Section 25 review
Definitions from Case Law · United States Supreme Court
Definitions from Case Law
From 28 U.S. 292 - Samuel Harris v. James Dennie · 1830Most cited · 53 citing opinions
not necessary to state question in terms
It has been often decided in this court, that it is not necessary that it should appear, in terms, upon the record, that any such question was made. It is sufficient, if from the facts stated such a question must have arisen, and the judgment of the state court would not have been what it is, if there had not been a misconstruction of some act of congress, or a decision against the validity of the right, title, privilege or exemption set up under it.
How the Supreme Court has restated “Section 25 review”
Each Supreme Court definition of “Section 25 review,” sized by how often later courts cited it. “Change” is measured by wording overlap with earlier definitions — a rough signal, not a semantic judgment.
How often courts cite the cases defining “Section 25 review”
Court decisions citing the 4 opinions that defined “Section 25 review” — 80 in all, by decade. Counts are citations to the defining cases as a whole, not verified uses of the term. The dip in the most recent years is a data-coverage gap, not a real trend — our corpus holds fewer opinions from the latest years.
All 4 definitions, chronological · 1813–1841
- ORIGINAL
This Court has no authority, under the law which authorizes this appeal, to notice any error except such as appears on the face of the record and immediately respects the questions of validity of the constitution, treaties, statutes, commissions, or authorities in dispute.
scope
to bring any case within the reach of the 25th section, it must appear upon the face of the record of the state Court, either by express terms, or by clear and necessary intendment, that the question did actually arise in the state Court, not that it might have arisen, or have been applicable to the case; and that the question was actually decided, not that it might have been decided by the state Court, against the title, right, or privilege, or exemption set up by the party.
must appear on record
It is not sufficient, that the point was involved in the case, and might have been raised, and might have been decided. It must appear, either in direct terms, or by necessary intendment, that it was in fact brought to the notice of the court and decided by it.
must appear question was decided