Download or read book Limiting Federal Court Jurisdiction to Protect Marriage for the States written by United States. Congress. House. Committee on the Judiciary. Subcommittee on the Constitution and published by . This book was released on 2004 with total page 160 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Limiting Federal Court Jurisdiction To Protect Marriage for The States Serial No 92 June 24 2004 108 2 Hearing written by United States. Congress. House. Committee on the Judiciary and published by . This book was released on 2004* with total page pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Limiting Federal Court Jurisdiction to Protect Marriage for the States written by United States. Congress. House. Committee on the Judiciary. Subcommittee on the Constitution and published by . This book was released on 2004 with total page 160 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Limiting Court Jurisdiction Over Federal Constitutional Issues written by and published by . This book was released on 2005 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: Over the years, various proposals have been made to limit the jurisdiction of federal courts to hear cases regarding particular areas of constitutional law such as busing, abortion, prayer in school, and most recently, reciting the Pledge of Allegiance. Several such proposals passed the House in the 108th Congress, including an amendment to H.R. 2799 to limit the use of funds to enforce a federal court decision regarding the Pledge of Allegiance; H.R. 2028, to limit the jurisdiction of federal courts to hear cases regarding the Pledge of Allegiance; and H.R. 3313, to limit federal court jurisdiction over questions regarding the Defense of Marriage Act. Generally, proponents of these proposals are critical of specific decisions made by the federal courts in that particular substantive area, and the proposals are usually intended to express disagreement with cases in those areas and/or to influence the results or applications of such cases. Proposals of this type are often referred to as "court-stripping" legislation. The label arises from the fact that many of these proposals invoke the Congress's power to regulate federal court jurisdiction, i.e., the courts' power to consider cases of a particular class and in a particular procedural posture. It should be noted, however, that some proposals characterized as "courtstripping," rather than focusing on jurisdiction, address what remedies are available to litigants or what procedures must be followed to bring constitutional cases. Although the United States Congress has broad authority to regulate in all three of these areas of judicial power -- jurisdiction, procedure and remedies -- this authority is generally used to address broader issues of court efficiency and resource allocation. This report, however, is limited to proposals to allocate judicial power in a way that affects or influences the result in cases concerning specific constitutional issues. There are at least three different types of "court-stripping" proposals: (1) limiting the jurisdiction of the inferior federal courts, (2) limiting the jurisdiction of all federal courts, and (3) limiting the jurisdiction of both state and federal courts together. While the Congress has broad authority under Article III of the Constitution to regulate the jurisdiction, procedures and remedies available in state and federal courts, this power is generally not used as a means to affect substantive law. Consequently, the federal courts have only rarely faced the question of what happens when the Congress acts under Article III to limit substantive litigation, and the Supreme Court has not squarely faced a modern law limiting jurisdiction to affect or influence litigation of constitutional questions. Thus, an analysis of these proposals relies to some extent on textual analysis and scholarly discussion. Congress's authority to limit the jurisdiction of inferior federal courts appears relatively broad, so that laws limiting the jurisdiction of the lower federal courts would appear to raise fewer constitutional issues. Significant constitutional questions arise, however, with regard to whether Congress could eliminate both inferior federal court and Supreme Court review of constitutional matters. Further, elimination of review of constitutional issues by any court -- state or federal court -- seems the least likely to survive constitutional scrutiny. Various commentators, however, have suggested that limiting jurisdiction for any court for a particular class of cases raises questions regarding both the separation of powers doctrine and the Equal Protection Clause.
Download or read book Limiting Jurisdiction of Federal Courts written by United States. Congress. Senate. Committee on the Judiciary and published by . This book was released on 1932 with total page 146 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Same sex Marriages written by Alison M. Smith and published by . This book was released on 2008 with total page 26 pages. Available in PDF, EPUB and Kindle. Book excerpt: This report discusses the Defense of Marriage Act (DOMA) and legal challenges to it. It reviews legal principles applied to determine the validity of a marriage contracted in another state and surveys the various approaches employed by states to address same-sex marriage. It also examines previous congressional resolutions proposing a constitutional amendment and limiting federal courts' jurisdiction to hear or determine any question pertaining to the interpretation of DOMA.
Download or read book Model Rules of Professional Conduct written by American Bar Association. House of Delegates and published by American Bar Association. This book was released on 2007 with total page 216 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Model Rules of Professional Conduct provides an up-to-date resource for information on legal ethics. Federal, state and local courts in all jurisdictions look to the Rules for guidance in solving lawyer malpractice cases, disciplinary actions, disqualification issues, sanctions questions and much more. In this volume, black-letter Rules of Professional Conduct are followed by numbered Comments that explain each Rule's purpose and provide suggestions for its practical application. The Rules will help you identify proper conduct in a variety of given situations, review those instances where discretionary action is possible, and define the nature of the relationship between you and your clients, colleagues and the courts.
