1.
Supreme Court of the United States
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The Supreme Court of the United States is the highest federal court of the United States. In the legal system of the United States, the Supreme Court is the interpreter of federal constitutional law. The Court normally consists of the Chief Justice of the United States and eight justices who are nominated by the President. Once appointed, justices have life tenure unless they resign, retire, in modern discourse, the justices are often categorized as having conservative, moderate, or liberal philosophies of law and of judicial interpretation. Each justice has one vote, and while many cases are decided unanimously, the Court meets in the United States Supreme Court Building in Washington, D. C. The Supreme Court is sometimes referred to as SCOTUS, in analogy to other acronyms such as POTUS. The ratification of the United States Constitution established the Supreme Court in 1789 and its powers are detailed in Article Three of the Constitution. The Supreme Court is the court specifically established by the Constitution. The Court first convened on February 2,1790, by which five of its six initial positions had been filled. According to historian Fergus Bordewich, in its first session, he Supreme Court convened for the first time at the Royal Exchange Building on Broad Street and they had no cases to consider. After a week of inactivity, they adjourned until September, the sixth member was not confirmed until May 12,1790. Because the full Court had only six members, every decision that it made by a majority was made by two-thirds. However, Congress has always allowed less than the Courts full membership to make decisions, under Chief Justices Jay, Rutledge, and Ellsworth, the Court heard few cases, its first decision was West v. Barnes, a case involving a procedural issue. The Courts power and prestige grew substantially during the Marshall Court, the Marshall Court also ended the practice of each justice issuing his opinion seriatim, a remnant of British tradition, and instead issuing a single majority opinion. Also during Marshalls tenure, although beyond the Courts control, the impeachment, the Taney Court made several important rulings, such as Sheldon v. Nevertheless, it is primarily remembered for its ruling in Dred Scott v. Sandford, which helped precipitate the Civil War. In the Reconstruction era, the Chase, Waite, and Fuller Courts interpreted the new Civil War amendments to the Constitution, during World War II, the Court continued to favor government power, upholding the internment of Japanese citizens and the mandatory pledge of allegiance. Nevertheless, Gobitis was soon repudiated, and the Steel Seizure Case restricted the pro-government trend, the Warren Court dramatically expanded the force of Constitutional civil liberties. It held that segregation in public schools violates equal protection and that traditional legislative district boundaries violated the right to vote
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United States Reports
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The United States Reports are the official record of the rulings, orders, case tables, and other proceedings of the Supreme Court of the United States. Opinions of the court in each case, prepended with a prepared by the Reporter of Decisions. For lawyers, citations to United States Reports are the reference for Supreme Court decisions. Following Bluebook, a commonly accepted citation protocol, the case Brown, et al. v. Board of Education of Topeka, Kansas, for example, would be cited as, Brown v. Bd. of Educ. The early volumes of the United States Reports were originally published privately by the individual Supreme Court Reporters, as was the practice in England, the reports were designated by the names of the reporters who compiled them, Dallass Reports, Cranchs Reports, etc. The decisions appearing in the entire first volume and most of the volume of United States Reports are not decisions of the United States Supreme Court. Instead, they are decisions from various Pennsylvania courts, dating from the colonial period, alexander Dallas, a lawyer and journalist, of Philadelphia, Pennsylvania, had been in the business of reporting these cases for newspapers and periodicals. He subsequently began compiling his case reports in a bound volume and this would come to be known as the first volume of Dallas Reports. Dallas continued to collect and publish Pennsylvania decisions in a volume of his Reports. When the Supreme Court began hearing cases, he added those cases to his reports, starting towards the end of the volume,2 Dallas Reports. Dallas went on to publish a total of four volumes of decisions during his tenure as Reporter, when the Supreme Court moved to Washington, D. C. in 1800, Dallas remained in Philadelphia, and William Cranch took over as unofficial reporter of decisions. In 1817, Congress made the Reporter of Decisions an official, salaried position, in 1874, the U. S. government began to fund the reports publication, creating the United States Reports. The earlier, private reports were retroactively numbered volumes 1–90 of the United States Reports, therefore, decisions appearing in these early reports have dual citation forms, one for the volume number of the United States Reports, and one for the set of nominate reports. For example, the citation to McCulloch v. Maryland is 17 U. S.316
3.
Morrison Waite
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Morrison Remick Mott Waite was an attorney and politician in Ohio. He served as the seventh Chief Justice of the United States from 1874 to his death in 1888, Morrison Remick Waite was born in 1816 at Lyme, Connecticut, the son of Henry Matson Waite, an attorney, and his wife Maria Selden. Morrison had a brother Richard, with whom he practiced law. Waite attended Bacon Academy in Colchester, Connecticut, where one of his classmates was Lyman Trumbull and he graduated from Yale University in 1837 in a class with Samuel J. Tilden, who later was the 1876 Democratic presidential nominee. As a student at Yale, Waite became a member of the Skull and Bones, soon afterward Waite moved to Maumee, Ohio, where he studied law as an apprentice in the office of Samuel L. Young. He was admitted to the bar in 1839, and went into practice with his mentor and he was elected to one term as mayor of Maumee. He married Amelia Champlin Warner on September 21,1840 in Hartford and they had three sons together, Henry Seldon, Christopher Champlin, and Edward Tinker, and a daughter Mary Frances Waite. In 1850, Waite and his moved to Toledo, where he set up a branch office of his law firm with Young. He soon came to be recognized as a leader of the state bar, when Young retired in 1856, Waite built a prosperous new firm with his brother Richard Waite. An active member of the Whig Party, Waite was elected to a term in the Ohio Senate in 1849–1850 and he made two unsuccessful bids for the United States Senate, and was offered a seat on the Ohio Supreme Court. In the mid-1850s, because of his opposition to slavery, Waite joined the fledgling Republican Party, in 1871, Waite received a surprise invitation to represent the United States as counsel before the Alabama Tribunal at Geneva. In his first national role, he gained acclaim when he won a $15 million award from the tribunal, in 1872, he was selected to preside over the Ohio 1873 constitutional convention. President Ulysses S. Grant nominated Waite as Chief Justice on January 19,1874, Chief Justice Salmon P. Chase died in May 1873, and Grant waited six months before first offering the seat in November to the powerful Senator Roscoe Conkling of New York, who declined. He finally submitted his nomination of Attorney General George H. Williams to the Senate on December 1, a month later, however, Grant withdrew the nomination, at Williams request, after charges of corruption made his confirmation all but certain to fail. Finally, after persistent lobbying from Ohioans, including Interior Secretary Columbus Delano, on January 19,1874 and he was notified of his nomination by a telegram. The nomination was not well received in political circles, Waite took the oaths of office on March 4,1874. Chief Justice Waite never became a significant intellectual force on the Supreme Court, but his managerial and social skill, especially his good humor and sensitivity to others, helped him to maintain a remarkably harmonious and productive court. During Waites tenure, the Court decided some 3,470 cases, in part, the large number of cases decided and the variety of issues confronted reflected the lack of discretion the Court had at the time in hearing appeals from lower federal and state courts
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Samuel Freeman Miller
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Samuel Freeman Miller was an associate justice of the United States Supreme Court who served from 1862 to 1890. He was a physician and lawyer, born in Richmond, Kentucky, Miller was the son of yeoman farmers. He earned a degree in 1838 from Transylvania University in Lexington. While practicing medicine for a decade, he studied the law on his own and was admitted to the bar in 1847, favoring the abolition of slavery, which was prevalent in Kentucky, he supported the Whigs in Kentucky. Miller moved to Keokuk, in Iowa, a more amenable to his views on slavery. Active in Hawkeye politics, he supported Abraham Lincoln in the 1860 election, Lincoln nominated Miller to the Supreme Court on July 16,1862, after the beginning of the American Civil War. His reputation was so high that Miller was confirmed half an hour after the Senate received notice of his nomination and his opinions strongly favored Lincolns positions, and he upheld his wartime suspension of habeas corpus and trials by military commission. After the war, his reading of the Fourteenth Amendment—he wrote the opinion in the Slaughterhouse Cases—limited the effectiveness of the amendment. In Ex Parte Yarbrough,110 U. S.651, however, Miller held that the government had broad authority to act to protect black voters from violence by the Ku Klux Klan. Miller also supported the use of federal power under the Commerce Clause to trump state regulations. Justice Miller wrote more opinions than any other Supreme Court Justice, after the 1876 presidential election between Rutherford Hayes and Samuel Tilden, Miller served on the electoral commission that awarded the disputed electoral votes to the Republican Hayes. In the 1880s, his name was floated as a Republican candidate for president, Miller, a religious liberal, belonged to the Unitarian Church and served as President of the Unitarians National Conference. Following his death, his funeral was held at Keokuks First Unitarian Church and he died in Washington, D. C. while still a member of the court. He is buried at Oakland Cemetery in Keokuk, Iowa, the Slaughter-House Cases,83 U. S.36 Murdock v. Memphis,87 U. S.20 Wall. 590590 United States v. Kagama,118 U. S.375 In re Burrus,136 U. S.586 Justice Samuel Freeman Miller House, listed on the National Register of Historic Places in Iowa Ross, Michael A. Hill Country Doctor, The Early Life and Career of Supreme Court Justice Samuel F. Miller in Kentucky, 1816-1849, The Filson History Quarterly, Vol.71, 430–446. Ross, Michael A. Justice of Shattered Dreams, Samuel Freeman Miller, baton Rouge, Louisiana State University Press. Justice Millers Reconstruction, The Slaughter-House Cases, Health Codes, and Civil Rights in New Orleans, 1861-1873
5.
Stephen Johnson Field
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Stephen Johnson Field was an American jurist. He was an Associate Justice of the United States Supreme Court from March 10,1863, prior to this appointment, he was the fifth Chief Justice of California. Born in Haddam, Connecticut, he was the sixth of the nine children of David Dudley Field I, a Congregationalist minister, henry Martyn Field a prominent clergyman and travel writer. He grew up in Stockbridge, Massachusetts, and went to Turkey at thirteen with his sister Emilia and her missionary husband and he received a BA from Williams College, Williamstown, Massachusetts, in 1837. While attending Williams College he was one of the original Founders of Delta Upsilon Fraternity, in California, Fields legal practice boomed and he was elected alcalde, a form of mayor and justice of the peace under the old Mexican rule of law, of Marysville. The voters sent him to the California State Assembly in 1850 to represent Yuba County and his successful legal practice led to his election to the California Supreme Court in 1857, serving six years. During his time on the Supreme Court of California, Field had a coat made with pockets large enough to hold two pistols so that he could shoot at his various enemies through the pockets. In 1858 he was challenged to a duel by a fellow Judge but at the dueling ground, neither man fired his gun. In 1859 Field replaced the chief justice of the California Supreme Court, David S. Terry because Judge Terry killed a United States Senator from California in a duel. Oddly, Field and Terrys paths crossed again 30 years later when Field, acting in his capacity as a judge of the 9th Federal Circuit Court, ruled against Terry in a convoluted divorce case. Seeking revenge, Terry attempted to kill Field in 1889 near Stockton, California but was shot dead by Justice Fields bodyguard. Ironically, legal issues arising from the killing of Mr. Terry came before the Supreme Court in the 1890 habeas corpus case of In re Neagle. On March 6,1863, Abraham Lincoln appointed Field to the newly created tenth Supreme Court seat, the appointment would also give the Court someone familiar with real estate and mining issues. Field was confirmed by the United States Senate on March 10,1863, Fields vocal advocacy of substantive due process was illustrated in his dissents to the Slaughterhouse Cases and Munn v. Illinois. In the Slaughter-House Cases, Justice Fields dissent focused on the Privileges or Immunities clause, in both Munn v Illinois and Mugler v Kansas, Justice Field based his dissent on the protection of property interests by the Due Process clause. One of Fields most notable opinions was his majority opinion in Pennoyer v. Neff and his views on due process were eventually adopted by the courts majority after he left the Supreme Court. In other cases he helped end the tax, limited antitrust law. On racial issues, Justice Field is regarded to have had a poor record
6.
