Open Access. Powered by Scholars. Published by Universities.®
- Keyword
-
- Article III (2)
- Federal courts (2)
- Federalism (2)
- Ambassador (1)
- Arise under (1)
-
- Arising under (1)
- Article I (1)
- Article II (1)
- Belmont (1)
- Brown (1)
- Capture (1)
- Charming betsy (1)
- Constitution (1)
- Customary international law (1)
- Federal common law (1)
- Federal jurisdiction (1)
- Federal oversight (1)
- Federal question (1)
- Foreign relations (1)
- General jurisdiction (1)
- Jurisdiction (1)
- Law of nations (1)
- Limited jurisdiction (1)
- Nereide (1)
- Osborn (1)
- Paquete habana (1)
- Pink (1)
- Recognition (1)
- Reprisal (1)
- Sabbatino (1)
Articles 1 - 3 of 3
Full-Text Articles in Entire DC Network
The Law Of Nations As Constitutional Law, Anthony J. Bellia, Bradford R. Clark
The Law Of Nations As Constitutional Law, Anthony J. Bellia, Bradford R. Clark
Anthony J. Bellia
Courts and scholars continue to debate the status of customary international law in U.S. courts, but have paid insufficient attention to the role that such law plays in interpreting and upholding several specific provisions of the Constitution. The modern position argues that courts should treat customary international law as federal common law. The revisionist position contends that customary international law applies only to the extent that positive federal or state law has adopted it. Neither approach adequately takes account of the Constitution’s allocation of powers to the federal political branches in Articles I and II or the effect of these …
Federal Regulation Of State Court Procedures, Anthony J. Bellia
Federal Regulation Of State Court Procedures, Anthony J. Bellia
Anthony J. Bellia
May Congress regulate the procedures by which state courts adjudicate claims arising under state law? Recently, Congress not only has considered several bills that would do so, but has enacted a few of them. This Article concludes that such laws exceed Congress's constitutional authority. There are serious questions as to whether a regulation of court procedures qualifies as a regulation of interstate commerce under the Commerce Clause. Even assuming, however, that it does qualify as such, the Tenth Amendment reserves the power to regulate court procedures to the states. Members of the Founding generation used conflict-of-laws language to describe a …
The Origins Of Article Iii "Arising Under" Jurisdiction, Anthony J. Bellia
The Origins Of Article Iii "Arising Under" Jurisdiction, Anthony J. Bellia
Anthony J. Bellia
Article III of the Constitution provides that the judicial Power of the United States extends to all cases arising under the Constitution, laws, and treaties of the United States. What the phrase arising under imports in Article III has long confounded courts and scholars. This Article examines the historical origins of Article III arising under jurisdiction. First, it describes English legal principles that governed the jurisdiction of courts of general and limited jurisdiction--principles that animated early American jurisprudence regarding the scope of arising under jurisdiction. Second, it explains how participants in the framing and ratification of the Constitution understood arising …