...versus Madison Sarah McClam MARBURY VERSUS MADISON In the weeks after John Adams lost his bid for re-election to Thomas Jefferson in 1800, the Federalist Congress increased the number of circuit courts. Adams placed Federalist judges in these new positions. One of the justices of the peace, William Marbury, filed a writ of mandamus demanding Secretary of State James Madison deliver the appointments. The Supreme Court led by John Marshall denied the request citing part of the Judiciary Act of 1789 as unconstitutional. This historic court case established the concept of Judicial Review or the ability of the Judiciary Branch to declare a law unconstitutional. This case brought the Judicial Branch of the government on a more even power basis with the Legislative and Executive Branches. The historic court case Marbury versus Madison accomplished this end thereby setting the precedent for numerous historic decisions in the future (Marbury verses Madison, 1803). On his last day in office, President John Adams named forty-two justices of the peace and sixteen new circuit court justices for the District of Columbia under the Organic Act. The Organic Act was an attempt by the Federalists to take control of the federal judiciary before Thomas Jefferson took office. The commissions were signed by President Adams and sealed by acting Secretary of State John Marshall (who later became Chief Justice of the Supreme Court and author of this opinion), but they were not delivered before the expiration...
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...Thomas Jefferson defeated the Federalist party of John Adams. In the final days of his presidency, Adams appointed several justices of peace for the District of Columbia whose commissions were approved by the Senate, signed by the president, and affixed with the official seal of the government. The commissions were not delivered by the Secretary of State, James Madison due to orders by President Jefferson. William Marbury, one of the appointees, petitioned the Supreme Court with a legal order, ordering Madison to show why he should not receive his commission. Chief Justice Marshall answered three questions:...
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...Anthony Pinkerton Assignment 3: The New Generation 1. In what ways was the "New Generation" of American leaders in the 1820s and 30s different from the previous generation? (online reading) During the New Generation, John Adams and Thomas Jefferson, two of our Founding Fathers, died within hours of each other. Regardless of these challenges, the country thrived as new political parties were established. In the election of 1824, each of the four presidential candidates, who claimed to be Democratic-Republican Party members, competed against each other. John Quincy Adams held strong relations which connected him to the commercial interests of the Northeast. Henry Clay ran for Western expansion despite his claims for resolving the slavery issues....
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...Same Sex Marriage Of all the groups in the U.S. today, I believe there is one that possibly has the hardest time getting their point across. They work hard, day in and day out trying to find ways to express their ideas but they cannot seem to get any more support and if nothing is done to change this, we may lose them forever. To try to find a way to save them, I have decided I will try to see things from their point of view and try to show just how logical their opinions can be. For my research paper, I challenged myself to write it about why same-sex marriage should not be legalized. After three days of research, I regret to inform you that, with the information I found, there is no logical reason whatsoever that same-sex couples should not be able to get married. I have tried so very hard to find a logical argument against it but I was not able to get any reasons against it. Before I started my research, I thought of a few reasons I thought I could go further with but when I tried to make them work, I could only find arguments against them. The reasons I thought same-sex marriage should not be legalized are because a majority of people voted against it, there would be less procreation, and it would complicate laws by redefining marriage. For years, the issue of same-sex marriage has been a flashpoint issue in the United States. It has been a competing legislation, lawsuits, and ballot initiatives in attempting either to legalize or ban the practice. Nearly seventy...
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...establish it yourself by demanding what belongs to them. However using power in order to concede civil rights was a struggle which was acknowledged by Fredrick Douglass “Without struggle there is no success”. To achieve advancement in African American Civil Rights, African Americans had to undergo a process of struggle. A rainbow is not made without rain; you can not want rain without thunder and lightening being accompanied by it. To achieve full civil rights African Americans had to pay the price along the way which was persecution, de-humanisation and scrutiny. Martin Luther King being inspired by Fredrick Douglass said “Freedom is never voluntarily given by the oppressor it must be demanded by the oppressed”. Martin Luther King certainly did demand as he wrote this from a Birmingham prison in a letter. If you are being enslaved it is the choice of the slave master to decide when to let you free, if freedom is a priority to the slave it is then their own responsibility to demand to be freed. This is the same with...