Joseph P. Bradley
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Joseph Philo Bradley was an American jurist best known for his service on the United States Supreme Court, and on the Electoral Commission that decided the disputed 1876 presidential election. The son of Philo Bradley and Mercy Gardner Bradley, Bradley was born to humble beginnings in Berne, New York and he attended local schools and began teaching at the age of 16. In 1833, the Dutch Reformed Church of Berne advanced young Joseph Bradley $250 to study for the ministry at Rutgers University, while at Rutgers, he decided to study law instead, graduating in 1836. After graduation, he was made Principal of the Millstone Academy, not long afterward, he was persuaded by his Rutgers classmate Frederick T. Frelinghuysen to join him in Newark and pursue legal studies at the Office of the Collector of the Port of Newark. He was admitted to the bar in 1839, Bradley began in private practice in New Jersey, specializing in patent and railroad law, and he became very prominent in these fields and quite wealthy. Bradley remained dedicated to self-study throughout his life and collected an extensive library and he married Mary Hornblower in Newark in 1844. As a commercial litigator, Bradley argued many cases before various federal courts, Bradley was nominated on February 7 and was confirmed by the Senate on March 21, taking his seat on the court as an Associate Justice that same day. On moving to Washington, Bradley purchased the home that had belonged to Stephen A. Douglas. Bradley remained on the bench until 1891, when he became greatly weakened by disease and he took his seat on the bench in October of that year, but was forced to retire a few weeks later by failing health. He died a few months later, Bradley took a broad view of the national governments powers under the Commerce Clause but interpreted the Fourteenth Amendment somewhat narrowly, as did much of the rest of the court at the time. He authored the majority opinion in the Civil Rights Cases of 1883 but was among the four dissenters in the Slaughter-House Cases in 1873 and his interpretation of the Fourteenth Amendment in both cases remained the basis for subsequent rulings through the modern era. This is the law of the Creator and this resulted in the federal governments bringing the case on appeal to the Supreme Court as United States v. Cruikshank. The courts ruling on this case meant that the government would not intervene on paramilitary. Bradley dissented in Chicago, Milwaukee & St. Paul Railroad v. Minnesota, bradleys opinion in this case is echoed in modern arguments regarding judicial activism. Bradley also wrote the opinion in Hans v. Louisiana, holding that a state could not be sued in a court by one of its own citizens. As an individual Supreme Court Justice, Bradley decided In re Guiteau, a petition for habeas corpus filed on behalf of Charles Guiteau, the assassin of President James A. Garfield. Guiteaus lawyers argued that he had been tried in the District of Columbia because, although Guiteau shot Garfield in Washington. Bradley denied the petition in an opinion and Guiteau was executed
7.
John Marshall Harlan
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John Marshall Harlan was an American lawyer and politician from Kentucky who served as an associate justice on the U. S. Supreme Court. Harlan was born at Harlans Station,5 miles west of Danville, Kentucky on Salt River Road and he attended school in Frankfort and then graduated from Centre College. Harlan entered Kentucky politics in 1851, and served a variety of positions, most notably Attorney General of Kentucky, when the American Civil War broke out, Harlan strongly supported the Union, although he opposed the Emancipation Proclamation and supported slavery. However, after the election of Ulysses S. Grant as President in 1868, he reversed his views, in 1877, Harlan was appointed a member of the Supreme Court. A Christian fundamentalist, Harlans Christian beliefs strongly shaped his views during his tenure as Supreme Court justice and these dissents, among others, led to his nickname of The Great Dissenter. Harlan died in 1911, at the age of 78, John had several older brothers, possibly including a mulatto half-brother, Robert James Harlan, born in 1816 into slavery. His father raised him in his own household and had the boy tutored by Richard and James Harlan, According to historian Allyson Hobbs, Robert became highly successful, making a fortune in the California Gold Rush before returning east and settling in Cincinnati, Ohio. He remained close to the other Harlans, she suggests this might have influenced his half-brother John Marshall Harlan, after attending school in Frankfort, John Harlan enrolled at Centre College. He was a member of Beta Theta Pi and graduated with honors, though his mother wanted Harlan to become a merchant, James insisted that his son follow him into the legal profession, and Harlan joined his fathers law practice in 1852. Harlan finished his education in his fathers law office. A member of the Whig Party like his father, Harlan got a start in politics. He served in the post for the eight years, which gave him a statewide presence. With the Whig Partys dissolution in the early 1850s, Harlan shifted his affiliation to the Know Nothings, during the 1860 presidential election, Harlan supported the Constitutional Union candidate, John Bell. In the secession crisis that followed Abraham Lincolns victory, Harlan sought to prevent Kentucky from seceding. When the state voted to create a new militia, Harlan organized and led a company of zouaves before recruiting a company that was mustered into the service as the 10th Kentucky Infantry. Harlan served in the Western Theater of the American Civil War until the death of his father James in February 1863, at that time, Harlan resigned his commission as colonel and returned to Frankfort to support his family. Three weeks after leaving the army, Harlan was nominated by the Union Party as their nominee to become the Attorney General of Kentucky, campaigning on a platform of vigorous prosecution of the war, he won the election by a considerable margin. As attorney general for the state, Harlan issued legal opinions, after losing a bid for re-election as attorney general, Harlan joined the Republican Party in 1868
8.
William Burnham Woods
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William Burnham Woods was a United States Circuit Judge and an Associate Justice of the United States Supreme Court as well as an Ohio politician and soldier in the Civil War. Woods was born on August 3,1824, in Newark and he was the older brother of Charles R. Woods, another future Civil War general. He attended college at both Western Reserve University in Hudson, Ohio, before transferring to Yale University, from which he received an Artium Baccalaureus in 1845 with honors. After graduating he returned home to Newark, Ohio, and read law by clerking for S. D. King, Woods ended up partnering with his mentor, King, and entered into a legal practice together in Newark, from 1847 to 1862. Woods, a loyal Democrat, was elected Mayor of Newark in 1856, although Woods opposed the Civil War, because he opposed slavery, he came to accept a Union victory as a necessity. Thus in 1862 he left the Ohio state house to join the Union Army and he was appointed lieutenant colonel of the 76th Ohio Infantry, which served in the Western Theater. He fought at the battles of Shiloh and Vicksburg, and was breveted brigadier general, Woods commanded his regiment under William T. Sherman during the Atlanta Campaign and the Shermans March to the Sea. During the Carolinas Campaign he fought with distinction at the Battle of Bentonville and he was appointed a brevet major general and was promoted to full Brigadier General in early 1865. He was a Chancellor, Middle Chancery Division of Alabama, Montgomery, Woods was a United States Circuit Judge for the United States Circuit Court for the Fifth Circuit. Woods was nominated by President Ulysses S. Grant on December 8,1869 and he was confirmed by the United States Senate on December 22,1869, and received commission the same day. His service was terminated on December 23,1880, due to elevation to the United States Supreme Court, the Slaughter-House Cases, which tested the issue of the reach and breadth of the 14th Amendment, were the most important cases he adjudicated on in the lower courts. At this point, Woods was willing to read the provisions of the 14th Amendment broadly. Woods was nominated to be an Associate Justice of the Supreme Court of the United States by President Rutherford B. Hayes on December 15,1880, to a seat vacated by William Strong. He was confirmed by the United States Senate, by a vote of 39 to 8, on December 21,1880, Woods was not a major contributor to the Court and spent only six years on the bench. He served on the court until his death in Washington, D. C. on May 14,1887, list of American Civil War generals Slaughter-House Cases William Burnham Woods at the Biographical Directory of Federal Judges, a public domain publication of the Federal Judicial Center
9.
Stanley Matthews (lawyer)
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Thomas Stanley Matthews, known as Stanley Matthews, was an Associate Justice of the United States Supreme Court, serving from May 1881 to his death in 1889. Matthews was the Courts 46th justice, before his appointment to the Court by President James A. Garfield, Matthews served as a senator from his home state of Ohio. Matthews was born in Cincinnati, Ohio and studied at Kenyon College and he practiced law in Cincinnati before moving to Maury County, Tennessee, where he practiced from 1840 to 1845. After editing the Cincinnati Herald for two years from 1846 to 1848, Matthews was selected to serve as the clerk of the Ohio House of Representatives and he was then elected to the Ohio State Senate for the 1st district, where he served from 1856 to 1858. He was then appointed as the U. S. Attorney for the Southern District of Ohio, in 1861, Matthews resigned as United States Attorney to serve as a lieutenant colonel with the 23rd Ohio Infantry regiment of the Union Army during the American Civil War. His superior officer was Rutherford B, Hayes, William McKinley also served in the regiment. With the 23rd Ohio Regiment, Matthews fought at the battle of Carnifex Ferry, on October 26,1861 he was appointed colonel of the 51st Ohio Infantry Regiment. and on April 11,1862 he was nominated as brigadier general of U. S. Volunteers. However, the nomination was tabled and never confirmed, nevertheless, Colonel Matthews commanded a brigade in the Army of the Ohio and later the Army of the Cumberland. Colonel Matthews resigned from the Union Army on April 11,1863, Matthews ran for the United States House of Representatives in 1876, but was defeated. A year later, he won an election to the Senate to fill a vacancy created by the resignation of John Sherman. On January 26,1881, President Rutherford B. Hayes nominated Matthews for a position as an Associate Justice on the U. S. Supreme Court. Matthews was a nominee, and as the nomination came near the end of Hayess term. He served on the Court until his death in 1889 and his funeral was attended by many people. His remains are interred at Spring Grove Cemetery in Cincinnati, Ohio Also interred there is John McLean, a collection of Justice Matthewss correspondence and other papers are located at the Rutherford B. Hayes Presidential Center library in Fremont, Ohio and open for research. Additional papers and collections are at, Cincinnati Historical Society, Cincinnati, Ohio, Library of Congress, Manuscript and Prints & Photographs Divisions, Washington, among these was Yick Wo v. Hopkins. In 1880, the officials of city of San Francisco. They passed an ordinance that persons could not operate a laundry in a building without a permit from the Board of Supervisors. The ordinance conferred upon the Board of Supervisors the discretion to grant or withhold the permits, at the time, about 95% of the citys 320 laundries were operated in wooden buildings
10.
Horace Gray
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Horace Gray was an American jurist who ultimately served on the United States Supreme Court. He was active in service and a great philanthropist to the City of Boston. Gray was born in Boston, Massachusetts, to the prominent Boston Brahmin merchant family of William Gray. He enrolled at Harvard College at the age of 13, graduated four years later and he studied law at Harvard, although he did not receive a degree. Gray entered the bar in 1851, Grays home later became the site of the Third Church of Christ, Scientist Horace Grays half-brother, John Chipman Gray went on to become a lawyer and long-time professor at Harvard Law School. This reputation made him a choice when a vacancy opened up on the Massachusetts Supreme Judicial Court in 1864. At age 36, Gray was youngest appointee in that courts history, while serving as chief justice, Gray hired Louis D. Brandeis as a clerk, becoming the first justice of that court to hire a clerk. In 1881, President Chester A. Arthur nominated Gray to a vacancy on the Supreme Court of the United States, he was confirmed the following day, replacing Nathan Clifford. In 1889, Gray married Jane Matthews, who was the daughter of his colleague on the court. As he had been in Massachusetts, Gray was the first Justice of the U. S. Supreme Court to hire a law clerk and he used his own funds to pay the clerks salary, as no government money was appropriated for this purpose at the time. Gray served on the US Supreme Court for over 20 years, resigning in July,1902 and he was succeeded by a fellow Massachusetts native, Oliver Wendell Holmes, Jr. who, like Gray, previously served on the Massachusetts Supreme Judicial Court. His opinions, both concurring and dissenting, were very long and weighted with legal history. Gray is well known for his decision in Pollock v. Farmers Loan & Trust Co, after the first hearing, Gray wrote that he sided with the defendant, arguing that the tax was indeed constitutional. He was in the minority, however, after the second hearing, Gray changed his stance, joining with the majority in favor of the plaintiff. He chose not to write a dissenting or concurring opinion, in either hearing, probably the most famous of Justice Grays opinions is Mut. This holding gained wide acceptance and is now codfied in Rule 803 of the Federal Rules of Evidence, Horace Gray was also the author of the 1898 case United States v.169 U. S.649,705. Horace Gray sided with the majority in the infamous case Plessy v. Ferguson that upheld racial segregation, samuel Williston who worked as Justice Grays private secretary Data drawn in part from the Supreme Court Historical Society and Oyez. Legal Historian on the United States Supreme Court, Justice Horace Gray, Jr. koslosky, Daniel Ryan, Ghosts of Horace Gray, Customary International Law as Expectation in Human Rights Litigation 97 Kentucky Law Journal 615
11.
