Protection Of Government Property -- National Parks And Forests, 1633. As to the concurrent power of the states it matters of judicial cognizance. . It was observed by Mr. Hamilton, in the convention of this state in 1788,9 that if the United States, and the state, should each lay a like tax on a specific article, and the individual should be unable to pay both, the party who first levied would hold the property. https://www.definitions.net/definition/Concurrent+jurisdiction. It only permits state courts which are competent for the purpose, and have an inherent jurisdiction adequate to the case, to entertain suits in the given cases; and they do not become inferior courts in the sense of the constitution, because they are not ordained by congress, The state courts are left to infer their own duty from their own state authority and organization; but if they do voluntarily entertain jurisdiction of causes cognizance tinder the authority of the United States, they do it upon the condition, that the appellate jurisdiction of the federal courts shall apply. At the outset these laws specifically forbid certain property crimes. A concurrent jurisdiction in the state courts was admitted in all except those enumerated cases; but this doctrine was only applicable to those descriptions of causes of which the state courts had previous cognizance, and it was not equally evident in relation to cases which grew out of the constitution. If congress, for instance, did not exercise the power of providing for organizing, awning and disciplining the militia, it was competent for the states to do it; but as congress had exercised its constitutional powers upon the subject of the militia as fully as was thought proper, the power of legislation over that subject by the states was excluded, except so far as it had been permitted by congress. Web. In the case of Martin v. Hunter,12 Judge Story, in delivering the opinion of the court, seemed to think, that it was the duty of congress try vest the whole judicial power of the United States in courts ordained and established by itself. Subsequent judges have not expressed themselves quite so strongly in favor of state rights, and in restriction of the powers of the national government. This authority is constitutionally based. Attempt To Kill Or Kidnap -- 18 U.S.C. - Art. This means that if the two parties are having a dispute at which more than $10,000 USD is at stake, diversity jurisdiction exists when the parties are citizens of different states or when one party is a citizen and another is a resident alien. STANDS4 LLC, 2020. The doctrine seems to be admitted, that congress cannot compel a state court to entertain jurisdiction in any case. The states may legislate in the absence of congressional regulations. There was another difficulty not so easily surmounted, and that was, whether, if a conviction of a crime against the United States be had in a state court admitted to have concurrent jurisdiction, the governor of the state would have the power of pardon, and in that way control the law and policy of the United States. Destruction Of Government Property -- Other Statutes Affected, 1673. In this situation the United States simply retains proprietary jurisdiction over the property. A court may also have authority to operate within a certain territory. This was necessary; because the concurrent jurisdiction of the state courts over all offenses was taken away, and that jurisdiction was vested exclusively in the national courts by the judiciary act, and it required another act to restore it. G.R. The correct principle was, that whenever the terms in which the power was granted to congress, or the nature of the power, required that it should be exercised exclusively by congress, the subject was as completely taken from the state legislatures, as if they had been expressly forbidden to act on it. An example of the first class is to be found in the exclusive legislation delegated to congress over places purchased for forts, arsenals, etc. The judiciary act of 1789 was the true exposition of the constitution with respect to the concurrent jurisdiction of the state courts, and the exclusive jurisdiction of those of the United States; and by that act the exclusive cognizance of all crimes and offenses cognizable under the authority of the United States, and of all suits for penalties and forfeitures, was given to the federal courts, The judiciary act in no instance excluded the previously existing jurisdiction of the state courts, except in a few specified cases of a national nature; but their jurisdiction was excluded in all criminal cases, and with respect to offenses arising under the acts of congress, In such cases, the federal jurisdiction was necessarily exclusive; but it was not so as to preexisting matters within the jurisdiction of the state courts. . 