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...is the best explanation of why most American Indian reservations are in the West today? b. European settlers and the U.S. government pushed Indian tribes westward. 4. Ch01-004-p006 Enlightenment thinkers argued that the world could be improved through b. human reason, science, and religious toleration. 5. Ch01-005-p007 The House of Burgesses was c. the first representative assembly in North America. 6. Ch01-006-p008 A social contract theory of government was proposed by d. Locke and Hobbes. 7. Ch01-007-p009 Locke's Second Treatise on Civil Government sets out a theory of e. natural rights. 8. Ch01-008-p010 Congress's authority to check the president's judicial appointment power is a concept that can be attributed largely to the ideas of d. Charles-Louis, the Second Baron of Montesquieu. 9. Ch01-009-p010 Why was indirect democracy a necessary alternative to direct democracy? b. It became increasingly difficult to bring all the colonists together in the decision-making process. 10. Ch01-010-p010 Aristotle attempted to devise a way to classify governments. Critical to his analyses was knowledge of d. whom citizens were ruled by and in whose interest. 11. Ch01-011-p011 In an oligarchy, rule is by b. the few. 12. Ch01-012-p011 American political culture embodies many key concepts including I. absolute personal liberty. II. political equality. III. majority rule. IV. individualism. e...
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...THE EXCLUSIONARY RULE Geoff Moore LSTD503 CRIMINAL JUSTICE PROCESS The Exclusionary Rule In 1763, William Pitt spoke in front of Parliament. In that speech he stated that the King of England cannot enter with all his forces. It can be said that the American colonists went to war, the Revolutionary War, with England to stand up for their rights. One of those rights was the protection from illegal searches and seizures. When the Congress debated on the wording of the Fourth Amendment, they had an extreme importance of needed protection from government encroachment. The Fourth Amendment to the United States Constitution was designed and written specifically to protect citizens from illegal searches and seizures: “The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no Warrants shall issue, but upon probable cause, supported by Oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized.” [1] The exclusionary rule excludes evidence that was collected from an illegal search from being presented to convict someone of a crime. It is asserted to reject illegitimate police behavior by not allowing unlawfully seized evidence from being allowed in court. [2] When defense lawyers use the exclusionary rule, properly, it consistently damaging the district attorney’s case. This is why the officers are constantly being...
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...that had managed to free themselves from their chains. They found a knife in the hold and they used it to take command of the ship and murdered the captain. http://www.hlla.com/reference/lawinamerica.html B: The fifty-three Africans were arrested on charges of murder and piracy, and they were taken and held in the county jail in New Haven, Connecticut. http://www.hlla.com/reference/lawinamerica.html C: The judge stated that the United States did not have jurisdiction over the murder and piracy charges because the offenses occurred in a Spanish ship, sailing in Spanish waters. They only gave this ruling because the Africans didn’t speak English. Once the Africans found an interpreter and told their horrific story to the judge. After that, the judge ruled that the Amistad Africans were "born free and ever since have been and still of right are free and not slaves." The United States attorney filed an immediate appeal, and the case of the Amistad was destined for the United States Supreme Court. http://www.hlla.com/reference/lawinamerica.html Charles Manson Trial A: With the Charles Manson Trails, there were the four defendants of Charles Manson, Patricia Krenwinkel ("Katie"), Leslie Van Houten and Susan Atkins (aka Sadie Mae Glutz) http://www.law.umkc.edu/faculty/projects/ftrials/manson/mansondefendants.html B: Charles Manson, Patricia Krenwinkel ("Katie"), Leslie Van Houten and Susan Atkins (aka Sadie Mae Glutz) were all charged...