Samuel Blatchford
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Samuel Blatchford was an Associate Justice of the Supreme Court of the United States from April 3,1882 until his death. Blatchford was born in Auburn, New York, where his father was a well known attorney and he was educated at Columbia College, where he joined the Philolexian Society, and graduated when he was 17 years old. In 1840, he served as the secretary to Governor William H. Seward. Blatchford read law while working for the governor and then entered into the practice of law with his father. In 1854, he moved to New York City and started a law firm, Blatchford, Seward & Griswold, now known as Cravath, Swaine & Moore. On what he thought was inside information, Blatchford sold out his shares on the eve of Fort Sumter and the onset of the American Civil War, preserving his personal fortune. On May 3,1867, Blatchford received an appointment from President Andrew Johnson to a seat on the United States District Court for the Southern District of New York vacated by Samuel R. Betts. Formally nominated on July 13,1867, Blatchford was confirmed by the United States Senate three days later, receiving his commission the same day, on February 15,1878, President Rutherford B. Hayes promoted Blatchford to serve as Circuit Judge of the Second U. S. Judicial Circuit to fill the vacancy caused by the death of Alexander Smith Johnson, Blatchford was confirmed by the Senate, and received his commission, on March 4,1878. He was confirmed by the United States Senate on March 22,1882, Blatchford thus became the first person to serve at all three levels of the federal judiciary—as a District Judge, a Circuit Judge, and a Supreme Court Justice. When he became a Justice on March 13,1882, it was estimated that his wealth exceeded $3 million. Blatchford was an expert in admiralty law and patent law, and authored Blatchford and Howlands Admiralty Cases, during his eleven-year tenure on the High Court he wrote 430 opinions and two dissents. His most noteworthy opinions, Chicago, Milwaukee & St. Paul Railway Co. v. Minnesota, people of New York, were roundly criticized for their apparently contradictory conclusions about due process under the Fourteenth Amendment of the U. S. Constitution. Blatchford served as a trustee of Columbia College and enjoyed collecting calendars, almanacs and he married Caroline Frances Appleton in Boston in 1844. They had one son, Samuel Appleton Blatchford, Blatchford died in 1893 in Newport, Rhode Island, at age seventy-three. Judge Blatchford Dead, New York Times, July 8,1893, abraham, Henry J. Justices and Presidents, A Political History of Appointments to the Supreme Court. The Supreme Court Justices, Illustrated Biographies, 1789-1995, frank, John P. Leon Friedman, Fred L. Israel, editors. The Justices of the United States Supreme Court, Their Lives, the Oxford Companion to the Supreme Court of the United States
12.
Civil Rights Act of 1875
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The bill was passed by the 43rd United States Congress and signed into law by President Ulysses S. Grant on March 1,1875. Several years later, the Supreme Court ruled in Civil Rights Cases that sections of the act were unconstitutional, the bill was proposed by Senator Sumner and co-sponsored by Representative Benjamin F. Butler, both Republicans from Massachusetts, in the 41st Congress of the United States in 1870. The act was passed by the 43rd Congress in February 1875. The Supreme Court, in an 8–1 decision, declared sections of the act unconstitutional in the Civil Rights Cases on October 15,1883, Justice John Marshall Harlan provided the lone dissent. The Court also held that the Thirteenth Amendment was meant to eliminate the badge of slavery, but not to prohibit racial discrimination in public accommodations. The Civil Rights Act of 1875 was the last civil rights bill to be signed into law by the government until the passage of the Civil Rights Act of 1957 during the Civil Rights Movement. The Civil Rights Act of 1875 is notable as one of the pieces of legislation related to Reconstruction that were passed by Congress after the American Civil War. Provisions contained in the Civil Rights Act of 1875 were later adopted by Congress during the Civil Rights Movement as part of the Civil Rights Act of 1964 and this legislation relied on the Commerce Clause contained in Article One of the Constitution of the United States. The Social History of Crime and Punishment in America, An Encyclopedia, the Encyclopedia of American Civil Liberties. The Supreme Courts Sanction of Racial Hatred, The 1883 Civil Rights Cases, shades of Freedom, Racial Politics and Presumptions of the American Legal Process. The Shifting Wind, The Supreme Court and Civil Rights from Reconstruction to Brown, New York, State University of New York Press. State Response to the Civil Right Issue, 1883-1885, the Civil Rights Act of 1875, A Failure Reconsidered. Encyclopedia of African American History, 1619-1895, From The Colonial Period to the Age of Frederick Douglass, accommodating Jim Crow, The Law of Hospitality and the Struggle for Civil Rights. Badges and Incidents of Slavery In the Supreme Court, the Promises of Liberty, The History and Contemporary Relevance of the Thirteenth Amendment. The Reconstruction Desegregation Debate, The Politics of Equality and the Rhetoric of Place, east Lansing, Michigan State University Press. In Jessie Carney Smith, Linda T. Wynn, Freedom Facts and Firsts,400 Years of the African American Civil Rights Experience. The Civil Rights Act of 1875, Some Reflected Light on the Fourteenth Amendment, the Enforcement of the Civil Rights Act of 1875. Gudridge, Patrick O. Privileges and Permissions, The Civil Rights Act of 1875, Charles Sumner, the Constitution, and the Civil Rights Act of 1875
13.
Civil Rights Act of 1964
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The Civil Rights Act of 1964 is a landmark civil rights and US labor law in the United States that outlaws discrimination based on race, color, religion, sex, or national origin. It ended unequal application of voter registration requirements and racial segregation in schools, at the workplace, powers given to enforce the act were initially weak, but were supplemented during later years. The Act was signed into law by President Lyndon B. Johnson on July 2,1964, Kennedy was moved to action following the elevated racial tensions and wave of black riots in the spring 1963. On June 11,1963, President Kennedy met with the Republican leaders to discuss the legislation before his television address to the nation that evening and this led to several Republican Congressmen drafting a compromise bill to be considered. On June 19, the president sent his bill to Congress as it was originally written, the presidents bill went first to the House of Representatives, where it was referred to the Judiciary Committee, chaired by Emanuel Celler, a Democrat from New York. They also added authorization for the Attorney General to file lawsuits to protect individuals against the deprivation of any rights secured by the Constitution or U. S. law, in essence, this was the controversial Title III that had been removed from the 1957 and 1960 Acts. Civil rights organizations pressed hard for this provision because it could be used to protect peaceful protesters and black voters from police brutality, Kennedy called the congressional leaders to the White House in late October,1963 to line up the necessary votes in the House for passage. The assassination of John F. Kennedy on November 22,1963, kennedys successor as president, Lyndon Johnson, made use of his experience in legislative politics, along with the bully pulpit he wielded as president, in support of the bill. Judiciary Committee chairman Celler filed a petition to discharge the bill from the Rules Committee, by the time of the 1963 winter recess,50 signatures were still needed. After the return of Congress from its winter recess, however, it was apparent that public opinion in the North favored the bill, to avert the humiliation of a successful discharge petition, Chairman Smith relented and allowed the bill to pass through the Rules Committee. Johnson, who wanted the bill passed as soon as possible, normally, the bill would have been referred to the Senate Judiciary Committee, chaired by Senator James O. Eastland, Democrat from Mississippi. Given Eastlands firm opposition, it seemed impossible that the bill would reach the Senate floor, Senate Majority Leader Mike Mansfield took a novel approach to prevent the bill from being relegated to Judiciary Committee limbo. Said Russell, We will resist to the bitter end any measure or any movement which would have a tendency to bring about equality and intermingling. This is the worst civil-rights package ever presented to the Congress and is reminiscent of the Reconstruction proposals, on the morning of June 10,1964, Senator Robert Byrd completed a filibustering address that he had begun 14 hours and 13 minutes earlier opposing the legislation. Until then, the measure had occupied the Senate for 60 working days, a day earlier, Democratic Whip Hubert Humphrey of Minnesota, the bills manager, concluded he had the 67 votes required at that time to end the debate and end the filibuster. With six wavering senators providing a four-vote victory margin, the tally stood at 71 to 29. Never in history had the Senate been able to muster enough votes to cut off a filibuster on a civil rights bill, and only once in the 37 years since 1927 had it agreed to cloture for any measure. On June 19, the bill passed the Senate by a vote of 73–27, and quickly passed through the House-Senate conference committee
14.
American Civil War
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The American Civil War was an internal conflict fought in the United States from 1861 to 1865. The Union faced secessionists in eleven Southern states grouped together as the Confederate States of America, the Union won the war, which remains the bloodiest in U. S. history. Among the 34 U. S. states in February 1861, War broke out in April 1861 when Confederates attacked the U. S. fortress of Fort Sumter. The Confederacy grew to eleven states, it claimed two more states, the Indian Territory, and the southern portions of the western territories of Arizona. The Confederacy was never recognized by the United States government nor by any foreign country. The states that remained loyal, including border states where slavery was legal, were known as the Union or the North, the war ended with the surrender of all the Confederate armies and the dissolution of the Confederate government in the spring of 1865. The war had its origin in the issue of slavery. The Confederacy collapsed and 4 million slaves were freed, but before his inauguration, seven slave states with cotton-based economies formed the Confederacy. The first six to declare secession had the highest proportions of slaves in their populations, the first seven with state legislatures to resolve for secession included split majorities for unionists Douglas and Bell in Georgia with 51% and Louisiana with 55%. Alabama had voted 46% for those unionists, Mississippi with 40%, Florida with 38%, Texas with 25%, of these, only Texas held a referendum on secession. Eight remaining slave states continued to reject calls for secession, outgoing Democratic President James Buchanan and the incoming Republicans rejected secession as illegal. Lincolns March 4,1861 inaugural address declared that his administration would not initiate a civil war, speaking directly to the Southern States, he reaffirmed, I have no purpose, directly or indirectly to interfere with the institution of slavery in the United States where it exists. I believe I have no right to do so, and I have no inclination to do so. After Confederate forces seized numerous federal forts within territory claimed by the Confederacy, efforts at compromise failed, the Confederates assumed that European countries were so dependent on King Cotton that they would intervene, but none did, and none recognized the new Confederate States of America. Hostilities began on April 12,1861, when Confederate forces fired upon Fort Sumter, while in the Western Theater the Union made significant permanent gains, in the Eastern Theater, the battle was inconclusive in 1861–62. The autumn 1862 Confederate campaigns into Maryland and Kentucky failed, dissuading British intervention, Lincoln issued the Emancipation Proclamation, which made ending slavery a war goal. To the west, by summer 1862 the Union destroyed the Confederate river navy, then much of their western armies, the 1863 Union siege of Vicksburg split the Confederacy in two at the Mississippi River. In 1863, Robert E. Lees Confederate incursion north ended at the Battle of Gettysburg, Western successes led to Ulysses S. Grants command of all Union armies in 1864
15.
