In the case of James C. Converse, Administrator of Philip Greely, Deceased v. The United States, the Supreme Court was asked to decide whether a federal court had jurisdiction over an action brought by a non-resident plaintiff against the United States for damages arising from negligence in failing to provide medical care and treatment for an injured soldier at a military hospital. At issue was whether Congress had granted such authority under its power “to make all laws which shall be necessary and proper” for carrying into execution powers vested by the Constitution in any department or officer thereof. The Court held that it did not have jurisdiction because there was no express grant of authority from Congress authorizing such actions against the government; therefore, it could not exercise judicial review over this matter as it would violate separation of powers principles established by Article III of the U.S Constitution.

In the case of James C. Converse, Administrator of Philip Greely, Deceased v. The United States, the dissenting opinion was that Congress had no authority to pass a law allowing for an appeal in this particular case due to its lack of jurisdiction over private property rights and contracts between individuals. Justice Grier argued that it would be unconstitutional for Congress to interfere with such matters as they are within the purview of state courts and not federal ones. He further stated that if Congress were allowed to do so then it could potentially infringe upon individual liberties by passing laws which could override decisions made by state courts on issues related to private property rights or contracts between individuals without any legal basis or justification whatsoever. In conclusion, he argued against allowing appeals in cases like these because doing so would violate both constitutional principles and established judicial precedent regarding states' right's when dealing with matters concerning private property rights and contractual obligations between citizens.