dreamproit/uscode huggingface dataset:
27 U.S.C. § 219a (INTOXICATING LIQUORS)
§ 219a. Severability
If any provision of this subchapter or the application thereof to any person or circumstance is held invalid, the validity of the remainder of this subchapter and this chapter and of the application of such provision to other persons and circumstances shall not be affected thereby.
(Aug. 29, 1935, ch. 814, title II, § 209, as added Pub. L. 100–690, title VIII, § 8001(a)(3), Nov. 18, 1988, 102 Stat. 4521.)
27 U.S.C. § 221 to 228 (INTOXICATING LIQUORS)
§§ 221 to 228. Repealed. June 25, 1948, ch. 645, § 21, 62 Stat. 862
text: Section 221, act June 25, 1936, ch. 815, § 1, 49 Stat. 1928, related to citation of this chapter.
text: Section 222, act June 25, 1936, ch. 815, § 2, 49 Stat. 1928, related to definitions. See sections 1262 and 3615 of Title 18, Crimes and Criminal Procedure.
text: Section 223, act June 25, 1936, ch. 815, § 3, 49 Stat. 1928, related to transportation of liquor into States where sale is prohibited. See section 1262 of Title 18.
text: Section 224, act June 25, 1936, ch. 815, § 4, 49 Stat. 1928, related to searches and seizures. See section 3615 of Title 18.
text: Section 225, act June 25, 1936, ch. 815, § 5, 49 Stat. 1929, related to enforcement of this chapter. See section 1261 of Title 18.
text: Section 226, act June 25, 1936, ch. 815, § 10, 49 Stat. 1929, related to effect of this chapter on other laws.
text: Section 227, act June 25, 1936, ch. 815, § 11, 49 Stat. 1930, related to separability provisions of this chapter.
text: Section 228, act June 25, 1936, ch. 815, § 12, 49 Stat. 1930, related to effective date of this chapter.
heading: Effective Date of Repeal
text: Repeal of sections 221 to 228 effective Sept. 1, 1948, see act June 25, 1948, ch. 645, § 20, 62 Stat. 862.
28 U.S.C. § 2 (JUDICIARY AND JUDICIAL PROCEDURE)
§ 2. Terms of court
The Supreme Court shall hold at the seat of government a term of court commencing on the first Monday in October of each year and may hold such adjourned or special terms as may be necessary.
(June 25, 1948, ch. 646, 62 Stat. 869.)
heading: Historical and Revision Notes
text: Based on title 28, U.S.C., 1940 ed., § 338 (Mar. 3, 1911, ch. 231, § 230, 36 Stat. 1156; Sept. 6, 1916, ch. 448, § 1, 39 Stat. 726).
Minor changes in phraseology were made.
28 U.S.C. § 3 (JUDICIARY AND JUDICIAL PROCEDURE)
§ 3. Vacancy in office of Chief Justice; disability
Whenever the Chief Justice is unable to perform the duties of his office or the office is vacant, his powers and duties shall devolve upon the associate justice next in precedence who is able to act, until such disability is removed or another Chief Justice is appointed and duly qualified.
(June 25, 1948, ch. 646, 62 Stat. 869.)
heading: Historical and Revision Notes
text: Based on title 28, U.S.C., 1940 ed., § 323 (Mar. 3, 1911, ch. 231, § 217, 36 Stat. 1152).
The sentence, “This provision shall apply to every Associate Justice who succeeds to the office of Chief Justice”, was omitted as covered by last portion of revised section.
Minor changes were made in phraseology.
For seniority of commissions, see section 4 of this title.
28 U.S.C. § 4 (JUDICIARY AND JUDICIAL PROCEDURE)
§ 4. Precedence of associate justices
Associate justices shall have precedence according to the seniority of their commissions. Justices whose commissions bear the same date shall have precedence according to seniority in age.
(June 25, 1948, ch. 646, 62 Stat. 869.)
heading: Historical and Revision Notes
text: Based on title 28, U.S.C., 1940 ed., § 322 (Mar. 3, 1911, ch. 231, § 216, 36 Stat. 1152).
Minor changes in phraseology were made.