Abraham Lincoln
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Abraham Lincoln was an American politician and lawyer who served as the 16th President of the United States from March 1861 until his assassination in April 1865. Lincoln led the United States through its Civil War—its bloodiest war and perhaps its greatest moral, constitutional, in doing so, he preserved the Union, abolished slavery, strengthened the federal government, and modernized the economy. Born in Hodgenville, Kentucky, Lincoln grew up on the frontier in Kentucky. Largely self-educated, he became a lawyer in Illinois, a Whig Party leader, elected to the United States House of Representatives in 1846, Lincoln promoted rapid modernization of the economy through banks, tariffs, and railroads. Reentering politics in 1854, he became a leader in building the new Republican Party, in 1860, Lincoln secured the Republican Party presidential nomination as a moderate from a swing state. Though he gained little support in the slaveholding states of the South. Subsequently, on April 12,1861, a Confederate attack on Fort Sumter inspired the North to enthusiastically rally behind the Union. Politically, Lincoln fought back by pitting his opponents against each other, by carefully planned political patronage and his Gettysburg Address became an iconic endorsement of the principles of nationalism, republicanism, equal rights, liberty, and democracy. Lincoln initially concentrated on the military and political dimensions of the war and his primary goal was to reunite the nation. He suspended habeas corpus, leading to the ex parte Merryman decision. Lincoln closely supervised the war effort, especially the selection of top generals, including his most successful general, Lincoln tried repeatedly to capture the Confederate capital at Richmond, each time a general failed, Lincoln substituted another, until finally Grant succeeded. As the war progressed, his moves toward ending slavery included the Emancipation Proclamation of 1863. On April 14,1865, five days after the surrender of Confederate commanding general Robert E. Lee, Lincoln was assassinated by John Wilkes Booth, a Confederate sympathizer. Secretary of War Edwin Stanton launched a manhunt for Booth, and 12 days later on April 26, Lincoln has been consistently ranked both by scholars and the public as among the greatest U. S. presidents. Abraham Lincoln was born February 12,1809, the child of Thomas and Nancy Hanks Lincoln, in a one-room log cabin on the Sinking Spring Farm near Hodgenville. He was a descendant of Samuel Lincoln, an Englishman who migrated from Hingham, Norfolk to its namesake of Hingham, samuels grandson and great-grandson began the familys western migration, which passed through New Jersey, Pennsylvania, and Virginia. Lincolns paternal grandfather and namesake, Captain Abraham Lincoln, moved the family from Virginia to Jefferson County, Captain Lincoln was killed in an Indian raid in 1786. His children, including eight-year-old Thomas, the presidents father
16.
Emancipation Proclamation
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The Emancipation Proclamation was a presidential proclamation and executive order issued by President Abraham Lincoln on January 1,1863. It purported to change the legal status of more than 3 million enslaved people in the designated areas of the South from slave to free. It had the effect that as soon as a slave escaped the control of the Confederate government, by running away or through advances of federal troops. Eventually it reached and liberated all of the designated slaves and it was issued as a war measure during the American Civil War, directed to all of the areas in rebellion and all segments of the executive branch of the United States. It proclaimed the freedom of slaves in ten states, because it was issued under the Presidents authority to suppress rebellion, it necessarily excluded areas not in rebellion – it applied to more than 3 million of the 4 million slaves at the time. The Proclamation was based on the constitutional authority as commander in chief of the armed forces. The Proclamation was issued in January 1863 after U, the Proclamation did not compensate the owners, did not outlaw slavery, and did not grant citizenship to the ex-slaves. It made the eradication of slavery a war goal, in addition to the goal of reuniting the Union. Around 20,000 to 50,000 slaves in regions where rebellion had already been subdued were immediately emancipated. Prior to the Proclamation, in accordance with the Fugitive Slave Act of 1850, also specifically excluded were some regions already controlled by the Union army. On September 22,1862, Lincoln issued a warning that he would order the emancipation of all slaves in any state that did not end its rebellion against the Union by January 1,1863. None of the Confederate states restored themselves to the Union, and Lincolns order was signed, the Emancipation Proclamation outraged white Southerners who envisioned a race war. It angered some Northern Democrats, energized anti-slavery forces, and undermined elements in Europe that wanted to intervene to help the Confederacy, the Proclamation lifted the spirits of African Americans both free and slave. It led many slaves to escape from their masters and get to Union lines to obtain their freedom, the Emancipation Proclamation broadened the goals of the Civil War. While slavery had been an issue that led to the war. The Proclamation made freeing the slaves an explicit goal of the Union war effort, establishing the abolition of slavery as one of the two primary war goals served to deter intervention by Britain and France. The Emancipation Proclamation was never challenged in court, to ensure the abolition of slavery in all of the U. S. Lincoln pushed for passage of the Thirteenth Amendment. Congress passed it by the necessary two-thirds vote on January 31,1865, the United States Constitution of 1787 did not use the word slavery but included several provisions about unfree persons
17.
Slavery
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A slave is unable to withdraw unilaterally from such an arrangement and works without remuneration. Many scholars now use the chattel slavery to refer to this specific sense of legalised. In a broader sense, however, the word slavery may also refer to any situation in which an individual is de facto forced to work against his or her will. Scholars also use the generic terms such as unfree labour or forced labour. However – and especially under slavery in broader senses of the word – slaves may have some rights and/or protections, Slavery began to exist before written history, in many cultures. A person could become a slave from the time of their birth, capture, while slavery was institutionally recognized by most societies, it has now been outlawed in all recognized countries, the last being Mauritania in 2007. Nevertheless, there are still more slaves today than at any point in history. The most common form of the trade is now commonly referred to as human trafficking. Chattel slavery is still practiced by the Islamic State of Iraq. An older interpretation connected it to the Greek verb skyleúo to strip a slain enemy, there is a dispute among historians about whether terms such as unfree labourer or enslaved person, rather than slave, should be used when describing the victims of slavery. Chattel slavery, also called traditional slavery, is so named because people are treated as the chattel of the owner and are bought, although it dominated many societies in the past, this form of slavery has been formally abolished and is very rare today. Even when it can be said to survive, it is not upheld by the system of any internationally recognized government. Indenture, otherwise known as bonded labour or debt bondage is a form of labour under which a person pledges himself or herself against a loan. The services required to repay the debt, and their duration, debt bondage can be passed on from generation to generation, with children required to pay off their parents debt. It is the most widespread form of slavery today, debt bondage is most prevalent in South Asia. This may also include institutions not commonly classified as slavery, such as serfdom, conscription, Human trafficking primarily involves women and children forced into prostitution. And is the fastest growing form of forced labour, with Thailand, Cambodia, India, Brazil, in 2007, Human Rights Watch estimated that 200,000 to 300,000 children served as soldiers in current conflicts. A forced marriage may be regarded as a form of slavery by one or more of the involved in the marriage
18.
William Blackstone
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Sir William Blackstone SL KC was an English jurist, judge and Tory politician of the eighteenth century. He is most noted for writing the controversial Commentaries on the Laws of England, born into a middle-class family in London, Blackstone was educated at Charterhouse School before matriculating at Pembroke College, Oxford in 1738. After switching to and completing a Bachelor of Civil Law degree, he was made a Fellow of All Souls, Oxford on 2 November 1743, admitted to Middle Temple, and called to the Bar there in 1746. Blackstone is considered responsible for completing the Codrington Library and Warton Building, on 3 July 1753 he formally gave up his practice as a barrister and instead embarked on a series of lectures on English law, the first of their kind. In November 1765 he published the first of four volumes of Commentaries on the Laws of England, considered his magnum opus and he remained in this position until his death, on 14 February 1780. Blackstones controversial legacy and main work of note is his Commentaries, designed to provide a complete overview of English law, the four-volume treatise was repeatedly republished in 1770,1773,1774,1775,1778 and in a posthumous edition in 1783. Legal education in England had stalled, Blackstones work gave the law at least a veneer of scholarly respectability, williams father, Charles Blackstone, was a silk mercer from Cheapside, the son of a wealthy apothecary. He became firm friends with Thomas Bigg, a surgeon and the son of Lovelace Bigg, after Biggs sister Mary came to London, Charles eventually persuaded her to marry him in 1718. This was not seen as a match for her, but the couple lived happily and had four sons. Charles and Henry, both fellows of New College, Oxford and took holy orders. Their last son, William, was born on 10 July 1723, although Charles and Mary Blackstone were members of the middle class rather than landed gentry, they were particularly prosperous. Tax records show Charles Blackstone to have been the second most prosperous man in the parish in 1722 and this, along with Thomas Biggs assistance to the family following Charles death, helps explain the educational upbringing of the children. William Blackstone was sent to Charterhouse School in 1730, nominated by Charles Wither, William did well there, and became head of the school by age 15. However, after Charles death the family declined, and after Mary died the familys resources largely went to meet unpaid bills. William was able to remain at Charterhouse as a poor scholar, Blackstone revelled in Charterhouses academic curriculum, particularly the Latin poetry of Ovid and Virgil. He began to note as a poet at school, writing a 30-line set of rhyming couplets to celebrate the wedding of James Hotchkis. He also won a medal for his Latin verses on John Milton, gave the annual Latin oration in 1738. On 1 October 1738, taking advantage of a new scholarship available to Charterhouse students, Blackstone matriculated at Pembroke College, Blackstone was particularly good at Greek, mathematics and poetry, with his notes on William Shakespeare being included in George Steevens 1781 edition of Shakespeares plays
19.
John Taylor Coleridge
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Sir John Taylor Coleridge was an English judge, the second son of Captain James Coleridge and nephew of the poet Samuel Taylor Coleridge. He was born at Tiverton, Devon, and was educated at Corpus Christi College, Oxford and he graduated in 1812, became a Vinerian Scholar and was soon after made a fellow of Exeter College. In 1819 he was called to the bar at the Middle Temple, in 1824, on William Giffords retirement, he assumed the editorship of the Quarterly Review, resigning it a year afterwards in favour of John Gibson Lockhart. In 1825 he published a well regarded edition of William Blackstones Commentaries, in 1835 he was appointed one of the judges of the Kings Bench. In 1852 his university created him a DCL, and in 1858 he resigned his judgeship, in 1869, he produced his Memoir of the Rev. John Keble, whose friend he had been since their college days, a third edition of which was issued within a year. He died at Ottery St. Mary, Devon, leaving two sons and two daughters, Coleridge was a member of the Canterbury Association from 24 June 1851. Stockdale v. Hansard His eldest son, John Duke Coleridge, 1st Baron Coleridge, Sir John Taylor Coleridges brothers were James Duke Coleridge and Henry Nelson Coleridge, the latter the husband of Sara Coleridge. This article incorporates text from a now in the public domain, Chisholm, Hugh, ed. Coleridge. Works written by or about John Taylor Coleridge at Wikisource Archival material relating to John Taylor Coleridge
20.
Munn v. Illinois
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Munn v. Illinois,94 U. S.113, was a United States Supreme Court case in which the Court upheld the power of government to regulate private industries. The Supreme Court decided the appeal in 1877, chief Justice Morrison Remick Waite spoke for the majority, which affirmed the constitutionality of state regulation extending to private industries that affect public interests. Because grain storage facilities were devoted to use, their rates were subject to public regulation. Moreover, Waite declared that even if Congress alone is granted control over interstate commerce, the decision was reversed in Wabash, St. Louis and Pacific Railway Co. v. Illinois. US constitutional law Kitch, Edmund W. Bowler, Clara Ann, the Facts of Munn v. Illinois. Works related to Munn v. Illinois at Wikisource Granger Movement
21.
