Court : US Supreme Court
Decided on : Oct-11-1995
..... and be in full force, until altered or repealed by the legislature ... "); commonwealth v. churchill, 2 met. 118, 123-124 (mass. 1840) (shaw, c. j.) (construing "laws" in this provision to include common law); n. h. const., part ii (1784), in 6 swindler, supra, at 356 ("all the laws which have heretofore been adopted, used and approved, in the province, colony, or state of new ..... only six years after the passage of the eleventh amendment, congress enacted a statute providing for general federalquestion jurisdiction. act of feb. 13, 1801, 11, 2 stat. 92 ("[t]he said circuit courts respectively shall have cognizance of ... all cases in law or equity, arising under the constitution and laws of the united states, and treaties made, or which shall be made, under their authority ..... , i would, of course, follow union gas in recognizing congressional power under article i to abrogate hans immunity. since the reasons for this position, as explained in parts ii-iii, supra, tend to unsettle hans as well as support union gas, i should add a word about my reasons for continuing to accept hans's holding as a matter ..... party agreed effectively to end reconstruction and to withdraw federal troops from the south in return for southern acquiescence in the decision of the electoral commission that awarded the disputed 1876 presidential election to rutherford b. hayes. see j. orth, judicial power of the united states: the eleventh amendment in american history 53-57 (1987); gibbons, supra, at 1978- 121 .....Tag this Judgment!
Court : US Supreme Court
Decided on : Nov-28-1995
..... , 299 (1989) (o'connor, j., concurring in part and dissenting in part) ("[t]he applicability of a provision of the constitution has never depended on the vagaries of state or federal law"). furthermore, the arguments made by both parties demonstrate that it is far from clear, as a general matter, whether the balance of interests at stake is more ..... 30 (1875), in 1 federal and state constitutions 161 (f. thorpe ed. 1909); civil government in alaska act, tit. i, 2 (1900), in id., at 243; ark. const., art. xix, 15, 16 (1874), in id., at 366; colo. const., art. v, 29 (1876), in id., at 485; del. const., art. xv; 8 (1897), in id., at 631; ..... permanent government for district of columbia act, 5 (1878), in id., at 645-646; ill. const., art. iii, 39 (1848), in 2 id., at 991; ill. const., art. iv, 25 (1870), in id ..... ., at 1022; kan. const., art. xvi, 2 (1858), in id., at 684 1236; ky. const., 247 (1890), in ..... (1866-1867), in id., at 2353; ohio const., art. xv; 2 (1851), in 5 id., at 2932; pa. const., art. iii, 12 (1873), in id., at 3127; tex. const., art. xvi, 21 (1876), in 6 id., at 3658-3659; w. va. const., art. vi, 34 (1872), in 7 id., at 4044; wis. const., art. iv, 25 .....Tag this Judgment!
Court : Supreme Court of India
Decided on : Jun-20-1995
Reported in : AIR1995SC2001; JT1995(5)SC1; 1995(4)SCALE1; 1995Supp(4)SCC286; Supp1SCR542
..... general sense it means the law relating to any matter concerning the church of england administered and enforced in any court; in its technical sense it means the law administered by ecclesiastical courts and persons' [halsbury's laws of england vol. 14 para 137]. the ecclesiastical law of england is as much the law of the land as any other part of the law' [halsbury's laws ..... and the court cannot assume jurisdiction to grant such declaration. the learned counsel urged that each parish church is a place of worship within the meaning of section 2(c) of the act and the religious denomination is the jacobite syrian orthodox church in malabar. according to learned counsel, it having been held in successive decisions that there were two ..... syrian church in this division.86. on account of certain disputes and bickerings between the members of malankara jacobite syrian church, patriarch peter iii of antioch came to malabar in 1876. he called a meeting of the accredited representatives of all churches in malabar which is known as the 'mulanthuruthy synod'. at this synod, malankara syrian christian association, popularly ..... each member church was to send three representatives to the association. a managing committee of twenty four, called the 'standing working committee of the association' was also constituted. until 1876, the entire malabar was comprised in one diocese. but thereafter it was divided into seven dioceses, each diocese headed by a metropolitan. one of them was to be designated .....Tag this Judgment!