Then in 1875, apparently in response to the nationalizing influence of the Civil War, Congress first gave the lower federal courts general authority -- concurrently with state tribunals -- to decide cases involving federal-right questions.

On review the Supreme Court, via Mr. Justice Frankfurter, found southern racial problems `` a sensitive area of social policy on which the federal courts ought not to enter unless no alternative to adjudication is open ''.

But they objected vigorously to the proposition that federal courts may refuse to exercise jurisdiction conferred in a valid act of Congress:

By these measures, Congress, so the Court ( in effect ) now decides, gave not only needless but inadequate relief, since it now appears that the federal courts have inherent power to sterilize the Act of 1875 against all proceedings challenging local regulation ''.

The Taft-Hartley Act gave the federal courts jurisdiction over `` suits for violation of contracts between an employer and a labor organization representing employees in an industry affecting commerce ''.

In short, congressional power to grant federal-question authority to federal courts is now apparently so broad that Congress need not create, or specify, the right to be enforced.

( 2 ) displacement of state law by federal law in state courts in all actions regarding collective bargaining agreements ; ;

( As we have seen, the Erie and York decisions require federal courts in diversity cases to follow state decisional rules.

Does Lincoln Mills suggest that if Congress granted jurisdiction over interstate divorce cases, the federal courts would be authorized to fashion a national law for the dissolution of marriages??

A careful student has suggested that `` In any new revision ( of the Judicial Code ) the legislators would do well to remember that the allocation of power to the federal courts should be limited to those matters in which their expertise in federal law might be used, leaving to the state judiciaries the primary obligation of pronouncing state law ''.

With few exceptions, Congress has not given federal courts exclusive authority to enforce rights arising under federal law.

To put it differently, state and federal courts have concurrent jurisdiction with respect to most claims of federal right.

That is, he did not claim in any of the four courts through which his case progressed that the jury charge had denied him any federal right.

In the federal courts, the parties ' names always stay in the same order as the lower court when an appeal is taken to the circuit courts of appeals, and are re-ordered only if the appeal reaches the Supreme Court.

The key distinguishing factor between direct and collateral appeals is that the former occurs in state courts, and the latter in federal courts.

For example, a criminal defendant may be convicted in state court, and lose on " direct appeal " to higher state appellate courts, and if unsuccessful, mount a " collateral " action such as filing for a writ of habeas corpus in the federal courts.

In the United States, both state and federal appellate courts are usually restricted to examining whether the lower court made the correct legal determinations, rather than hearing direct evidence and determining what the facts of the case were.

In most U. S. states, and in U. S. federal courts, parties before the court are allowed one appeal as of right.

In federal courts in the United States, arraignment takes place in two stages.

Jefferson and James Madison also secretly drafted the Kentucky and Virginia Resolutions denouncing the federal legislation, though state legislatures rejected these resolutions.

When the government proposed a new federal code of civil procedure in 2006, replacing the cantonal codes of civil procedure, it rejected the introduction of class actions, arguing that:

These claims were rejected by the Ohio Supreme Court, but the federal claims were upheld by the local federal district court and by the Sixth Circuit appeals court.

Hoover rejected direct federal relief payments to individuals, as he believed that a dole would be addictive, and would reduce the incentive to work.

In a similar case arising from Louisiana's interposition act, Bush v. Orleans Parish School Board, 364 U. S. 500 ( 1960 ), the Supreme Court affirmed the decision of a federal district court that rejected interposition.

Despite this, the Supreme Court has explicitly rejected the idea that the states can nullify federal law.

The other states, however, did not follow suit and several rejected the notion that states could nullify federal law.

In June 2009, Governor John de Jongh, Jr. rejected the resulting draft constitution, saying that the document " violates federal law, fails to defer to federal sovereignty and disregards basic civil rights ".

A separate challenge to the provisions governing obscenity, known as Nitke v. Gonzales, was rejected by a federal court in New York in 2005.

* April 7 Lea Fastow withdraws her guilty plea after a federal judge rejected her plea agreement.

Cambreleng complained to his audience about a U. S federal bill that had been rejected without full examination by the United States House of Representatives.

This request was rejected, and the federal government internally named the community for its school district number ( 56 ).

