Also known as: jurisdictional fact doctrine · constitutional fact doctrine · jurisdictional facts · constitutional facts · jurisdictional fact · constitutional fact
Written by attorneys · grounded in primary & secondary sources — see below
Doctrines permitting independent judicial review of facts essential to an agency's lawful exercise of power or necessary to assess the constitutionality of its action.
Gabriel, a civilian contractor, faced charges before a military commission created by executive order. The commission relied solely on classified summaries from anonymous sources without any hearing to determine whether Gabriel qualified as an unlawful belligerent. Because no jurisdictional facts were established through adequate process, the commission could not proceed against him.
Curtis, a U.S. citizen seized at a domestic airport, was detained as an enemy combatant on a classified tip. The executive provided only briefings to legislators and no opportunity for Curtis to contest the factual basis of his status before a neutral decisionmaker. The absence of process on the constitutional facts of his detention required independent judicial review.
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Jacqueline Juarez challenged an agency compensation order after the deputy commissioner found she was an employee injured on navigable waters. The court reviewed the underlying facts de novo because they determined whether the agency possessed statutory authority to issue the award at all.
Juarez Holdings was indicted for exporting arms in violation of a presidential proclamation. The company contested whether the facts placed the transaction within the constitutional scope of executive foreign-affairs power. Independent judicial determination of those constitutional facts was required before liability could attach.
Jurisdictional facts are those essential to an agency's lawful exercise of power. Courts therefore review them independently rather than deferring to agency findings.
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The doctrine remains relevant in cases involving personal rights as opposed to property rights, allowing courts to determine independently the facts necessary to assess constitutionality of agency action.
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A commission created by executive order may proceed only if its procedures comply with the Constitution, federal law, and the laws of war, including adequate establishment of jurisdictional facts and defense access to evidence.
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A U.S. citizen detained as an enemy combatant is entitled to a meaningful opportunity to contest the factual basis of detention before a neutral decisionmaker, even when military exigencies permit some tailoring of procedures.
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…instant case. The Congress has not expressly provided that the determinations by the deputy commissioner of the fundamental or jurisdictional facts as to the locality of the injury and the existence of the relation of master and servant shall be final. The finality of such determinations of the deputy commissioner is predicated…