opriate measures for carrying
into effect some or all of the foregoing powers.
POWER TO CHARTER CORPORATIONS
In addition to the creation of banks, Congress has been held to have
authority to charter a railroad corporation,[1416] or a corporation to
construct an interstate bridge,[1417] as instrumentalities for promoting
commerce among the States, and to create corporations to manufacture
aircraft[1418] or merchant vessels[1419] as incidental to the war power.
COURTS AND JUDICIAL PROCEEDINGS
Inasmuch as the Constitution "delineated only the great outlines of the
judicial power * * *, leaving the details to Congress, * * * The
distribution and appropriate exercise of the judicial power must * * *
be made by laws passed by Congress, * * *"[1420] As a necessary and
proper provision for the exercise of the jurisdiction conferred by
article III, section 2 Congress may direct the removal from a State to a
federal court of a criminal prosecution against a federal officer for
acts done under color of federal law,[1421] and may authorize the
removal before trial of civil cases arising under the laws of the United
States.[1422] It may prescribe the effect to be given to judicial
proceedings of the federal courts,[1423] and may make all laws necessary
for carrying into execution the judgments of federal courts.[1424] When
a territory is admitted as a State, Congress may designate the Court to
which the records of the territorial courts shall be transferred, and
may prescribe the mode for enforcement and review of judgments rendered
by those courts.[1425] In the exercise of other powers conferred by the
Constitution, apart from article III, Congress may create legislative
courts and "clothe them with functions deemed essential or helpful in
carrying those powers into execution."[1426]
SPECIAL ACTS CONCERNING CLAIMS
This clause enables Congress to pass special laws to require other
departments of the Government to prosecute or adjudicate particular
claims, whether asserted by the Government itself or by private persons.
In 1924,[1427] Congress adopted a Joint Resolution directing the
President to cause suit to be instituted for the cancellation of certain
oil leases alleged to have been obtained from the Government by fraud,
and to prosecute such other actions and proceedings, civil and criminal,
as were warranted by the facts. This resolution also authorized the
appointment of special counsel to have charge of such
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