" In his memorandum to death penalty states, Carnes observed that in Florida and Virginia the federal courts had rejected Leuchter's testimony as unreliable.

In 1980, a federal judge rejected Hanley's request to have the conviction removed from his record.

The company's efforts to avoid a Chapter 11 filing apparently ended Wednesday when a government board rejected its bid for in federal loan guarantees.

It is intended to be larger than Mount Rushmore and has the support of Lakota chiefs ; the Crazy Horse Memorial Foundation has rejected offers of federal funds.

Senator Alcorn urged the removal of the political disabilities of white southerners and rejected Radical Republican proposals to enforce social equality by federal legislation ; he denounced the federal cotton tax as robbery, and defended separate schools for both races in Mississippi.

In June 2006 the proposals, which had been particularly associated with Lega Nord, and seen by some as leading the way to a federal state, were rejected in a referendum by 61. 7 % to 38. 3 %.

The party congress rejected the proposal of Agalev-Limburg to form a federal cartel with the SP. A and Spirit.

This implied the recognition of the rights of Christian IX, and was indignantly rejected ; whereupon the federal assembly was informed that the Austrian and Prussian governments would act in the matter as independent European powers.

The people everywhere had grown meanwhile in devotion to basic democratic principles, in understanding of and belief in the federal balance, and in love of their Union.

If the Union conceded this to them, the same right must be conceded to each remaining state whenever it saw fit to secede: This would destroy the federal balance between it and the states, and in the end sacrifice to the sovereignty of the states all the liberty the citizens had gained by their Union.

Both the federal and state governments commence their fiscal years on July 1.

The President has also called upon the Attorney General, the Secretary of Health, Education and Welfare, and the Secretary of Labor to coordinate their efforts `` in the development of a program of federal leadership to assist states and local communities in their efforts to cope with the problem.

The charge that the federal indictment of three Chicago narcotics detail detectives `` is the product of rumor, combined with malice, and individual enmity '' on the part of the federal narcotics unit here was made yesterday in their conspiracy trial before Judge Joseph Sam Perry in federal District court.

The federal lawyers, according to their witnesses, also were tracing Stein's fees as a labor consultant.

The recent publicity attending the successful federal prosecution of a conspiracy indictment against a number of electrical manufacturers has evoked a new respect for the anti-trust laws that is justified neither by their rationale nor by the results they have obtained.

Eleven southern slave states declared their secession from the United States and formed the Confederate States of America (" the Confederacy "); the other 25 states supported the federal government (" the Union ").

Arbor Day reached its height of popularity on its 125th anniversary in 1997, when David J. Wright, noticed that a Nebraska nonprofit organization called the National Arbor Day Foundation had taken the name of the holiday and commercialized it for their own use as a trademark for their publication " Arbor Day ," so he countered their efforts, launched a website, and trademarked it for " public use celebrations " and defended the matter in a federal district court in the United States to ensure it was judged as property of the public domain, the case was settled in October 1999.

There are various accounts concerning the origin of the settlement's name ; one states that Allen and Rumsey decided to name it for their wives, both named Ann, and for the stands of burr oak in the of land they purchased for $ 800 from the federal government at $ 1. 25 per acre.

It was reported in October 2011 that the Australian federal government had reached an agreement with all of the states on potential changes to their laws in the wake of amendments to the Act of Settlement.

In the United States, however, personally retained counsel have had a right to appear in all federal criminal cases since the adoption of the Constitution and in state cases at least since the end of the Civil War, although nearly all provided this right in their state constitutions or laws much earlier.

In 1966, Nin had her marriage with Pole annulled, due to the legal issues arising from both Guiler and Pole having to claim her as a dependent on their federal tax returns.

Article III of the Constitution specifies that Associate Justices, and all other United States federal judges " shall hold their Offices during good Behavior.

In May 1924, O ' Banion discovered that their Sieben Brewery was going to be raided by federal agents and sold his share to Torrio.

Despite these constraints especially those deputies that are elected directly normally try to keep close contact with their constituents and to help them with their problems, particularly when they are related to federal policies or agencies.

In September 1966 the Welsh Liberal Party formed their own state party, moving the Liberal Party into a fully federal structure.