Ohio
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Ohio /oʊˈhaɪ. oʊ/ is a Midwestern state in the Great Lakes region of the United States. Ohio is the 34th largest by area, the 7th most populous, the states capital and largest city is Columbus. The state takes its name from the Ohio River, the name originated from the Iroquois word ohi-yo’, meaning great river or large creek. Partitioned from the Northwest Territory, the state was admitted to the Union as the 17th state on March 1,1803, Ohio is historically known as the Buckeye State after its Ohio buckeye trees, and Ohioans are also known as Buckeyes. Ohio occupies 16 seats in the United States House of Representatives, Ohio is known for its status as both a swing state and a bellwether in national elections. Six Presidents of the United States have been elected who had Ohio as their home state, Ohios geographic location has proven to be an asset for economic growth and expansion. Because Ohio links the Northeast to the Midwest, much cargo, Ohio has the nations 10th largest highway network, and is within a one-day drive of 50% of North Americas population and 70% of North Americas manufacturing capacity. To the north, Lake Erie gives Ohio 312 miles of coastline, Ohios southern border is defined by the Ohio River, and much of the northern border is defined by Lake Erie. Ohios neighbors are Pennsylvania to the east, Michigan to the northwest, Ontario Canada, to the north, Indiana to the west, Kentucky on the south, Ohio is bounded by the Ohio River, but nearly all of the river itself belongs to Kentucky and West Virginia. Ohio has only that portion of the river between the rivers 1792 low-water mark and the present high-water mark, the border with Michigan has also changed, as a result of the Toledo War, to angle slightly northeast to the north shore of the mouth of the Maumee River. Much of Ohio features glaciated plains, with a flat area in the northwest being known as the Great Black Swamp. Most of Ohio is of low relief, but the unglaciated Allegheny Plateau features rugged hills, in 1965 the United States Congress passed the Appalachian Regional Development Act, at attempt to address the persistent poverty and growing economic despair of the Appalachian Region. This act defines 29 Ohio counties as part of Appalachia, the worst weather disaster in Ohio history occurred along the Great Miami River in 1913. Known as the Great Dayton Flood, the entire Miami River watershed flooded, as a result, the Miami Conservancy District was created as the first major flood plain engineering project in Ohio and the United States. Grand Lake St. Marys in the west central part of the state was constructed as a supply of water for canals in the era of 1820–1850. For many years this body of water, over 20 square miles, was the largest artificial lake in the world and it should be noted that Ohios canal-building projects were not the economic fiasco that similar efforts were in other states. Some cities, such as Dayton, owe their emergence to location on canals. Summers are typically hot and humid throughout the state, while winters generally range from cool to cold, precipitation in Ohio is moderate year-round
22.
Indiana
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Indiana /ɪndiˈænə/ is a U. S. state located in the midwestern and Great Lakes regions of North America. Indiana is the 38th largest by area and the 16th most populous of the 50 United States and its capital and largest city is Indianapolis. Indiana was admitted to the United States as the 19th U. S. state on December 11,1816, before becoming a territory, varying cultures of indigenous peoples and historic Native Americans inhabited Indiana for thousands of years. Indiana has an economy with a gross state product of $298 billion in 2012. Indiana has several areas with populations greater than 100,000. The states name means Land of the Indians, or simply Indian Land and it also stems from Indianas territorial history. On May 7,1800, the United States Congress passed legislation to divide the Northwest Territory into two areas and named the section the Indiana Territory. In 1816, when Congress passed an Enabling Act to begin the process of establishing statehood for Indiana, a resident of Indiana is officially known as a Hoosier. The first inhabitants in what is now Indiana were the Paleo-Indians, divided into small groups, the Paleo-Indians were nomads who hunted large game such as mastodons. They created stone tools made out of chert by chipping, knapping and flaking, the Archaic period, which began between 5000 and 4000 BC, covered the next phase of indigenous culture. The people developed new tools as well as techniques to cook food, such new tools included different types of spear points and knives, with various forms of notches. They made ground-stone tools such as axes, woodworking tools. During the latter part of the period, they built mounds and middens. The Archaic period ended at about 1500 BC, although some Archaic people lived until 700 BC, afterward, the Woodland period took place in Indiana, where various new cultural attributes appeared. During this period, the people created ceramics and pottery, an early Woodland period group named the Adena people had elegant burial rituals, featuring log tombs beneath earth mounds. In the middle portion of the Woodland period, the Hopewell people began developing long-range trade of goods, nearing the end of the stage, the people developed highly productive cultivation and adaptation of agriculture, growing such crops as corn and squash. The Woodland period ended around 1000 AD, the Mississippian culture emerged, lasting from 1000 until the 15th century, shortly before the arrival of Europeans. During this stage, the people created large urban settlements designed according to their cosmology, with mounds and plazas defining ceremonial
23.
Tennessee
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Tennessee is a state located in the southeastern region of the United States. Tennessee is the 36th largest and the 17th most populous of the 50 United States, Tennessee is bordered by Kentucky and Virginia to the north, North Carolina to the east, Georgia, Alabama, and Mississippi to the south, and Arkansas and Missouri to the west. The Appalachian Mountains dominate the eastern part of the state, Tennessees capital and second largest city is Nashville, which has a population of 654,610. Memphis is the states largest city, with a population of 655,770, the state of Tennessee is rooted in the Watauga Association, a 1772 frontier pact generally regarded as the first constitutional government west of the Appalachians. What is now Tennessee was initially part of North Carolina, Tennessee was admitted to the Union as the 16th state on June 1,1796. Tennessee was the last state to leave the Union and join the Confederacy at the outbreak of the American Civil War in 1861, occupied by Union forces from 1862, it was the first state to be readmitted to the Union at the end of the war. Tennessee furnished more soldiers for the Confederate Army than any other state besides Virginia and this sharply reduced competition in politics in the state until after passage of civil rights legislation in the mid-20th century. This city was established to house the Manhattan Projects uranium enrichment facilities, helping to build the worlds first atomic bomb, Tennessees major industries include agriculture, manufacturing, and tourism. Poultry, soybeans, and cattle are the primary agricultural products, and major manufacturing exports include chemicals, transportation equipment. In the early 18th century, British traders encountered a Cherokee town named Tanasi in present-day Monroe County, the town was located on a river of the same name, and appears on maps as early as 1725. The meaning and origin of the word are uncertain, some accounts suggest it is a Cherokee modification of an earlier Yuchi word. It has been said to mean meeting place, winding river, according to ethnographer James Mooney, the name can not be analyzed and its meaning is lost. The modern spelling, Tennessee, is attributed to James Glen, the governor of South Carolina, the spelling was popularized by the publication of Henry Timberlakes Draught of the Cherokee Country in 1765. In 1788, North Carolina created Tennessee County, the county to be established in what is now Middle Tennessee. When a constitutional convention met in 1796 to organize a new out of the Southwest Territory. Other sources differ on the origin of the nickname, according to the Columbia Encyclopedia. Tennessee ties Missouri as the state bordering the most other states, the state is trisected by the Tennessee River. The highest point in the state is Clingmans Dome at 6,643 feet, Clingmans Dome, which lies on Tennessees eastern border, is the highest point on the Appalachian Trail, and is the third highest peak in the United States east of the Mississippi River
24.
U.S. v. Cruikshank
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United States v. Cruikshank,92 U. S. At Colfax, Louisiana, tensions climaxed in the Colfax massacre, a federal judge ruled that the Republican-majority legislature be seated, but the Democrats did not accept this. Convictions were appealed to the Supreme Court, among these charges including hindering the freedmens First Amendment right to freely assemble and their Second Amendment right to keep and bear arms. It said that the plaintiffs had to rely on state courts for protection, although at the time, the Justices stated The right to bear arms is not granted by the Constitution, neither is it in any manner dependent upon that instrument for its existence. The Second Amendment means no more than that it not be infringed by Congress. Federal troops were withdrawn from the South in 1877, and elections afterward were often fraught with fraud and this status of political exclusion lasted until after passage of federal civil rights legislation in the 1960s. Although some of the people were armed and initially defended themselves, estimates were that 100–280 were killed, most of them following surrender. This was in the aftermath of months of uncertainty following the disputed gubernatorial election of November 1872. Federal troops reinforced the election of the Republican governor, William Pitt Kellogg, some members of the white mob were indicted and charged under the Enforcement Act of 1870. Among other provisions, the law made it a felony for two or more people to conspire to deprive anyone of his constitutional rights, the white defendants were charged with sixteen counts, divided into two sets of eight each. Among the charges included violating the rights to lawfully assemble, to vote. The Supreme Court ruled on March 27,1876, on a range of issues and it overturned the convictions of the white defendants in the case. Chief Justice Morrison Waite authored the majority opinion, in its ruling, the Court did not incorporate the Bill of Rights to the states. The Court opined about the nature of the U. S. political system, There is in our political system a government of each of the several States. Each is distinct from the others, and has citizens of its own who owe it allegiance, the ruling also stated that all U. S. All that cannot be so granted or secured are left to the protection of the States. The people must look to the States, the power for that purpose was originally placed there, and it has never been surrendered to the United States. Their ruling was that citizens must look to municipal legislation when other citizens deprive them of rights rather than the Constitution
25.
Republicanism
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Republicanism is an ideology of being a citizen in a state as a republic under which the people hold popular sovereignty. Many countries are republics in the sense that they are not monarchies, however, this article covers only the ideology of republicanism. This form of government collapsed in the part of the 1st century BCE, giving way to what was a monarchy in form. Republics revived subsequently, with, for example, Renaissance Florence or early modern Britain, the concept of a republic became a powerful force in Britains North American colonies where it led to the American Revolution. In Europe, it gained influence through the French Revolution. In Ancient Greece, several philosophers and historians analysed and described elements we now recognize as classical republicanism, traditionally, the Greek concept of politeia was rendered into Latin as res publica. Consequently, political theory until relatively recently often used republic in the sense of regime. There is no single written expression or definition from this era that exactly corresponds with an understanding of the term republic. However, most of the features of the modern definition are present in the works of Plato, Aristotle. These include theories of mixed government and of civic virtue, for example, in The Republic, Plato places great emphasis on the importance of civic virtue together with personal virtue on the part of the ideal rulers. Indeed, in Book V, Plato asserts that until rulers have the nature of philosophers or philosophers become the rulers, there can be no civic peace or happiness. Aristotle considered Carthage to have been a republic as it had a system similar to that of some of the Greek cities, notably Sparta. Some of this history, composed more than 500 years after the events, with scant written sources to rely on, Polybius exerted a great influence on Cicero as he wrote his politico-philosophical works in the 1st century BCE. In one of works, De re publica, Cicero linked the Roman concept of res publica to the Greek politeia. However, the term republic, despite its derivation, is not synonymous with the Roman res publica. This Roman Republic would, by an understanding of the word, still be defined as a true republic. Thus, Enlightenment philosophers saw the Roman Republic as an ideal system, several offices from the republican era, held by individuals, were combined under the control of a single person. These changes became permanent, and gradually conferred sovereignty on the Emperor, ciceros description of the ideal state, in De re publica, does not equate to a modern-day republic, it is more like enlightened absolutism
26.
Strauder v. West Virginia
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Strauder v. West Virginia,100 U. S.303, was a United States Supreme Court case about racial discrimination. Strauder was the first time that the Court had reversed a criminal conviction for a violation of a constitutional provision concerning criminal procedure. At the time, West Virginia excluded African-Americans from juries, taylor Strauder was a black man who had been convicted of murder by an all-white jury. Strauder appealed his conviction by contending that West Virginia exclusionary policy violated the Equal Protection Clause of the Fourteenth Amendment to the US Constitution. The Court did not hold any particular jury must be racially balanced to satisfy equal protection. That holding is reaffirmed in the important 20th-century equal protection case Washington v. S, while a victory for the rights of black defendants and an important early civil rights case, Strauder v. We do not believe the Fourteenth Amendment was ever intended to prohibit this and its aim was against discrimination because of race or color. The precedent set by Strauder has continued to influence rulings in cases as late as 1961 in Hoyt v. Florida 368 U. S.57. The two dissenting justices, Field and Clifford, explained their position in the case of Ex Parte Virginia, batson v. Kentucky De Cani, John S. Statistical Evidence in Jury Discrimination Cases, journal of Criminal Law and Criminology. The Constitution and the All-White Jury, schmidt, Benno C. Jr. Juries, Jurisdiction, and Race Discrimination, The Lost Promise of Strauder v. West Virginia. Full text of the decision & case resources from Justia & Northwestern-Oyez
27.