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...defense of the state. Academic inquiry into the purpose, scope, and effect of the amendment has been controversial and subject to numerous interpretations both by constitutional scholars and ordinary citizens. America has a long history of its citizens keeping and bearing arms. The earliest settlers from Virginia thru New England used their firearms to hunt for game to feed their families and protect them from attack from both two and four legged predators. Firearms in essence, changed the culture of guns in the Americas. Gun control is another of those pesky freedoms granted by the countries forefathers in the attempt to protect the citizenry from a tyrannical ruling government. Our founding fathers have provided many quotes regarding why they adopted the Second Amendment Here are but a few of them: (Guncite.Com) "A free people ought to be armed." - George Washington "Those who would give up essential liberty to purchase a little temporary safety, deserve neither liberty nor safety." - Benjamin Franklin "No free man shall ever be debarred the use of arms." - Thomas Jefferson "I prefer dangerous freedom over peaceful slavery." - Thomas Jefferson "The laws that forbid the carrying of arms are laws of such a nature. They disarm only those who are...
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...University of Phoenix Material Influences on the Constitution Table Complete each section below. Include citations for your sources. |Documents |Summary |What was its influence on the Constitution? | |Magna Carta |Magna Carta is a document that King John of England was forced |Magna Carta served to lay the foundation for the evolution of parliamentary clause | | |into signing. The document was a succession of written promises|of the United States Constitution and enforced by the Supreme Court. | | |made between the king and his subjects that he would govern | | | |England and its people in accordance with the customs of feudal| | | |law. ("History Learning Site ", 2000-2013). | | |Mayflower Compact |Mayflower Compact is one if the first governing document of |The Mayflower Compact called for equality amongst people and...
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...Summary What was its influence on the Constitution? Magna Carta Magna Carta, also called Magna Carta Libertatum or The Great Charter of the Liberties of England, is an English charter, originally issued in Latin in the year 1215, translated into vernacular-French as early as 1219,[1] and reissued later in the 13th century in changed versions. The later versions excluded the most direct challenges to the monarch's authority that had been present in the 1215 charter. The charter first passed into law in 1225; the 1297 version, with the long title (originally in Latin) "The Great Charter of the Liberties of England, and of the Liberties of the Forest," still remains on the statute books of England and Wales. The 1215 charter required King John of England to proclaim certain liberties, and accept that his will was not arbitrary, for example by explicitly accepting that no "freeman" (in the sense of non-serf) could be punished except through the law of the land, a right which is still in existence today. Magna Carta was the principal document forced onto an English King by a group of his matters, the feudal barons, in an effort to limit his powers by law and protect their privileges. It was followed and directly influenced by the Charter of Liberties in 1100, in which King Henry I had specified particular areas wherein his powers have a limit. The influence of Magna Carta can be clearly seen in the United States Bill of Rights, which enumerates various rights of the people...
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...Law and Politics 9/2/15 Office hours 10-11 Monday and Wednesday Hickman 411 What is law- set of rules made by government and enforced by government 4 Institutions that make Laws 1. Legislative Bodies (Ex. Congress, State Legislators, City council) Statutory Law 2. Courts/Judges- Set precedent by ruling: Common Law 3. Executive Branch: bureaucracy/administrative agency Administrative Law 4. Constitutional Law 9/4/15 Constitutional law-makes rules for govt Has gone largely unchanged Blueprint Creates and limits govt Fundamental law that sets up rules for how other kinds of laws can be made What isn’t in the Constitution? Democracy Separation of church and state Right to privacy Right to education One-person one vote Political parties God Articles of Confederation -1777 Loose association States retain sovereignty One house Congress Every state one vote Needed 9 to pass Couldn’t tax Problems Congress little power No taxes State sovereignty Own paper money States could sign foreign treaties No natl army No executive No national courts Shays Rebellion Final spark for constitutional convention Constitutional Convention Philly 1787 Signed in Sept 39 out of 55 delegates Undemocratic Elements Slavery: 3/5ths compromise, no ban on slave trade till 1808 Fugitive Slave clause article IV, fed govt helps slates put down insurrections Senators chosen by state legislators No right to suffrage. Qualifications left...