28 U.S.C. § 6 (JUDICIARY AND JUDICIAL PROCEDURE)
§ 6. Records of former court of appeals
The records and proceedings of the court of appeals, appointed previous to the adoption of the Constitution, shall be kept until deposited with the National Archives of the United States in the office of the clerk of the Supreme Court, who shall furnish copies thereof to any person requiring and paying for them, in the manner provided by law for giving copies of the records and proceedings of the Supreme Court. Such copies shall have the same faith and credit as proceedings of the Supreme Court.
(June 25, 1948, ch. 646, 62 Stat. 870; Oct. 25, 1951, ch. 562, § 4(7), 65 Stat. 640.)
heading: Historical and Revision Notes
text: Based on title 28, U.S.C., 1940 ed., § 329 (Mar. 3, 1911, ch. 231, § 222, 36 Stat. 1153).
In a letter dated August 8, 1944, the clerk of the Supreme Court advised that many of the early records mentioned in this section were destroyed by fire. Others are on file in the Clerk’s office.
Minor changes in phraseology were made.
heading: Amendments
text: 1951—Act Oct. 25, 1951, inserted “until deposited with the National Archives of the United States” in first sentence.
28 U.S.C. § 42 (JUDICIARY AND JUDICIAL PROCEDURE)
§ 42. Allotment of Supreme Court justices to circuits
The Chief Justice of the United States and the associate justices of the Supreme Court shall from time to time be allotted as circuit justices among the circuits by order of the Supreme Court. The Chief Justice may make such allotments in vacation.
A justice may be assigned to more than one circuit, and two or more justices may be assigned to the same circuit.
(June 25, 1948, ch. 646, 62 Stat. 870.)
heading: Historical and Revision Notes
text: Based on title 28, U.S.C., 1940 ed., § 215 (Mar. 3, 1911, ch. 231, § 119, 36 Stat. 1131; Dec. 23, 1944, ch. 724, 58 Stat. 925).
The authority of the Chief Justice in vacation to assign a circuit justice to more than one circuit was extended by omitting the phrase “whenever by reason of death or resignation, no Justice is allotted to a circuit.”
The provision in section 215 of Title 28, U.S.C., 1940 ed., that, for the purposes of said section, the “District of Columbia shall be deemed to be a judicial circuit,” was omitted, since the District of Columbia is made a judicial circuit by section 41 of this title.
The last paragraph was added to make clear the intent of Congress that the powers of the Court to assign the justices among the several circuits should be completely flexible.
Changes were made in phraseology.
28 U.S.C. § 43 (JUDICIARY AND JUDICIAL PROCEDURE)
§ 43. Creation and composition of courts
(a) There shall be in each circuit a court of appeals, which shall be a court of record, known as the United States Court of Appeals for the circuit.
(b) Each court of appeals shall consist of the circuit judges of the circuit in regular active service. The circuit justice and justices or judges designated or assigned shall be competent to sit as judges of the court.
(June 25, 1948, ch. 646, 62 Stat. 870; Pub. L. 88–176, § 1(a), Nov. 13, 1963, 77 Stat. 331.)
heading: Historical and Revision Notes
text: Based on title 28, U.S.C., 1940 ed., § 212 (Mar. 3, 1911, ch. 231, § 117, 36 Stat. 1131).
The provision in section 212 of title 28, U.S.C., 1940 ed., for a three-judge court of appeals was permissive and did not limit the power of the court to sit in banc. Thus, subsection (b) reflects present status of law, namely, that court is composed of not only circuit judges of the circuit in active service, of whom there may be more than three, but the circuit justice or justices and judges who may be assigned or designated to the court. (See Textile Mills Securities Corporation v. Commissioner of Internal Revenue, 1942, 62 S.Ct. 272, 314 U.S. 326, 86 L.Ed. 249 and Reviser’s Notes under section 46 of this title.)
Words “with appellate jurisdiction, as hereinafter limited and established” were omitted as covered by section 1291 et seq. of this title, conferring appellate jurisdiction on the courts of appeals.
The term “court of appeals” was substituted in this section and throughout this title for the term “circuit court of appeals.”