McCulloch v. Maryland
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McCulloch v. Maryland,17 U. S.316, was a landmark decision by the Supreme Court of the United States. The state of Maryland had attempted to impede operation of a branch of the Second Bank of the United States by imposing a tax on all notes of banks not chartered in Maryland and this case established two important principles in constitutional law. First, the Constitution grants to Congress implied powers for implementing the Constitutions express powers, Second, state action may not impede valid constitutional exercises of power by the Federal government. The Bank first went into operation in Philadelphia, Pennsylvania. James William McCulloch, head of the Baltimore Branch of the Second Bank of the United States, the lawsuit was filed by John James, an informer who sought to collect one half of the fine as provided for by the statute. The case was appealed to the Maryland Court of Appeals where the state of Maryland argued that the Constitution is silent on the subject of banks. It was Marylands contention that because the Constitution did not specifically state that the government was authorized to charter a bank. The case was appealed to the Supreme Court. The Court determined that Congress did have the power to create the Bank, Chief Justice Marshall supported this conclusion with four main arguments. First, he argued that historical practice established Congress power to create the Bank, Marshall invoked the first Bank of the United States history as authority for the constitutionality of the second bank. Second, Chief Justice Marshall refuted the argument that states retain ultimate sovereignty because they ratified the constitution, Marshall contended that it was the people who ratified the Constitution and thus the people are sovereign, not the states. Third, Marshall addressed the scope of powers under Article I. The Court broadly described Congress authority before addressing the necessary and proper clause, Marshall admitted that the Constitution does not enumerate a power to create a central Bank but said that this is not dispositive as to Congresss power to establish such an institution. Chief Justice Marshall wrote, In considering this question, then, we must never forget, Marshall also noted that the Necessary and Proper Clause is listed within the powers of Congress, not the limitations. This principle had been established years earlier by Alexander Hamilton, criterion of what is constitutional. There is also this further criterion which may materially assist the decision, Does the proposed measure abridge a pre-existing right of any State, if it does not, there is a strong presumption in favour of its constitutionality. Chief Justice Marshall also determined that Maryland may not tax the bank without violating the Constitution, the Court voided the tax on the grounds that it was unconstitutional. The opinion stated that Congress has implied powers that need to be related to the text of the Constitution and this case was a seminal moment in the formation of a balance between federalism, federal power, and states powers
28.
Mercy
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Mercy is a broad term that refers to benevolence, forgiveness and kindness in a variety of ethical, religious, social and legal contexts. The concept of a Merciful God appears in various religions, including Christianity, Judaism, performing acts of mercy as a component of religious beliefs is also emphasized through actions such as the giving of alms, and care for the sick and Works of Mercy. Mercy can be defined as compassion or forbearance shown especially to an offender or to one subject to ones power, to be at someones mercy indicates a person being without defense against someone. In a judicial context mercy is often termed clemency and it is a sovereign prerogative that resides in the executive and is entirely discretionary. John Locke defined it as the power to act according to discretion, for the good, without the prescription of the Law. The U. S. Court of Appeals for the Sixth Circuit explained that The very nature of clemency is that it is grounded solely in the will of the dispenser of clemency and he need give no reasons for granting it or for denying it. Mercy is one of the virtues of chivalry, Hinduism, Christian ethics, Islam. The Hebrew word for mercy is Rachamim which is always in plural form so that it literally means mercies, Mercy includes showing kindness to those who don’t deserve it, and forgiving those that deserve punishment. Mercy is one of the characteristics of God. Exodus 34,6 says, The Lord, the Lord, a God merciful and gracious, slow to anger, and abounding in steadfast love and faithfulness. This is also emphasized in the context of the Babylonian exile in Isaiah, For the Lord has comforted his people, but Zion said, The Lord has forsaken me, my Lord has forgotten me. Can a woman forget her child, or show no compassion for the child of her womb. Even these may forget, yet I will not forget you, also, It is good to pray and fast, to be merciful and just. Psalm 103,8 praises God for his mercy, hebrews 4,16 says, So let us confidently approach the throne of grace to receive mercy and to find grace for timely help. Grace and mercy are similar in both are free gifts of God and both are dispensed absent any merit on the part of the recipient. Grace is the favor of God, a divine assistance, grace is what one receives that they do not deserve while mercy is what one receives when they do not get that which they deserve. An emphasis on mercy appears in the New Testament, e. g. as in the Beatitudes in Matthew 5,7, Blessed are the merciful, for they shall obtain mercy. In Ephesians 2,4 Apostle Paul refers to the mercy of God in terms of salvation, God, even when we were dead through our sins, made us alive together with Christ
29.
United States corporate law
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United States corporate law regulates the governance, finance and power of corporations in US law. The US Constitution was interpreted by the US Supreme Court to allow corporations to incorporate in the state of their choice, twenty-four states follow the Model Business Corporation Act, while New York and California are important due to their size. At the Declaration of Independence, corporations had been unlawful without explicit authorization in a Royal Charter or an Act of Parliament of the United Kingdom, since the worlds first stock market crash corporations were perceived as dangerous. Corporations were only thought to be legitimate in specific industries that could not be managed efficiently through partnerships, after the US Constitution was ratified in 1788, corporations were still distrusted, and were tied into debate about interstate exercise of sovereign power. The First Bank of the United States was chartered in 1791 by the US Congress to raise money for the government and it had private investors, but faced opposition from southern politicians who feared federal power overtaking state power. So, the First Banks charter was written to expire in 20 years, State governments could and did also incorporate corporations through special legislation. In 1811, New York became the first state to have a simple registration procedure to start corporations for manufacturing business. It also allowed investors to have limited liability, so if the enterprise went bankrupt investors would lose their investment. An early US Supreme Court case, Trustees of Dartmouth College v Woodward, States quickly reacted by reserving the right to regulate future dealings by corporations. Generally speaking, corporations were treated as persons with separate legal personality from its shareholders, directors or employees. Over the late 19th century, more and more states allowed free incorporation of businesses with a registration procedure. Many corporations would be small and democratically organized, with one-person, one-vote, no matter what amount the investor had, however, the dominant trend led towards immense corporate groups where the standard rule was one-share, one-vote. At the end of the 19th century, trust systems were used to concentrate control into the hands of a few people, or a single person. By the end of the First World War, it was perceived that ordinary people had little voice compared to the financial oligarchy of bankers. In particular, employees lacked voice compared to shareholders, but plans for an industrial democracy did not become widespread. Through the 1920s, power concentrated in fewer hands as corporations issued shares with voting rights. This practice was halted in 1926 by public pressure and the New York Stock Exchange refusing to list non-voting shares, New shareholders had no power to bargain against large corporate issuers, but still needed a place to save. Before the Wall Street Crash of 1929, people were being sold shares in corporations with fake businesses, as accounts, the Wall Street Crash saw the total collapse of stock market values, as shareholders realized that corporations had become overpriced
30.
Corporation
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A corporation is a company or group of people authorized to act as a single entity and recognized as such in law. Early incorporated entities were established by charter, most jurisdictions now allow the creation of new corporations through registration. Corporations chartered in regions where they are distinguished by whether they are allowed to be for profit or not are referred to as for profit and not-for-profit corporations, there is some overlap between stock/non-stock and for profit/not-for-profit in that not-for-profit corporations are always non-stock as well. A for profit corporation is almost always a stock corporation, registered corporations have legal personality and are owned by shareholders whose liability is limited to their investment. Shareholders do not typically actively manage a corporation, shareholders instead elect or appoint a board of directors to control the corporation in a fiduciary capacity, in American English, the word corporation is most often used to describe large business corporations. In British English and in the Commonwealth countries, the company is more widely used to describe the same sort of entity while the word corporation encompasses all incorporated entities. In American English, the company can include entities such as partnerships that would not be referred to as companies in British English as they are not a separate legal entity. Despite not being human beings, corporations, as far as the law is concerned, are legal persons. Corporations can exercise human rights against real individuals and the state, Corporations can be dissolved either by statutory operation, order of court, or voluntary action on the part of shareholders. Corporations can even be convicted of offenses, such as fraud. However, corporations are not considered living entities in the way humans are. While not a corporation, this new type of entity became very attractive as an alternative for corporations not needing to issue stock, in Germany, the organization was referred to as Gesellschaft mit beschränkter Haftung or GmbH. In the last quarter of the 20th Century this new form of organization became available in the United States and other countries. Since the GmbH and LLC forms of organization are technically not corporations they will not be discussed in this article, the word corporation derives from corpus, the Latin word for body, or a body of people. By the time of Justinian, Roman law recognized a range of corporate entities under the names universitas and these included the state itself, municipalities, and such private associations as sponsors of a religious cult, burial clubs, political groups, and guilds of craftsmen or traders. Such bodies commonly had the right to own property and make contracts, to receive gifts and legacies, to sue and be sued, private associations were granted designated privileges and liberties by the emperor. Entities which carried on business and were the subjects of rights were found in ancient Rome. In medieval Europe, churches became incorporated, as did local governments, such as the Pope, the point was that the incorporation would survive longer than the lives of any particular member, existing in perpetuity
31.
Civil and political rights
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Civil and political rights are a class of rights that protect individuals freedom from infringement by governments, social organizations, and private individuals. They ensure ones ability to participate in the civil and political life of the society, Civil and political rights form the original and main part of international human rights. They comprise the first portion of the 1948 Universal Declaration of Human Rights, the phrase civil rights is a translation of Latin ius civis. Roman citizens could be either free or servile, but they all had rights in law. After the Edict of Milan in 313, these included the freedom of religion. Roman legal doctrine was lost during the Middle Ages, but claims of rights could still be made based on religious doctrine. According to the leaders of Ketts Rebellion, all men may be made free. In the 17th century, English common law judge Sir Edward Coke revived the idea of rights based on citizenship by arguing that Englishmen had historically enjoyed such rights, the Parliament of England adopted the English Bill of Rights in 1689. The Virginia Declaration of Rights, by George Mason and James Madison, was adopted in 1776, the Virginia declaration is the direct ancestor and model for the U. S. Bill of Rights. The removal by legislation of a civil right constitutes a civil disability, in early 19th century Britain, the phrase civil rights most commonly referred to the issue of such legal discrimination against Catholics. In the House of Commons support for civil rights was divided, the Roman Catholic Relief Act 1829 restored their civil rights. In the 1860s, Americans adapted this usage to newly freed blacks, congress enacted civil rights acts in 1866,1871,1875,1957,1960,1964,1968, and 1991. Marshall notes that civil rights were among the first to be recognized and codified, followed later by political rights, in many countries, they are constitutional rights and are included in a bill of rights or similar document. They are also defined in human rights instruments, such as the 1948 Universal Declaration of Human Rights. Civil and political rights need not be codified to be protected, although most democracies worldwide do have formal written guarantees of civil, Civil rights are considered to be natural rights. Thomas Jefferson wrote in his A Summary View of the Rights of British America that a free people their rights as derived from the laws of nature, the question of to whom civil and political rights apply is a subject of controversy. According to political scientist Salvador Santino F. Regilme Jr. Custom also plays a role, the United States Declaration of Independence states that people have unalienable rights including Life, Liberty and the pursuit of Happiness. It is considered by some that the purpose of government is the protection of life. Ideas of self-ownership and cognitive liberty affirm rights to choose the food one eats, the one takes
32.
