public rights
Definitions from Case Law · United States Supreme Court
Definitions from Case Law
From 59 U.S. 272 - John Den James Murray and John Kayser v. The Hoboken Land and Improvement Company John Den James B Murray et al. · 1855Most cited · 1,012 citing opinions
matters committed to executive determination
we do not consider congress can either withdraw from judicial cognizance any matter which, from its nature, is the subject of a suit at the common law, or in equity, or admiralty; nor, on the other hand, can it bring under the judicial power a matter which, from its nature, is not a subject for judicial determination. At the same time there are matters, involving public rights, which may be presented in such form that the judicial power is capable of acting on them, and which are susceptible of judicial determination, but which congress may or may not bring within the cognizance of the courts of the United States, as it may deem proper.
How often courts cite the cases defining “public rights”
Court decisions citing the 2 opinions that defined “public rights” — 1,369 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 2 definitions, chronological · 1855–1933
There are matters, involving public rights, which may be presented in such form that the judicial power is capable of acting on them, and which are susceptible of judicial determination, but which congress may or may not bring within the cognizance of the courts of the United States, as it may deem proper.