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 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
Supreme Court of the United States
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Chief Justice Marshall
Supreme Court of the United States
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Supreme Court of the United States
Supreme Court of the United States
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The Roberts Court, October 2010 Back row (left to right):
Sonia Sotomayor,
Stephen G. Breyer,
Samuel A. Alito, and
Elena Kagan. Front row (left to right):
Clarence Thomas,
Antonin Scalia,
Chief Justice John Roberts,
Anthony Kennedy, and
Ruth Bader Ginsburg
Supreme Court of the United States
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Roberts, John
John Roberts (
Chief Justice)
2.
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
United States Reports
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Volumes of the United States Reports on the shelf at a
law library
3.
John Marshall
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John Marshall was the fourth Chief Justice of the Supreme Court of the United States. Previously, Marshall had been a leader of the Federalist Party in Virginia and he was Secretary of State under President John Adams from 1800 to 1801. Most notably, he reinforced the principle that courts are obligated to exercise judicial review. Thus, Marshall cemented the position of the American judiciary as an independent, in particular, he repeatedly confirmed the supremacy of federal law over state law, and supported an expansive reading of the enumerated powers. Some of his decisions were unpopular, nevertheless, Marshall built up the third branch of the federal government, and augmented federal power in the name of the Constitution, and the rule of law. John Marshall was of almost entirely English ancestry, though his mother also had some distant Scottish ancestry as well, the oldest of fifteen, John had eight sisters and six brothers. Also, several cousins were raised with the family, from a young age, he was noted for his good humor and black eyes, which were strong and penetrating, beaming with intelligence and good nature. Marshall loved his home, built in 1790, in Richmond, Virginia, for approximately three months each year, Marshall lived in Washington during the Courts annual term, boarding with Justice Story during his final years at the Ringgold-Carroll House. Marshall also left Richmond for several weeks each year to serve on the court in Raleigh. He also maintained the D. S. Tavern property in Albemarle County, Marshall himself was not religious, and although his grandfather was a priest, never formally joined a church. He did not believe Jesus was a divine being, and in some of his opinions referred to a deist Creator of all things. He was an active Freemason and served as Grand Master of Masons in Virginia in 1794–1795 of the Most Worshipful Grand Lodge of Ancient, Free, while in Richmond, Marshall attended St. The Marshall family occupied Monumental Churchs pew No.23 and entertained the Marquis de Lafayette there during his visit to Richmond in 1824, Thomas Marshall was employed in Fauquier County as a surveyor and land agent by Lord Fairfax, which provided Marshall with a substantial income. In the early 1760s, the Marshall family left Germantown and moved about 30 miles miles to Leeds Manor on the slope of the Blue Ridge Mountains. On the banks of Goose Creek, Thomas Marshall built a frame house. Thomas Marshall was not yet established, so he leased it from Colonel Richard Henry Lee. The Marshalls called their new home the Hollow, and the ten years they resided there were John Marshalls formative years, in 1773, the Marshall family moved once again. Thomas Marshall, by then a man of means, purchased an estate adjacent to North Cobbler Mountain in Delaplane
John Marshall
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John Marshall
John Marshall
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John Marshall's Birthplace Monument in Germantown, Virginia
John Marshall
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The Hollow House
John Marshall
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Oak Hill
4.