Toll road
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A toll road, also known as a turnpike or tollway, is a public or private roadway for which a fee is assessed for passage. It is a form of road pricing typically implemented to help recoup the cost of road construction, the amount of the toll usually varies by vehicle type, weight, or number of axles, with freight trucks often charged higher rates than cars. Tolls are collected at points known as toll booths, toll houses, plazas, stations, bars, some toll collection points are unmanned and the user deposits money in a machine which opens the gate once the correct toll has been paid. To cut costs and minimize time delay many tolls today are collected by some form of automatic or electronic toll collection equipment which communicates electronically with a toll payers transponder, Toll booths are usually still required for the occasional users who do not have a transponder. The tolls are often prepaid or collected automatically from a credit card service. Some toll roads have automated toll enforcement systems that take photos of drivers who do not pay the tolls and they typically get the toll bill delivered to them in the mail. Criticisms of toll roads include the time taken to stop and pay the toll, automated toll paying systems help minimize both of these. Others object to paying twice for the road, in fuel taxes. In addition to roads, toll bridges and toll tunnels are also used by public authorities to generate funds to repay the cost of building the structures. Some tolls are set aside to pay for maintenance or enhancement of infrastructure, or are applied as a general fund by local governments. This is sometimes limited or prohibited by government legislation. Also road congestion pricing schemes have been implemented in a number of urban areas as a transportation demand management tool to try to reduce traffic congestion. Toll roads have existed for at least the last 2,700 years, as tolls had to be paid by travellers using the Susa–Babylon highway under the regime of Ashurbanipal, aristotle and Pliny refer to tolls in Arabia and other parts of Asia. In India, before the 4th century BC, the Arthasastra notes the use of tolls, germanic tribes charged tolls to travellers across mountain passes. A 14th-century example is Castle Loevestein in the Netherlands, which was built at a point where two rivers meet. River tolls were charged on boats sailing along the river, in 14th-century England, some of the most heavily used roads were repaired with money raised from tolls by pavage grants. Widespread toll roads sometimes restricted traffic so much, by their high tolls, tolls were used in the Holy Roman Empire in the 14th and 15th centuries. In the 20th century, road tolls were introduced in Europe to finance the construction of motorway networks and specific transport infrastructure such as bridges, Italy was the first European country to charge motorway tolls, on a 50 km motorway section near Milan in 1924
33.
Post-office
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A post office is a customer service facility forming part of a national postal system. Post offices offer mail-related services such as acceptance of letters and parcels, provision of post office boxes, and sale of stamps, packaging. In addition, many post offices offer services, providing and accepting government forms, processing government services and fees. The chief administrator of a post office is a postmaster, prior to the advent of postal and ZIP codes, postal systems would route items to a specific post office for receipt or delivery. The term post office or post-office has been in use since the 1650s, in early Modern England, post riders – mounted couriers – were placed every few hours along post roads at posting houses or post houses between major cities. These stables or inns permitted important correspondence to travel without delay, in early America, post offices were also known as stations. This term and post house fell from use as horse and coach service was replaced by railways, aircraft, today, post office usually refers to postal facilities providing customer service. The term General Post Office is sometimes used for the headquarters of a postal service. A postal facility that is used exclusively for processing mail is known as sorting office or delivery office. Integrated facilities combining mail processing with railway stations or airports are known as mail exchanges, there is evidence of corps of royal couriers disseminating the decrees of the Egyptian pharaohs as early as 2,400 BC and the service may greatly precede even that date. Similarly, organized systems of posthouses providing swift mounted courier service seems quite ancient, certainly, by the time of the Persian Empire, a system of Chapar-Khaneh existed along the Royal Road. The 2nd-Century BC Mauryan and Han dynasties established similar systems in India, suetonius credited Augustus with regularizing the Roman network, the cursus publicus. Local officials were obliged to provide couriers who would be responsible for their messages entire course, locally maintained post houses privately owned rest houses were obliged or honored to care for them along their way. Diocletian later established two parallel systems, one providing fresh horses or mules for urgent correspondence and another providing sturdy oxen for bulk shipments, procopius, though not unbiased, records that this system remained largely intact was dismantled in the surviving empire by Justinian in the 6th Century. The Princely House of Thurn and Taxis initiated regular mail service from Brussels in the 16th century, the British Postal Museum claims that the oldest functioning post office in the world is on High Street in Sanquhar, Scotland. This post office has functioned continuously since 1712, an era in which horses, in parts of Europe, special postal censorship offices existed to intercept and censor mail. In France, such offices were known as cabinets noirs, in many jurisdictions, mail boxes and post office boxes have long been in widespread use for dropoff and pickup of mail and small packages outside of post offices or when offices are closed. Deutsche Post introduced the Packstation for package delivery in 2001, in the 2000s, the United States Postal Service began to install Automated Postal Centers in many locations both in post offices and in retail locations
34.
Tyrant
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A tyrant, in its modern English usage, is an absolute ruler unrestrained by law or person, or one who has usurped legitimate sovereignty. Often described as a character, a tyrant defends his position by oppressive means. The original Greek term, however, merely meant an authoritarian sovereign without reference to character, bearing no pejorative connotation during the Archaic, Plato and Aristotle define a tyrant as one who rules without law, and uses extreme and cruel tactics–against his own people as well as others. It is defined further in the Encyclopédie as a usurper of sovereign power who makes his subjects the victims of his passions and unjust desires, which he substitutes for laws. During the seventh and sixth centuries BC, tyranny was often looked upon as a stage between narrow oligarchy and more democratic forms of polity. However, in the fifth and fourth centuries BC, a new kind of tyrant. Tyranny includes a variety of types of government – by a tyrant. The definition is extended to other leadership and to oppressive policies. For example, a teacher may find the school administration, the textbook or standardized tests to be oppressive, the English noun tyrant appears in Middle English use, via Old French, from the 1290s. The final -t arises in Old French by association with the present participles in -ant, the word tyranny is used with many meanings, not only by the Greeks, but throughout the tradition of the great books. The Oxford English Dictionary offers alternative definitions, a ruler, an illegitimate ruler, the term is usually applied to vicious dictators who achieve bad results for the governed. The definition of a tyrant is cursed by subjectivity, oppression, injustice and cruelty do not have standardized measurements or thresholds. The Greeks defined both usurpers and those inheriting rule from usurpers as tyrants, Old words are defined by their historical usage. It is difficult to determine characteristics of tyrants were defining rather than descriptive. Biblical quotations do not use the word tyrant, but express opinions very similar to those of the Greek philosophers, citing the wickedness, cruelty, like a roaring lion or a charging bear is a wicked ruler over a poor people. A ruler who lacks understanding is a cruel oppressor, but one who hates unjust gain will enjoy a long life, proverbs 28, 15–16 By justice a king gives stability to the land, but one who makes heavy extractions ruins it. Proverbs 29,4 The Greek philosophers stressed the quality of rule rather than legitimacy or absolutism, both Plato and Aristotle speak of the king as a good monarch and the tyrant as a bad one. Both say that monarchy, or rule by a man, is royal when it is for the welfare of the ruled
35.
Republic
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It is a government where the head of state is not a monarch. Both modern and ancient republics vary widely in their ideology, composition, in the classical and medieval period of Europe, many states were fashioned on the Roman Republic, which referred to the governance of the city of Rome, between it having kings and emperors. The Italian medieval and Renaissance political tradition, today referred to as humanism, is sometimes considered to derive directly from Roman republicans such as Sallust. Republics were not equated with classical democracies such as Athens, but had a democratic aspect, Republics became more common in the Western world starting in the late 18th century, eventually displacing absolute monarchy as the most common form of government in Europe. In modern republics, the executive is legitimized both by a constitution and by popular suffrage, for instance, Article IV of the United States Constitution guarantee to every State in this Union a Republican form of Government. The term originates as the Latin translation of Greek word politeia, cicero, among other Latin writers, translated politeia as res publica and it was in turn translated by Renaissance scholars as republic. The term politeia can be translated as form of government, polity, or regime, and is therefore not always a word for a specific type of regime as the modern word republic is. And also amongst classical Latin, the term republic can be used in a way to refer to any regime. In medieval Northern Italy, a number of city states had commune or signoria based governments, in the late Middle Ages, writers, such as Giovanni Villani, began writing about the nature of these states and the differences from other types of regime. They used terms such as libertas populi, a free people, the terminology changed in the 15th century as the renewed interest in the writings of Ancient Rome caused writers to prefer using classical terminology. To describe non-monarchical states writers, most importantly Leonardo Bruni, adopted the Latin phrase res publica. While Bruni and Machiavelli used the term to describe the states of Northern Italy, which were not monarchies, the term can quite literally be translated as public matter. It was most often used by Roman writers to refer to the state and government, in subsequent centuries, the English word commonwealth came to be used as a translation of res publica, and its use in English was comparable to how the Romans used the term res publica. Notably, during The Protectorate of Oliver Cromwell the word commonwealth was the most common term to call the new monarchless state, likewise, in Polish, the term was translated as rzeczpospolita, although the translation is now only used with respect to Poland. Presently, the term republic commonly means a system of government which derives its power from the rather than from another basis. After the classical period, during the Middle Ages, many cities developed again. The modern type of itself is different from any type of state found in the classical world. Nevertheless, there are a number of states of the era that are today still called republics
36.
Jim Crow laws
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Jim Crow laws were state and local laws enforcing racial segregation in the Southern United States. Enacted after the Reconstruction period, these continued in force until 1965. They mandated de jure segregation in all public facilities in the states of the former Confederate States of America, starting in 1890 with a separate. Facilities for African Americans were consistently inferior and underfunded compared to available to European Americans. This body of law institutionalized a number of economic, educational, the U. S. military was also segregated, as were federal workplaces, initiated in 1913 under President Woodrow Wilson. By requiring candidates to submit photos, his administration practiced racial discrimination in hiring and these Jim Crow laws followed the 1800–1866 Black Codes, which had previously restricted the civil rights and civil liberties of African Americans. The phrase Jim Crow Law can be found as early as 1892 in the title of a New York Times article about voting laws in the South, as a result of Rices fame, Jim Crow by 1838 had become a pejorative expression meaning Negro. When southern legislatures passed laws of racial segregation which were directed against blacks at the end of the 19th century, during the Reconstruction period of 1865–1877, federal laws provided civil rights protections in the U. S. South for freedmen, the African Americans who had formerly been slaves, extensive voter fraud was also used. Gubernatorial elections were close and had been disputed in Louisiana for years, in 1877, a national Democratic Party compromise to gain Southern support in the presidential election resulted in the governments withdrawing the last of the federal troops from the South. White Democrats had regained power in every Southern state. These Southern, white, Democratic Redeemer governments legislated Jim Crow laws, grandfather clauses temporarily permitted some illiterate whites to vote but gave no relief to most blacks. Voter turnout dropped drastically through the South as a result of such measures, in Louisiana, by 1900, black voters were reduced to 5,320 on the rolls, although they comprised the majority of the states population. By 1910, only 730 blacks were registered, less than 0. 5% of eligible black men, in 27 of the states 60 parishes, not a single black voter was registered any longer, in 9 more parishes, only one black voter was. The cumulative effect in North Carolina meant that voters were completely eliminated from voter rolls during the period from 1896–1904. The growth of their middle class was slowed. Alabama had tens of thousands of poor whites disenfranchised and those who could not vote were not eligible to serve on juries and could not run for local offices. They effectively disappeared from political life, as they could not influence the state legislatures, like schools, Jim Crow public libraries were underfunded and often stocked with secondhand books and other resources
37.
