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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”

18501900195020002030234

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

  1. 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.