Limitation of Appellate Jurisdiction of the United States Supreme Court: Hearing Before the Subcommittee to Investigate the Administration of the Internal Security Act and Other Internal Security Laws of the Committee on the Judiciary, United States Senate, Eighty-fifth Congress, First Session [and] Second Session on S.2646. August 7,1957-March 5, 1958, Volume 2
U.S. Government Printing Office, 1957 - Appellate procedure - 333 pages
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action activities amendment American answer appellate jurisdiction areas asked Association authority believe bill body branch BUTLER Chairman Chief citizens committee communism Communist concerned Congress congressional Constitution cooperative course danger decided decisions determine district effect enacted executive exercise fact February Federal field freedom function give given Government grant hand hearings held HENNINGS hold House important individual intended interest Internal interpretation involved issue judges judgment judicial judiciary Justice legislation letter liberty limit majority matter mean opinion organization particular Party passed persons political practice present principle proposed protect provision question reason recent record referred regard regulations represent require respect result rule Senator JENNER Smith SOURWINE statement statute subversive Supreme Court thing tion United Washington Watkins witness York
Page 729 - A final judgment or decree in any suit, in the highest court of law or equity of a state in which a decision in the suit could be had, where is drawn in question the validity of a treaty or statute of, or an authority exercised under the United States, and the decision is against their validity...
Page 835 - Nor does this conclusion by any means suppose a superiority of the judicial to the legislative power. It only supposes that the power of the people is superior to both...
Page 701 - On the other hand, the general rule, supported by the best elementary writers, is, that "when an act of the legislature is repealed, it must be considered, except as to transactions past and closed, as if it never existed.
Page 435 - That motive is the importance, and even necessity, of uniformity of decisions throughout the whole United States, upon all subjects within the purview of the Constitution. Judges of equal learning and integrity, in different States, might differently interpret a statute, or a treaty, of the United States, or even the Constitution itself.
Page 542 - We are under a Constitution, but the Constitution is what the judges say it is.
Page 701 - We are not at liberty to inquire into the motives of the legislature. We can only examine into its power under the Constitution ; and the power to make exceptions to the appellate jurisdiction of this court is given by express words.
Page 835 - Some perplexity respecting the rights of the courts to pronounce legislative acts void, because contrary to the Constitution, has arisen from an imagination that the doctrine would imply a superiority of the judiciary to the legislative power.
Page 799 - Ohio Valley Water Co. v. Ben Avon Borough, 253 US 287 (1920); St.
Page 835 - It is not otherwise to be supposed that the Constitution could intend to enable the representatives of the people to substitute their will to that of their constituents. It is far more rational to suppose that the courts were designed to be an intermediate body between the people and the legislature, in order, among other things, to keep the latter within the limits assigned to their authority.