Chapter LII: 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