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...LECTURE ST. THOMAS UNIVERSITY SCHOOL OF LAW FALL 2012 DISTINGUISHED SPEAKER SERIES WHAT MUST WE HIDE: THE ETHICS OF PRIVACY AND THE ETHOS OF DISCLOSURE ANITA L. ALLEN' I. INTRODUCTION We live in an era of persotial revelation. We are preoccupied by seeking, gathering, and disclosing information about others and ourselves. In the age of revelation, individuals and enterprises are fond of ferreting out what is btiried away. We are fond of broadcasting what we know, think, do, and feel; and we are motivated by business and pleasure because we care about friendship, kinship, health, wealth, education, politics, justice, and culture. A lot of this has to do with technology, of course. We live at a historical moment characterized by the wide availability of multiple modes of communication and stored data, easily and frequently accessed. Our communications are capable of disclosing breadths and depths of personal, personally identifiable, and sensitive information to many people rapidly. In this era of revelation—dominated by portable electronics, intemet social media, reality television, and traditional talk radio—^many of us are losing our sense of privacy, our taste for privacy, and our willingness to respect privacy. Is this set of losses a bad thing? If it is a bad thing, what can be done about it? My refiections on these questions begin with a series of diverse examples from the past several years. The examples illustrate the emergent ethos of our revelatory era. The first...
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...melding, led to the execution of Socrates, for his disrespect for the gods( in Biblical times, like kings of Israel were anointed by Priests, as a sign of God’s approval. This is why separation of church and state is bad for America. For centuries, Monarchs ruled by the idea of divine right. This later metamorphosed into monarchs ruling over church’s administration in a way. There was this catholic doctrine that the Pope, as Vicar of Christ on earth, should have authority over the church on earth and indirectly over the state. This led to claims in the middle ages that the pope has authority to depose Catholic kings and they did try to exercise this authority. Thus in the medieval times in western world, monarch who ruled in secular world tend to encroach on the church’s rule of the spiritual sphere. This led to power struggles and crises. In the 1530s, Henry VIII, rejected the annulment of his marriage with Catherine of Aragon by the Pope. He consequently, formed the Church of England (Anglican Church) and set himself as the ruler of the new church, thus ending the separation that had existed between the church and the state of England. From that period on, the Monarchs of Great Britain have retained ecclesiastic authority in the Church of England with the title Supreme Governor of the Church of England. This eventually led to anti- Catholicism and others who were against The church of England, subsequently religious persecution. One of the results...
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...Precedent John O. McGinnis Northwestern University – School of Law Michael B. Rappaport University of San Diego – School of Law Northwestern University Law Review, Vol. 103, No. 2, 2009 Copyright 2009 by Northwestern University School of Law Northwestern University Law Review Printed in U.S.A. Vol. 103, No. 2 RECONCILING ORIGINALISM AND PRECEDENT John O. McGinnis∗ & Michael B. Rappaport** INTRODUCTION ....................................................................................................................... 1 I. PRECEDENT, ORIGINALISM, AND THE CONSTITUTION ................................................... 4 A. B. C. II. A. B. C. D. E. F. The Supposed Conflict Between Originalism and Precedent ............................ 5 A Short History of Precedent ............................................................................... 7 The Consistency of Originalism and Precedent ............................................... 21 The Supermajoritarian Theory of Constitutional Originalism........................ 28 The Relative Benefits of Original Meaning and Precedent ............................. 29 Precedent Rules .................................................................................................. 34 Factors Relevant to Beneficial Precedent Rules .............................................. 41 The Contrast with Other Approaches to Precedent ......................................... 44 Applying the Approach to Previous Supreme Court Overruling...
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