Download or read book Code of Judicial Conduct for United States Judges written by American Bar Association and published by . This book was released on 1974 with total page 424 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Title IX Grievance Procedures written by and published by . This book was released on 1987 with total page 104 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Same Sex Marriages SSM written by Alison M. Smith and published by . This book was released on 2012-03-14 with total page 35 pages. Available in PDF, EPUB and Kindle. Book excerpt: SSM is legal in 7 states. Other states allow civil unions or domestic partnerships, which grant all or part of state-level rights, benefits, and/or respon. of marriage. Some states have statutes limiting marriage to one man and one woman. These variations raise questions about the validity of such unions outside the contracted jurisdiction. The Defense of Marriage Act (DOMA) prohibits fed. recognition of SSM and allows states to refuse to recognize such marriages performed in other states. Contents of this report: DOMA; Constitutional Challenges to DOMA in Fed. Courts; Interstate Recognition of Marriage; SSM Activity in the States; Congress. Activity; State Constitutional Amend. Limiting Marriage to a Man and a Woman. Illus. A print on demand report.
Download or read book Michigan Court Rules written by Kelly Stephen Searl and published by . This book was released on 1922 with total page 520 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Political Foundations of Judicial Supremacy written by Keith E. Whittington and published by Princeton University Press. This book was released on 2009-03-09 with total page 320 pages. Available in PDF, EPUB and Kindle. Book excerpt: Should the Supreme Court have the last word when it comes to interpreting the Constitution? The justices on the Supreme Court certainly seem to think so--and their critics say that this position threatens democracy. But Keith Whittington argues that the Court's justices have not simply seized power and circumvented politics. The justices have had power thrust upon them--by politicians, for the benefit of politicians. In this sweeping political history of judicial supremacy in America, Whittington shows that presidents and political leaders of all stripes have worked to put the Court on a pedestal and have encouraged its justices to accept the role of ultimate interpreters of the Constitution. Whittington examines why presidents have often found judicial supremacy to be in their best interest, why they have rarely assumed responsibility for interpreting the Constitution, and why constitutional leadership has often been passed to the courts. The unprecedented assertiveness of the Rehnquist Court in striking down acts of Congress is only the most recent example of a development that began with the founding generation itself. Presidential bids for constitutional leadership have been rare, but reflect the temporary political advantage in doing so. Far more often, presidents have cooperated in increasing the Court's power and encouraging its activism. Challenging the conventional wisdom that judges have usurped democracy, Whittington shows that judicial supremacy is the product of democratic politics.
Download or read book Marriage Protection Act of 2004 written by United States. Congress. House. Committee on the Judiciary and published by . This book was released on 2004 with total page 168 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Legislative Calendar written by United States. Congress. House. Committee on the Judiciary and published by . This book was released on 2003 with total page 864 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Scalia Dissents written by Antonin Scalia and published by Simon and Schuster. This book was released on 2012-04-01 with total page 321 pages. Available in PDF, EPUB and Kindle. Book excerpt: Brilliant. Colorful. Visionary. Tenacious. Witty. Since his appointment to the Supreme Court in 1986, Associate Justice Antonin Scalia has been described as all of these things and for good reason. He is perhaps the best-known justice on the Supreme Court today and certainly the most controversial. Yet most Americans have probably not read even one of his several hundred Supreme Court opinions. In Scalia Dissents, Kevin Ring, former counsel to the U.S. Senate's Constitution Subcommittee, lets Justice Scalia speak for himself. This volume—the first of its kind— showcases the quotable justice's take on many of today's most contentious constitutional debates. Scalia Dissentscontains over a dozen of the justice's most compelling and controversial opinions. Ring also provides helpful background on the opinions and a primer on Justice Scalia's judicial philosophy. Scalia Dissents is the perfect book for readers who love scintillating prose and penetrating insight on the most important constitutional issues of our time.
Download or read book Congressional Record written by United States. Congress and published by . This book was released on 2011 with total page 1948 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Journal of the House of Representatives of the United States written by United States. Congress. House and published by . This book was released on 2007 with total page 1516 pages. Available in PDF, EPUB and Kindle. Book excerpt: Some vols. include supplemental journals of "such proceedings of the sessions, as, during the time they were depending, were ordered to be kept secret, and respecting which the injunction of secrecy was afterwards taken off by the order of the House".
