|
|
Federal Republic of Germany v. United States, 526 U.S. 111 (1999)
Contents:
Show Summary
Hide Summary
General SummaryThis case is from a collection containing the full text of over 16,000 Supreme Court cases from 1793 to the present. The body of Supreme Court decisions are, effectively, the final interpretation of the Constitution. Only an amendment to the Constitution can permanently overturn an interpretation and this has happened only four times in American history.
Federal Republic of Germany v. United States, 526 U.S. 111 (1999)
Federal Republic of Germany v. United States No. 127, Orig. Decided March 3, 1999 526 U.S. 111
ON APPLICATION FOR TEMPORARY RESTRAINING ORDER OR PRELIMINARY
INJUNCTION AND ON MOTION FOR LEAVE TO FILE A BILL OF COMPLAINT
Syllabus
Plaintiffs moved for leave to file a bill of complaint and for a preliminary injunction against the United States and the Governor of Arizona, both raised under this Court’s original jurisdiction, seeking, inter alia, enforcement of an ex parte order by the International Court of Justice which directed the United States to prevent Arizona’s execution of a German citizen. The action was filed within two hours of an execution ordered in January, based upon a sentence imposed in 1984 about which Germany learned in 1992.
Held: given the tardiness of the pleas and the threshold barriers they implicate, this Court declines to exercise its original jurisdiction. It appears that the United States has not waived its sovereign immunity, and it is doubtful that Art. III, § 2, cl. 2 provides an anchor for an action to prevent execution of a German citizen who is not an ambassador or consul. Also, a foreign government’s ability here to assert a claim against a State is without evident support in the Vienna Convention, and in probable contravention of Eleventh Amendment principles. See Breard v. Greene, 523 U.S. 371, 377.
Motions denied.
Contents:
Chicago: U.S. Supreme Court, "Syllabus," Federal Republic of Germany v. United States, 526 U.S. 111 (1999) in 526 U.S. 111 Original Sources, accessed November 22, 2024, http://originalsources.com/Document.aspx?DocID=1LPUQ7E4NS93SQH.
MLA: U.S. Supreme Court. "Syllabus." Federal Republic of Germany v. United States, 526 U.S. 111 (1999), in 526 U.S. 111, Original Sources. 22 Nov. 2024. http://originalsources.com/Document.aspx?DocID=1LPUQ7E4NS93SQH.
Harvard: U.S. Supreme Court, 'Syllabus' in Federal Republic of Germany v. United States, 526 U.S. 111 (1999). cited in 1999, 526 U.S. 111. Original Sources, retrieved 22 November 2024, from http://originalsources.com/Document.aspx?DocID=1LPUQ7E4NS93SQH.
|