiction ..., that being a lottery not authorized by the laws of this Commonwealth, to the evil example of all other persons, in the like case offending, and against the form of the act of the General ...

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

    ... 1917 excluded from admission to the United States several classes of aliens, including, for example, those who had committed crimes "involving moral turpitude." 39 Stat. 875. The seventh exception ... 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 ...

  • 547 U.S. 293 (2006), 04-1544, Marshall v. Marshall

    ...2206, anchored the exception in the Judiciary Act of 1789, which, until 1948, provided circuit court diversity jurisdiction over "all suits of a ...In Gaines v. Fuentes, 92 U.S. 10, 23 L.Ed. 524 (1876), for example, the Court held that a defendant in an action to annul a will should be permitted to remove the ...

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

    ...'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, ...771-773. (b) Historically, Congress has taken care to avoid suspensions of the writ. For example, the statutes at issue in the Court's two leading cases addressing habeas substitutes, Swain v. ...

  • 272 U.S. 52 (1926), 2, Myers v. United States

    ...He was the author of the Judiciary Act in that Congress, and subsequently Chief Justice of the United States. His view as to the ... Renesselaer, not only exercised a right but performed a duty of his office; but, with the example of Mr. Granger's dismission before him, it was quite justifiable in him to consult the President's ...

  • 358 U.S. 354 (1959), 3, Romero v. International Terminal Operating Co.

    ...473] as to the proper construction of the relevant provision of the Judiciary Act of 1875 (now 28 U.S.C. § 1331) and because of questions raised regarding the applicability of ... . regulate or federal law must govern. For example, if a State allowed the survival of a cause of action based on unseaworthiness as defined in the ...

  • 463 U.S. 783 (1983), 82-23, Marsh v. Chambers

    ...In Torcaso v. Watkins, 367 U.S. 488, 81 S.Ct. 1680, 6 L.Ed.2d 982 (1961), for example, we struck down a state provision requiring a religious oath as a qualification to hold office, not ... that this view of the Establishment Clause is a recent concoction of an overreaching judiciary. . Even before the First Amendment was written, the Framers of the Constitution broke with the ...

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

    ...The use of a "pen register," for example, would be permissible. But see United States v. Dote, 371 F.2d 176 (7th 1966). The proposed ... 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 ...

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

    ... individuals the States must cover. For example, the Act. requires state programs to provide Medicaid coverage by 2014. to adults with ...60. (1803), when the Court severed an unconstitutional provision. from the Judiciary. . . Page 692. . . Act of 1789. And while the Court has sometimes ...

  • 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 ...For example, the First Congress appropriated "sum[s] not exceeding" specified amounts to be spent on various ...

  • 527 U.S. 308 (1999), 98-231, Grupo Mexicano De Desarrollo, S.A. v. Alliance Bond Fund, Inc.

    ... by the English Court of Chancery at the time the Constitution was adopted and the Judiciary Act of 1789 was enacted. Pp. 318-319.         (b) The well-established general rule ... [ 4 ] For example, some courts said that insolvency was an exception, but others disagreed. See, e. g., Annot., Of ...

  • 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 ...For example, in American Ins. Co. v. Canter, 1 Pet. 511 (1828), the Court observed that Art. IV bestowed upon ...

  • 391 U.S. 194 (1968), 52, Bloom v. Illinois

    ...The federal courts were established by the Judiciary Act of 1789; § 17 of the Act provided that those courts. shall have power to . . . punish by ...I see no reason whatever, for example, to assume that our decision today should require us to impose federal requirements such as ...

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

    ...III, § 2.         Other, more subtle, examples of separated powers are evident as well. Unlike parliamentary systems such as that of Great ...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 ...

  • 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, ... . local usages of a fixed and permanent operation, as, for example, to the construction of ordinary contracts or other written instruments, and especially to ...

  • 372 U.S. 391 (1963), 84, Fay v. Noia

    ... corpus is that, in a civilized society, government must always be accountable to the judiciary for a man's imprisonment: if the imprisonment cannot be shown to conform with the fundamental ...Vindication of due process is precisely its historic office. In 1593, for example, a bill was introduced in the House of Commons, which, after deploring the frequency of violations ...

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

    ...) ("The more apparently deliberate the contrast, the stronger the inference, as applied, for example, to contrasting statutory sections originally enacted simultaneously in relevant respects"). Here, ...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"...

  • 369 U.S. 121 (1962), 21, DiBella v. United States

    ...First Judiciary Act, §§ 21, 22, 25, 1 Stat. 73, 83, 84, 85 (1789); see McLish v. Roff, 141 U.S. 661. This ... . The First Circuit, for example, has declined to permit pretrial [82 S.Ct. 659] entertainment of any suppression motions other than ...

  • 398 U.S. 375 (1970), 175, Moragne v. States Marine Lines, Inc.

    ... relevant proposition in every case; and the necessity of maintaining public faith in the judiciary as a source of impersonal and reasoned judgments. The reasons for rejecting any established rule ...         Respondents argue, for example, that a statute of limitations must be devised or 'borrowed' for the new wrongful-death claim. ...

  • 450 U.S. 79 (1981), 79-1236, Carson v. American Brands, Inc.

    ...         II.         The first Judiciary Act of 1789 1 Stat. 73, established the general principle that only final decisions of the federal ...v. E. Horne's Market, Inc., 385 U.S. 23 (1966), for example, petitioners contended that the District Court's denial of their motion for summary judgment was ...