Provision for a quorum of the court is now covered by section 46(d) of this title.
heading: Amendments
text: 1963—Subsec. (b). Pub. L. 88–176 inserted “regular” before “active service”.
heading: Change of Name of Court
text: Act June 25, 1948, ch. 646, § 2(b), 62 Stat. 985, provided in part that each circuit court of appeals should, after Sept. 1, 1948, be known as a United States Court of Appeals, but that the enactment of act June 25, 1948 should in no way entail any loss of rights, interruption of jurisdiction, or prejudice to matters pending in any such courts on Sept. 1, 1948.
28 U.S.C. § 47 (JUDICIARY AND JUDICIAL PROCEDURE)
§ 47. Disqualification of trial judge to hear appeal
No judge shall hear or determine an appeal from the decision of a case or issue tried by him.
(June 25, 1948, ch. 646, 62 Stat. 872.)
heading: Historical and Revision Notes
text: Based on title 28, U.S.C., 1940 ed., § 216, and District of Columbia Code, 1940 ed., § 11–205 (Feb. 9, 1893, ch. 74, § 6, 27 Stat. 435; July 30, 1894, ch. 172, § 2, 28 Stat. 161; Mar. 3, 1901, ch. 854, § 225, 31 Stat. 1225; Mar. 3, 1911, ch. 231, § 120, 36 Stat. 1132).
The provision in section 11–205 of the District of Columbia Code, 1940 ed., that a justice of the district court while on the bench of the Court of Appeals in the District of Columbia shall not sit in review of judgment, order, or decree rendered by him below, was consolidated with a similar provision of section 216 of title 28, U.S.C., 1940 ed. The consolidation simplifies the language without change of substance.
References in said section 11–205 to the power to prescribe rules, requisites of record on appeal, forms of bills of exception, and procedure on appeal, were omitted as covered by Rules 73, 75, 76, of the Federal Rules of Civil Procedure and by Rule 51 of the Federal Rules of Criminal Procedure.
Said section 11–205 contained a provision that on a divided opinion by the Court of Appeals for the District of Columbia the decision of the lower court should stand affirmed. This was omitted as unnecessary as merely expressing a well-established rule of law.
Other provisions of said section 11–205 are incorporated in section 48 of this title.
The provision of section 216 of title 28, U.S.C., 1940 ed., with respect to the competency of justices and judges to sit, was omitted as covered by section 43 of this title.
Specific reference in said section 216 to the Chief Justice of the United States was likewise omitted inasmuch as he sits as a circuit justice.
The provision of said section 216 with respect to assignment of district judges was omitted as covered by section 291 et seq. of this title.
Provision of said section 216 relating to presiding judge was omitted as covered by section 44 of this title.
28 U.S.C. § 82 (JUDICIARY AND JUDICIAL PROCEDURE)
§ 82. Arizona
Arizona constitutes one judicial district.
Court shall be held at Globe, Phoenix, Prescott, and Tucson.
(June 25, 1948, ch. 646, 62 Stat. 874.)
heading: Historical and Revision Notes
text: Based on title 28, U.S.C., 1940 ed., § 143 (June 20, 1910, ch. 310, § 31, 36 Stat. 576; Oct. 3, 1913, ch. 17, §§ 1, 2, 38 Stat. 203).
A provision for transfer of causes, civil or criminal, from one place for holding court to another was omitted. Such provision, as to civil cases, is covered by section 1404 of this title, and, as to criminal cases, is rendered unnecessary because of inherent power of the court and Rules 18–20 of the Federal Rules of Criminal Procedure, relating to venue.
A provision for making an interlocutory order at any place designated for holding court was omitted as unnecessary in view of Federal Rules of Civil Procedure, rule 77(b).
A provision requiring the clerk to keep his office at the State capital was omitted as covered by section 751 of this title.
Changes in arrangement and phraseology were made.
28 U.S.C. § 85 (JUDICIARY AND JUDICIAL PROCEDURE)
§ 85. Colorado
Colorado constitutes one judicial district.
Court shall be held at Boulder, Colorado Springs, Denver, Durango, Grand Junction, Montrose, Pueblo, and Sterling.
(June 25, 1948, ch. 646, 62 Stat. 875; Pub. L. 98–620, title IV, § 409, Nov. 8, 1984, 98 Stat. 3362; Pub. L. 108–455, § 5, Dec. 10, 2004, 118 Stat. 3629; Pub. L. 108–482, title III, § 301, Dec. 23, 2004, 118 Stat. 3918.)
heading: Historical and Revision Notes
text: Based on title 28, U.S.C., 1940 ed., § 146 (Mar. 3, 1911, ch. 231, § 73, 36 Stat. 1108; June 12, 1916, ch. 143, 39 Stat. 225; May 29, 1924, ch. 209, 43 Stat. 243).