Radical Republican
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The Radical Republicans were a faction of American politicians within the Republican Party of the United States from around 1854 until the end of Reconstruction in 1877. During the war, Radical Republicans often opposed Lincoln in terms of selection of generals, Radicals pushed for the uncompensated abolition of slavery, while Lincoln wanted to pay slave owners who were loyal to the Union. After the war, the Radicals demanded civil rights for freedmen and they initiated the various Reconstruction Acts, and limited political and voting rights for ex-Confederate civil officials, military officers and soldiers. They bitterly fought President Andrew Johnson, they weakened his powers and attempted to remove him from office through impeachment, the term radical was in common use in the anti-slavery movement before the Civil War, referring not to abolitionists but to Northern politicians strongly opposed to Slave Power. There was movement in both directions, some of the pre-war radicals became more conservative during the war, while some prewar moderates became Radicals, some wartime radicals had been conservative Democrats before the war, often taking proslavery positions. The Radicals were never organized, and there was movement in. Their most successful and systematic leader was Pennsylvania Congressman Thaddeus Stevens in the House of Representatives, the Democrats were strongly opposed to the Radicals, but they were generally a weak minority in politics until they took control of the House in the 1874 congressional elections. The moderate and conservative Republican factions usually opposed the radicals, Lincoln tried to build a multi-faction coalition, including radicals, conservatives, moderates, and War Democrats, while he was often opposed by the Radicals, he never ostracized them. Andrew Johnson was thought to be a Radical when he became president in 1865, Johnson, however, was so inept as a politician he was unable to form a cohesive support network. Finally in 1872, the Liberal Republicans, most of them ex-radicals, ran a presidential campaign and they argued that Grant and the Radicals were corrupt, and had imposed Reconstruction far too long on the South. They were overwhelmingly defeated and collapsed as a movement, on issues not concerned with the Slave Power, the destruction of the Confederacy, the eradication of slavery and the rights of the Freedmen, Radicals took positions all over the political map. For example, Radicals who had once been Whigs generally supported high tariffs, some men were for hard money and no inflation, and others were for soft money and inflation. On foreign policy issues, the Radicals and moderates generally did not take distinctive positions, after the 1860 elections, moderate Republicans dominated the Congress. Radical Republicans were often critical of Lincoln, who believed was too slow in freeing slaves. Lincoln put all factions in his cabinet, including Radicals like Salmon P. Chase, Lincoln appointed many Radical Republicans, such as journalist James Shepherd Pike, to key diplomatic positions. Angry with Lincoln, in 1864 some Radicals briefly formed a party called the Radical Democracy Party with John C. Frémont as their candidate for president, until Frémont withdrew, an important Republican opponent of the Radical Republicans was Henry Jarvis Raymond. Raymond was both editor of the New York Times and also a chairman of the Republican National Committee, in Congress the most influential Radical Republicans were U. S
38.
United States v. Morrison
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United States v. Morrison,529 U. S. That fall, at Virginia Tech, freshman student Christy Brzonkala was assaulted and raped repeatedly by fellow students Antonio Morrison, during the school-conducted hearing on her complaint, Morrison admitted having sexual contact with her despite the fact that she had twice told him no. College proceedings failed to punish Crawford, but initially punished Morrison with a suspension, a state grand jury did not find sufficient evidence to charge either man with a crime. Brzonkala then filed suit under the Violence Against Women Act, the United States District Court for the Western District of Virginia held that Congress lacked authority to enact 42 U. S. C. A three-judge panel of the Court of Appeals for the Fourth Circuit reversed the decision 2–1, the Fourth Circuit reheard the case en banc and reversed the panel, upholding the district court. The Court majority ruled that VAWA exceeded congressional power under the Commerce Clause, with regard to the Commerce Clause, the majority said that the result was controlled by United States v. Lopez, which had held that the Gun-Free School Zones Act of 1990 was unconstitutional. There as in Morrison, the Court stressed enumerated powers that limit federal power in order to maintain a distinction between what is truly national and what is truly local. Lopez therefore limited the scope of the Commerce Clause to exclude activity that was not directly economic in nature, Lopez was the first significant limitation on the Commerce Clause powers of Congress in 53 years. The majority concluded that acts of such as those that VAWA was meant to remedy had only an attenuated effect, not a substantial one. The government, however, argued that a mountain of evidence indicated that these acts in the aggregate did have a substantial effect, for this proposition it relied on Wickard v. The majority further stated, t is difficult to perceive any limitation on federal power, justice Thomass concurring opinion also expressed the concern that Congress appropriating State police powers under the guise of regulating commerce. The majority, quoting from NLRB v. Jones & Laughlin Steel Corp, because VAWAs civil remedy concededly did not regulate the first or second categories, the Morrison court analyzed its validity under the third. The Court also held that Congress lacked the power to enact VAWA under the Fourteenth Amendment and this doctrine, which originated in United States v. Harris and the Civil Rights Cases, provides that the prohibitions of the Fourteenth Amendment do not constrain private individuals. The United States Government argued that VAWA appropriately enforced the Equal Protection Clauses ban on governmental gender discrimination, such precedents, said the Court, prohibit only state action—i. e. Action by state governments—and not private conduct, in other words, unequal enforcement of state laws caused by inaction is, by this interpretation, beyond the scope of the federal governments enforcement of the equal protection clause. In the Civil Rights Cases, the Court had held that the Equal Protection Clause applied only to acts done by states, not to acts done by private individuals. In Harris, the Court ruled that the Clause did not apply to a lynching, since the Fourteenth Amendment did not apply to private actors. A sheriff had tried to prevent the lynching, however, according to the majority, even if there is unconstitutional state action, that only justifies Congress in targeting the state actors, rather than targeting private parties
39.
Violence Against Women Act
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The Violence Against Women Act of 1994 is a United States federal law signed as Pub. L. 103–322 by President Bill Clinton on September 13,1994, the Act also established the Office on Violence Against Women within the Department of Justice. VAWA was drafted by the office of Senator Joe Biden, with support from a coalition of advocacy groups. In the 2000 Supreme Court case United States v. Morrison, by a 5–4 majority, the Court overturned the provision as exceeding the federal governments powers under the Commerce Clause. VAWA was reauthorized by bipartisan majorities in Congress in 2000, and again in December 2005, ultimately, VAWA was again reauthorized in 2013, after a long legislative battle throughout 2012–2013. Additionally, VAWA provides specific support for work with tribes and tribal organizations to end violence, dating violence, sexual assault. Many grant programs authorized in VAWA have been funded by the U. S. Congress, the following grant programs, which are administered primarily through the Office on Violence Against Women in the U. S. S. The ACLU has, however, supported reauthorization of VAWA on the condition that the unconstitutional DNA provision be removed and it has dramatically improved the law enforcement response to violence against women and has provided critical services necessary to support women in their struggle to overcome abusive situations. Conservative activist Phyllis Schlafly denounced VAWA as a tool to fill feminist coffers and argued that the Act promoted divorce, breakup of marriage, in 2000, the Supreme Court of the United States held part of VAWA unconstitutional in United States v. Morrison on federalism grounds. In that decision, only the civil remedy of VAWA was struck down. The provisions providing program funding were unaffected, in 2012 the law was up for reauthorization in Congress. Another area of contention is the provision of the law giving Native American tribal authorities jurisdiction over sex crimes involving non-Native Americans on tribal lands. The U visa is restricted to 10,000 applicants annually whereas the number of applicants far exceeds these 10,000 for each fiscal year. In order to be considered for the U visa, one of the requirements for illegal immigrant women is that they need to cooperate in the detainment of the abuser. Studies show that 30 to 50% of immigrant women are suffering from physical violence, in April 2012, the Senate voted to reauthorize the Violence Against Women Act, and the House subsequently passed its own measure. Reconciliation of the two bills was stymied by procedural measures, leaving the re-authorization in question, the Senates 2012 re-authorization of VAWA was not brought up for a vote in the House. On February 12,2013, the Senate passed an extension of the Violence Against Women Act by a vote of 78–22, the measure went to the House of Representatives where jurisdiction of tribal courts and inclusion of same-sex couples were expected to be at issue. Possible solutions advanced were permitting either removal or appeal to federal courts by non-tribal defendants, on February 28,2013, in a 286–138 vote, the House passed the Senates all-inclusive version of the bill
40.
United States labor law
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United States labor law sets the rights and duties for employees, labor unions, and employers in the United States. Labor laws basic aim is to remedy the inequality of bargaining power between employees and employers, especially employers organized in the corporate or other forms of ownership association. Over the 20th century, federal law created a series of social and economic rights. The Occupational Safety and Health Act of 1970 requires employees have a system of work. A contract of employment can always improve standards beyond the statutory rights. To get fair terms beyond the minimum, and improve upon individual contracts. The National Labor Relations Act of 1935 creates rights for most employees to organize a labor union, under the Labor Management Reporting and Disclosure Act of 1959, labor union governance follows democratic principles. In any workplace where a majority of support a union. Unions can take action to defend their interests, including withdrawing their labor on strike. There are not yet general rights to participate in enterprise governance. Since the Civil Rights Act of 1964, all employing entities and labor unions have a duty to treat equally, without discrimination based on race, color, religion, sex. There are separate rules for sex discrimination in pay under the Equal Pay Act of 1963, additional groups with protected status were added by the Age Discrimination in Employment Act of 1967 and the Americans with Disabilities Act of 1990. There is no law banning all sexual orientation or identity discrimination. These equality laws generally prevent discrimination in hiring, terms of employment, there is not a federal law against unjust discharge, and most states also have no law with full protection against wrongful termination of employment. Job security rights in the US are not weaker than in all industrialized countries. On the other hand, collective agreements made by labor unions, the Worker Adjustment and Retraining Notification Act of 1988 requires employing entities give 60 days notice if more than 50 or one third of the workforce may lose their jobs. Federal law has sought to reach full employment through monetary policy, the National Labor Relations Act gave a general right to organize in a trade union and collectively bargain. In re Debs,64 Fed 724,158 U. S.564 imposed an injunction on the workers of the Pullman Company
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United States v. Cruikshank
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United States v. Cruikshank,92 U. S. At Colfax, Louisiana, tensions climaxed in the Colfax massacre, a federal judge ruled that the Republican-majority legislature be seated, but the Democrats did not accept this. Convictions were appealed to the Supreme Court, among these charges including hindering the freedmens First Amendment right to freely assemble and their Second Amendment right to keep and bear arms. It said that the plaintiffs had to rely on state courts for protection, although at the time, the Justices stated The right to bear arms is not granted by the Constitution, neither is it in any manner dependent upon that instrument for its existence. The Second Amendment means no more than that it not be infringed by Congress. Federal troops were withdrawn from the South in 1877, and elections afterward were often fraught with fraud and this status of political exclusion lasted until after passage of federal civil rights legislation in the 1960s. Although some of the people were armed and initially defended themselves, estimates were that 100–280 were killed, most of them following surrender. This was in the aftermath of months of uncertainty following the disputed gubernatorial election of November 1872. Federal troops reinforced the election of the Republican governor, William Pitt Kellogg, some members of the white mob were indicted and charged under the Enforcement Act of 1870. Among other provisions, the law made it a felony for two or more people to conspire to deprive anyone of his constitutional rights, the white defendants were charged with sixteen counts, divided into two sets of eight each. Among the charges included violating the rights to lawfully assemble, to vote. The Supreme Court ruled on March 27,1876, on a range of issues and it overturned the convictions of the white defendants in the case. Chief Justice Morrison Waite authored the majority opinion, in its ruling, the Court did not incorporate the Bill of Rights to the states. The Court opined about the nature of the U. S. political system, There is in our political system a government of each of the several States. Each is distinct from the others, and has citizens of its own who owe it allegiance, the ruling also stated that all U. S. All that cannot be so granted or secured are left to the protection of the States. The people must look to the States, the power for that purpose was originally placed there, and it has never been surrendered to the United States. Their ruling was that citizens must look to municipal legislation when other citizens deprive them of rights rather than the Constitution