1366, ‹ 1629. It was decided, that congress had exclusive authority to regulate proceedings and executions in the federal courts, and that the states had no authority to control such process; and, therefore, executions by fieri facias in the federal courts were not subject to the checks created by the new Kentucky statute. But the general observation was subsequently qualified, and confined to that judicial poser which was exclusively vested in the United States. In making him a winner you have made yourself a loser. Concurrent Jurisdiction. Our great and effective security consists in the fact, that the constituents of the general and of the state governments are one and the same people; and the powers of the national government must always be exercised with a due regard to the interest and prosperity of every member. The Federal government is the single largest holder of real estate in the United States. Forum shopping refers to choosing the court that seems most likely to have the most favorable outcome. It is not the right to establish these uniform laws, but their actual establishment, which is inconsistent with the partial acts of the states. But the concurrent power of legislation in the states did not extend to every case in which the exercise by the states had not been expressly prohibited. Therefore, United States Attorneys should be aware of the jurisdictional status of all federal property within their respective districts. A concurrent jurisdiction in the state courts was admitted in all except those enumerated cases; but this doctrine was only applicable to those descriptions of causes of which the state courts had previous cognizance, and it was not equally evident in relation to cases which grew out of the constitution. The conclusion, then, is, that in judicial matters, the concurrent jurisdiction of the state tribunals depends altogether upon the pleasure of congress, and may be revoked and extinguished whenever they think proper, in every case in which the subject matter can constitutionally be made cognizable in the federal courts; and that, without an express provision to the contrary, the state courts will retain a concurrent jurisdiction in all cases where they had jurisdiction originally over the subject matter. The judiciary act grants exclusive jurisdiction to the circuit courts of all crimes and offenses cognizable under the authority of the United States, except where the laws of the United States should otherwise provide; and this accounts for the proviso in the act of 24th of February, 1807, c. 75. and in the act of 10th of April, 1816, c. 44. concerning the forgery of the notes of the Bank of the United States, declaring, that nothing in that act contained should be construed to deprive the courts of the individual states of jurisdiction, under the laws of the several states, over offenses made punishable by that act. Protection Of Government Property -- Element -- Intent, 1656. Destruction Of Government Property -- Malicious Mischief -- Destruction Of Energy Facility -- 18 U.S.C. The admiralty and maritime jurisdiction is of the same exclusive cognizance; and it can only be in those cases where, previous to the constitution, state tribunals possessed jurisdiction independent of national authority, that they can now constitutionally exercise a concurrent jurisdiction. 351, 1615. Item No "x x x. It was considered, that there was vast weight in the argument, that the constitution is imperative upon congress to vest all the judicial power of the United States, in the shape of original jurisdiction, in the supreme and inferior courts created under its own authority. This is not contended; but would not the United States have a right to declare, that their taxes were liens from the time they were imposed; and would they not, as of course, be entitled to be first paid; and must toot the state collector, in all cases, stand by and wait until the national tax is collected, before he proceeds to collect his state tax out of the exhausted subject? Concept -- "Sell, Convey And Dispose Of Government Property Without Authority", 1642. Investigative Responsibility -- 18 U.S.C. There are three methods by which the United States obtains exclusive or concurrent jurisdiction over federal lands in a state: (1) a state statute consenting to the purchase of land by the United States for the purposes enumerated in Article 1, Section 8, Clause 1 7, of the Constitution of the United States; (2) a state cession statute; and (3) a reservation of federal jurisdiction upon the admission of a state into … 188064, Ltigation, Appeals, Justice System - Laserna Cueva-Mercader Law Offices, SC justices shed light on Ombudsman's power to probe. Concurrent jurisdiction is that which is possessed over the same parties or subject matter at the same time by two or more separate tribunals. In that case, the Supreme Court disclaimed the idea that congress could authoritatively bestow judicial powers on state courts and magistrates. § 255; Adams v. United States, 319 U.S. 312 (1943). Federal courts can only hear cases arising out of federal laws or out of diversity jurisdiction. Protection Of Government Property -- Military Bases, 1635. Congress, throughout the judiciary act, and particularly in the 9th, 11th, and 13th sections, have legislated upon the supposition, that in all the cases to which the judicial powers of the United States extended, they might rightfully vest exclusive jurisdiction in their own courts. Thus, it had the authority to proceed and decide the case to the exclusion of the DepEd and the Board of Professional Teachers, To further drive home the point, it was ruled in CSC v. Macud[. By: Carlos S. Hernandez Jr. Information and translations of Concurrent jurisdiction in the most comprehensive dictionary definitions resource on the web.
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