Sunday, February 17, 2008

U.S. v. Standard Oil

United States v. Standard Oil Co., 332 U.S. 302 (1947)

In re: Erie: "Its object and effect were thus to bring federal judicial power under subjection to state authority in matters essentially of local interest and state control." 301

The key is that the federal judicial power is subject to internal limits, subject to the requirement that the federal government (as a whole) be respectful of state authority.

Citing references

Calvin R. Massey, Abstention and the Constitutional Limits of the Judicial Power of the United States, 1991 B.Y.U. L. Rev. 811 (1991)

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