A provision for furnishing rooms and accommodations at Sterling was omitted as obsolete upon advice from the Director of the Administrative Office of the United States Courts that Federal accommodations are now available.
A provision authorizing adjournment at Denver when there is not business for terms at other places, is incorporated in section 138 of this title.
Provisions as to clerk’s and marshal’s deputies and maintenance of offices were deleted as covered by sections 541 [see 561], 542 [see 561], and 751 of this title.
Changes in arrangement and phraseology were made.
heading: Amendments
text: 2004—Pub. L. 108–455 and 108–482 amended section identically, inserting “Colorado Springs,” after “Boulder,”.
1984—Pub. L. 98–620 provided for holding court at Boulder.
heading: Effective Date of 1984 Amendment
text: Pub. L. 98–620, title IV, § 411, Nov. 8, 1984, 98 Stat. 3362, provided that:
“(a) The amendments made by this subtitle [subtitle B (§§ 404–411) of title IV of Pub. L. 98–620, amending this section and sections 90, 93, 112, 124, and 126 of this title and enacting provisions set out as notes under sections 1, 90, 93, and 124 of this title] shall take effect on January 1, 1985.
“(b) The amendments made by this subtitle shall not affect the composition, or preclude the service, of any grand or petit jury summoned, impaneled, or actually serving on the effective date of this subtitle [Jan. 1, 1985].”
28 U.S.C. § 86 (JUDICIARY AND JUDICIAL PROCEDURE)
§ 86. Connecticut
Connecticut constitutes one judicial district.
Court shall be held at Bridgeport, Hartford, New Haven, New London, and Waterbury.
(June 25, 1948, ch. 646, 62 Stat. 875; Pub. L. 87–36, § 3(b), May 19, 1961, 75 Stat. 83; Pub. L. 89–558, Sept. 7, 1966, 80 Stat. 705.)
heading: Historical and Revision Notes
text: Based on title 28, U.S.C., 1940 ed., § 147 (Mar. 3, 1911, ch. 231, § 74, 36 Stat. 1108; Feb. 27, 1921, ch. 74, 41 Stat. 1146; June 15, 1933, ch. 80, 48 Stat. 148; Dec. 28, 1945, ch. 599, 59 Stat. 663).
Changes in arrangement and phraseology were made.
heading: Amendments
text: 1966—Pub. L. 89–558 provided for holding court at New London.
1961—Pub. L. 87–36 provided for holding court at Bridgeport and Waterbury.
28 U.S.C. § 87 (JUDICIARY AND JUDICIAL PROCEDURE)
§ 87. Delaware
Delaware constitutes one judicial district.
Court shall be held at Wilmington.
(June 25, 1948, ch. 646, 62 Stat. 875.)
heading: Historical and Revision Notes
text: Based on title 28, U.S.C., 1940 ed., § 148 (Mar. 3, 1911, ch. 231, § 75, 36 Stat. 1108).
Minor changes in phraseology were made.
28 U.S.C. § 88 (JUDICIARY AND JUDICIAL PROCEDURE)
§ 88. District of Columbia
The District of Columbia constitutes one judicial district.
Court shall be held at Washington.
(June 25, 1948, ch. 646, 62 Stat. 875.)
heading: Historical and Revision Notes
text: This section expressly makes the District of Columbia a judicial district of the United States.
Section 41 of this title also makes the District of Columbia a judicial circuit of the United States.
Section 11–305 of the District of Columbia Code, 1940 ed., provides that the District Court of the United States for the District of Columbia shall possess the same powers and exercise the same jurisdiction as the district courts of the United States, and shall be deemed a court of the United States.
