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Glidden Co. Vs. Zdanok
Cites for this judgment
- US Supreme Court
- Jun 25, 1962
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U.S. 530 (1962) U.S. Supreme Court Glidden Co. v. ZdanokSearch
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U.S. 530 (1962) Glidden Co. v. ZdanokSearch
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MR. JUSTICE BRENNAN and MR. JUSTICE STEWART. In Ex parte Bakelite Corp., 279 U. S. 438 , and Williams v. UnitedSearch
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neither the tenure nor salary of federal officers is constitutionally protected from impairment by Congress. Crenshaw v. UnitedSearch
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Congress unless those judges were invested at appointment with the protections of Article III. United States v. FisherSearch
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McAllister v. UnitedSearch
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may be the rule when a judge's authority is challenged at the earliest practicable moment, as it was in United States v. American-ForeignSearch
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McDowell v. UnitedSearch
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States Attorney may be permitted on behalf of the public to upset an order issued upon defective authority, Frad v. KellySearch
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U. S. 312 , a private litigant ordinarily may not. Ball v. UnitedSearch
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defect of authority operates also as a limitation on this Court's appellate jurisdiction. Ayrshire Collieries Corp. v. UnitedSearch
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it on direct review even though not raised at the earliest practicable opportunity. E.g., American Construction Co. v. JacksonvilleSearch
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A fortiori is this so when the challenge is based upon nonfrivolous constitutional grounds. In McDowell v. UnitedSearch
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passed upon and upheld the constitutional authority of Congress to provide for such an assignment. And in Lamar v. UnitedSearch
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here relates to basic constitutional protections designed in part for the benefit of litigants. See O'Donoghue v. UnitedSearch
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of citizenship exists may be questioned on direct review for the first time in this Court. Mansfield, C. & L.M. R. Co. v. SwanSearch
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City of Gainesville v. Brown-CrummerSearch
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U. S. 538 decide questions of state law exists only by virtue of the Diversity Clause in Article III. Erie R. Co. v. TompkinsSearch
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See Murray's Lessee v. HobokenSearch
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Federal Radio Comm'n v. GeneralSearch
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Federal Housing Administration v. DarlingtonSearch
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New York, P. & N. R. Co. v. PeninsulaSearch
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Court to investigate the historical materials involved and has drawn from them a contrary conclusion. United States v. HutchesonSearch
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the absence of congressional intimation as to which judges of which courts were to be deemed exempted. See O'Donoghue v. UnitedSearch
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Columbia superior courts seems applicable to the Court of Claims and the Court of Customs and Patent Appeals. In Pope v. UnitedSearch
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not to apply stare decisis as rigidly in constitutional as in nonconstitutional cases, e.g., United States v. SouthSearch
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Burnet v. CoronadoSearch
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We are well advised, therefore, to regard the questions decided in those cases as entirely open to reconsideration. v. TheSearch
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The concept of a legislative court derives from the opinion of Chief Justice Marshall in American Insurance Co. v. CanterSearch
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the decision in later cases sanctioning the creation of other courts with judges of limited tenure. In United States v. CoeSearch
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to property claims within Indian territory under the exclusive control of the National Government. See Stephens v. CherokeeSearch
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III has been viewed as inapplicable to courts created in unincorporated territories outside the mainland, Downes v. BidwellSearch
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Balzac v. PortoSearch
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Dorr v. UnitedSearch
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judges with limited tenure have not been preset, the Canter holding has not been deemed controlling. O'Donoghue v. UnitedSearch
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compensation have been so favored as a matter of legislative grace, and not of constitutional compulsion. McAllister v. UnitedSearch
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courts the continuing exercise of whose jurisdiction is unembarrassed by such practical difficulties. See Mookini v. UnitedSearch
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not over localities. What those opinions fail to deal with is whether that distinction deprives American Insurance Co. v. CanterSearch
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Murray's Lessee v. HobokenSearch
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subjects those courts to the continuous possibility that their entire jurisdiction may be withdrawn. See Williams v. UnitedSearch
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