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The discovery doctrine, or doctrine of discovery, is a disputed interpretation of international law during the Age of Discovery, introduced into United States municipal law by the US Supreme Court Justice John Marshall in Johnson v. McIntosh (1823).
Marshall's opinion lays down the foundations of the doctrine of aboriginal title in the United States, and the related doctrine of discovery. However, the vast majority of the opinion is dicta ; as valid title is a basic element of the cause of action for ejectment, the holding does not extend to the validity of McIntosh's title, much less the ...
Supreme Court of the United States Marshall Court Ellsworth Court ← → Taney Court Chief Justice John Marshall February 4, 1801 – July 6, 1835 (34 years, 152 days) Seat Old Supreme Court Chamber Washington, D.C. No. of positions 6 (1801-1807) 7 (1807-1835) Marshall Court decisions The Marshall Court refers to the Supreme Court of the United States from 1801 to 1835, when John Marshall ...
Marshall observed that the Constitution is "the fundamental and paramount law of the nation", and that it cannot be altered by an ordinary act of the legislature. Therefore, "an act of the Legislature repugnant to the Constitution is void." [54] Marshall then discussed the role of the courts, which is at the heart of the doctrine of judicial ...
If Marshall was suggesting that the power over interstate commerce is an exclusive federal power, the Dormant Commerce Clause doctrine eventually developed very differently: it treats regulation that does not discriminate against or unduly burden interstate commerce as a concurrent power, rather than an exclusive federal power, and it treats ...
Marshall wrote that "a general provision may be made, and power is given to those who are to act under such general provisions, to fill up the details." Marshall's words and future court decisions gave Congress much latitude in delegating powers. It was not until the 1930s that the Supreme Court held a delegation of authority unconstitutional.
Marshall v. Holmes, 141 U.S. 589, is an 1891 decision of the United States Supreme Court on equitable relief, res judicata and fraud on the court in diversity jurisdiction. . Justice John Marshall Harlan wrote for a unanimous Court that held it unconscionable to allow a state court's decision to stand that had been based on documents later exposed as forge
The Judiciary Act of 1789. Under the Articles of Confederation, there were no general federal courts or crimes. [1] [2] Although the Articles authorized a federal court to punish "piracies and felonies committed on the high seas," [3] and the Congress of the Confederation in 1775 created the Court of Appeals in Prize Cases, [2] [4] Congress soon devolved this power to the states. [1]