It is consonant with the ruling of the Supreme Court in O’Donoghue v. United States, 1933, 53 S.Ct. 740, 289 U.S. 516, 77 L.Ed. 1356, that the (then called) Supreme Court and Court of Appeals of the District of Columbia are constitutional courts of the United States, ordained and established under article III of the Constitution, Congress enacted that the Court of Appeals “shall hereafter be known as the United States Court of Appeals for the District of Columbia” (Act of June 7, 1934, 48 Stat. 926); and also changed the name of the Supreme Court of the District of Columbia to “district court of the United States for the District of Columbia” (Act of June 25, 1936, 49 Stat. 1921). In Federal Trade Commission v. Klesner, 1927, 47 S.Ct. 557, 274 U.S. 145, 71 L.Ed. 972, the Supreme Court ruled: “* * * The parallelism between the Supreme Court of the District [of Columbia] and the Court of Appeals of the District [of Columbia], on the one hand, and the district courts of the United States and the circuit courts of appeals, on the other, in the consideration and disposition of cases involving what among the States would be regarded as within Federal jurisdiction, is complete.”
See also to the same effect Clairborne-Annapolis Ferry Company v. United States, 1932, 52 S.Ct. 440, 285 U.S. 382, 76 L.Ed. 808.
28 U.S.C. § 92 (JUDICIARY AND JUDICIAL PROCEDURE)
§ 92. Idaho
Idaho, exclusive of Yellowstone National Park, constitutes one judicial district.
Court shall be held at Boise, Coeur d’Alene, Moscow, and Pocatello.
(June 25, 1948, ch. 646, 62 Stat. 877; Pub. L. 91–272, § 5, June 2, 1970, 84 Stat. 297.)
heading: Historical and Revision Notes
text: Based on title 28, U.S.C., 1940 ed., § 151 (Mar. 3, 1911, ch. 231, § 78, 36 Stat. 1109; May 11, 1939, ch. 121, 53 Stat. 738).
All of Yellowstone National Park is included in the judicial district of Wyoming by section 131 of this title. Those parts of the park lying in Idaho are accordingly excluded from the judicial district of Idaho.
A provision as to the places for maintenance of the clerk’s offices, and requiring that they be open at all times, was omitted as covered by sections 452–751 of this title.
Changes in arrangement and phraseology were made.
heading: Amendments
text: 1970—Pub. L. 91–272 struck out provisions which had divided the judicial district of Idaho into a Northern Division, a Central Division, a Southern Division, and an Eastern Division.
28 U.S.C. § 96 (JUDICIARY AND JUDICIAL PROCEDURE)
§ 96. Kansas
Kansas constitutes one judicial district.
Court shall be held at Kansas City, Lawrence, Leavenworth, Salina, Topeka, Hutchinson, Wichita, Dodge City, and Fort Scott.
(June 25, 1948, ch. 646, 62 Stat. 880; Aug. 27, 1949, ch. 516, 63 Stat. 666; Pub. L. 99–554, title I, § 141, Oct. 27, 1986, 100 Stat. 3096.)
heading: Historical and Revision Notes
text: Based on title 28, U.S.C., 1940 ed., § 157 (Mar. 3, 1911, ch. 231, § 82, 36 Stat. 1112; Sept. 6, 1916, ch. 447, 39 Stat. 725; June 7, 1924, ch. 319, 43 Stat. 607; June 13, 1938, ch. 349, 52 Stat. 673).
Provisions as to the appointment and residence of deputy marshals and deputy clerks and maintenance of offices by them were omitted. See sections 541 [see 561], 542 [see 561], and 751 of this title.
A provision making inoperative the terms of the last paragraph of this section, whenever, upon the recommendation of the Attorney General, court accommodations should be provided in Federal buildings, was omitted as unnecessary. When such buildings become available the Director of the Administrative Office of the United States Courts will, under section 604 of this title, provide court accommodations therein.
The provision respecting court accommodations at Hutchinson was omitted as covered by section 142 of this title.
Changes in arrangement and phraseology were made.
heading: Amendments
text: 1986—Pub. L. 99–554 provided for holding court at Lawrence.
1949—Act Aug. 27, 1949, abolished the three divisions which constituted the judicial district, and added Dodge City as an additional place for holding court.
heading: Effective Date of 1986 Amendment
text: Amendment by Pub. L. 99–554 effective 30 days after Oct. 27, 1986, see section 302(a) of Pub. L. 99–554, set out as a note under section 581 of this title.
28 U.S.C. § 99 (JUDICIARY AND JUDICIAL PROCEDURE)
§ 99. Maine
Maine constitutes one judicial district.
Court shall be held at Bangor and Portland.
(June 25, 1948, ch. 646, 62 Stat. 881; Pub. L. 95–573, § 2, Nov. 2, 1978, 92 Stat. 2458.)
heading: Historical and Revision Notes
text: Based on title 28, U.S.C., 1940 ed., § 160 (Mar. 3, 1911, ch. 231, § 85, 36 Stat. 1114; Dec. 22, 1911, ch. 7, 37 Stat. 51; Sept. 8, 1916, ch. 475, §§ 1, 3, 39 Stat. 850; Mar. 4, 1923, ch. 279, 42 Stat. 1506).
Changes in arrangement and phraseology were made.
heading: Amendments
text: 1978—Pub. L. 95–573 struck out provision for two separate divisions, (1) the Northern Division comprising the counties of Aroostook, Hancock, Penobscot, Piscataquis, Somerset, Waldo, and Washington and (2) the Southern Division comprising the counties of Androscoggin, Cumberland, Franklin, Kennebec, Knox, Lincoln, Oxford, Sagadahoc, and York.
heading: Effective Date of 1978 Amendment
text: Amendment by Pub. L. 95–573 effective 180 days after Nov. 2, 1978, see section 6 of Pub. L. 95–573, set out as a note under section 93 of this title.
28 U.S.C. § 100 (JUDICIARY AND JUDICIAL PROCEDURE)
§ 100. Maryland
Maryland constitutes one judicial district comprising two divisions.
(1) The Northern Division comprises the counties of Allegany, Anne Arundel, Baltimore, Caroline, Carroll, Cecil, Dorchester, Frederick, Garrett, Harford, Howard, Kent, Queen Anne’s, Somerset, Talbot, Washington, Wicomico, and Worcester, and the City of Baltimore.
Court for the Northern Division shall be held at Baltimore, Cumberland, and Denton.
(2) The Southern Division comprises the counties of Calvert, Charles, Montgomery, Prince George’s, and St. Mary’s.
Court for the Southern Division shall be held at a suitable site in Montgomery or Prince George’s County not more than five miles from the boundary of Montgomery and Prince George’s Counties.
(June 25, 1948, ch. 646, 62 Stat. 882; Pub. L. 91–546, § 4, Dec. 14, 1970, 84 Stat. 1412; Pub. L. 100–487, § 1, Oct. 14, 1988, 102 Stat. 2431.)
heading: Historical and Revision Notes
text: Based on title 28, U.S.C., 1940 ed., § 166 (Mar. 3, 1911, ch. 231, § 86, 36 Stat. 1114; Mar. 3, 1925, ch. 422, 43 Stat. 1106).
Provisions relating to appointment of a deputy clerk and a deputy marshal and the maintenance of offices by such deputies were omitted as covered by sections 541 [see 561], 542 [see 561], and 751 of this title.
The provisions respecting court accommodations at Denton were omitted as covered by section 142 of this title.
Changes in arrangement and phraseology were made.
heading: Amendments
text: 1988—Pub. L. 100–702 amended section generally. Prior to amendment, section provided that Maryland constituted one judicial district and that court be held at Baltimore, Cumberland, Denton, and at a suitable site in Prince Georges County not more than five miles from the boundary of Montgomery and Prince Georges Counties.
1970—Pub. L. 91–546 added a suitable site in Prince Georges County not more than five miles from the boundary of Montgomery and Prince Georges Counties to the list of enumerated places for holding court in Maryland.
heading: Effective Date of 1988 Amendment
text: Pub. L. 100–487, § 2, Oct. 14, 1988, 102 Stat. 2431, provided that:
“(a) In General.—
This Act and the amendments made by this Act [amending this section] shall take effect 180 days after the date of the enactment of this Act [Oct. 14, 1988].
“(b) Pending Cases Not Affected.—
This Act and the amendments made by this Act shall not affect any action commenced before the effective date of this Act and pending in the United States District Court for the District of Maryland on such date.
“(c) Juries Not Affected.—
This Act and the amendments made by this Act shall not affect the composition, or preclude the service, of any grand or petit jury summoned, empaneled, or actually serving in the Judicial District of Maryland on the effective date of this Act.”