William Cushing
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William Cushing was one of the original six associate justices of the United States Supreme Court, from September 27,1789, until his death. He was the longest-serving of the Courts original members, sitting on the bench for 20 years,351 days, in 1796 he was nominated by George Washington to become the third Chief Justice, but declined. He was also the last judge in the United States to wear a full wig, Cushing was born in Scituate, Massachusetts, on March 1,1732. The Cushing family had a history in the area, settling Hingham in 1638. Cushings father John Cushing was a magistrate who in 1747 became an associate justice of the Superior Court of Judicature. William Cushings grandfather John Cushing was also a court judge. Cushings mother, Mary Cotton Cushing, was a daughter of Josiah Cotton and they were descended from Rev. John Cotton, the great 17th century Puritan theologian. Josiah Cotton and Richard Fitzgerald, a teacher at a local Latin school, were responsible for young Cushings early education, Cushing graduated from Harvard College in 1751 and became a member of the bar of Boston in 1755. After briefly practicing law in Scituate, he moved to Pownalborough, in 1762 he was called to become a barrister, again the first in Maine. He practiced law until 1772, when he was appointed by Governor Thomas Hutchinson to replace his father on the Superior Court bench, Cushing did not express any opinion on the matter, but declined the crown payment in preference to a provincial appropriation. After the American Revolutionary War broke out in April 1775, the Massachusetts Provincial Congress, consequently, it essentially dissolved the Superior Court and reformed it in November 1775. Of all its justices, Cushing was the one retained. The congress offered the seat of Chief Justice first to John Adams, but he never sat, the provincial congress appointed Cushing to be the courts first sitting Chief Justice in 1777. He was a member of the American Academy of Arts. He would sit as Massachusetts Chief Justice until 1789, during which period the court ruled in 1783 that slavery was irreconcilable with the new state constitution, and it was ended in the state. In 1783, Cushing presided over a series of cases involving Quock Walker and this was taken to mean that slavery was incompatible with the state constitution ratified in 1779, and that slavery was therefore ended in the state. The case relied on a 1781 freedom suit brought by slave Elizabeth Freeman, also known as Mum Bett, on the same grounds, during Shays Rebellion, Cushing ensured that court sessions continued, despite the aggressive protests of the armed rebels, and later presided over their trials. A year later, in 1788, he served as president of the Massachusetts convention
William Cushing
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William Cushing
William Cushing
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Justices
5.
William Paterson (jurist)
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William Paterson was born December 24,1745 in County Antrim, now in Northern Ireland, to Richard Paterson. Paterson moved to what is now the United States at age 2, after graduating, he studied law with the prominent lawyer Richard Stockton and was admitted to the bar in 1768. He also stayed connected to his alma mater and helped found the Cliosophic Society with Aaron Burr, Paterson was selected as the Somerset County delegate for the first three provincial congresses of New Jersey, where, as secretary, he recorded the 1776 New Jersey State Constitution. He was sent to the 1787 Philadelphia Convention in Philadelphia, Pennsylvania where he proposed the New Jersey Plan for a legislative body with equal representation from each state. After the Great Compromise, the Constitution was signed, Paterson, who was a strong nationalist who supported the Federalist party, went on to become one of New Jerseys first U. S. senators. As a member of the Senate Judiciary Committee, he played an important role in drafting the Judiciary Act of 1789 that established the court system. The first nine sections of very important law are in his handwriting. In 1790, he became the first person ever to resign from the U. S. Senate, when he did so in order to succeed fellow signer William Livingston as governor of New Jersey. As governor, Paterson pursued his interest in legal matters by codifying the English statutes that had been in force in New Jersey before the Revolution in Laws of the State of New Jersey. He also published a revision of the rules of the chancery and common law courts in Paterson, President George Washington nominated Paterson for the Supreme Court of the United States on February 27,1793, to the seat vacated by Thomas Johnson. Washington re-nominated Paterson to the Court on March 4,1793, after his term as Senator had expired, Paterson was immediately confirmed by the Senate and he resigned the governorship to become an associate justice of the U. S. Supreme Court. Here, and in fact throughout his career, Paterson extolled the primacy of law over governments. He was elected a Fellow of the American Academy of Arts, Paterson served on the Supreme Court until his death in 1806. In 1779, Paterson married to Cornelia Bell, daughter of John Bell, on September 9,1806, Paterson, aged 60, died from the lingering effects of a coach accident suffered in 1803 while on circuit court duty in New Jersey. He was on his way to the spa at Ballston Springs, New York, to take the waters, when he died at the Albany, New York home of his daughter, Cornelia and he was laid to rest in the Van Renssalaer family vault in 1806. When the city acquired the property, Patersons remains were relocated to Albany Rural Cemetery Menands in Albany County and he shares this cemetery with Associate Justice Rufus W. Peckham and President Chester A. Arthur. S. Both grandsons members of the Princeton University class of 1835 and William was admitted to the bar in 1838, both the city of Paterson, New Jersey, and the college, William Paterson University, are named after him. Biographical Directory of the United States Congress, William Paterson at the Biographical Directory of Federal Judges, a public domain publication of the Federal Judicial Center
William Paterson (jurist)
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Paterson as a Supreme Court Justice
William Paterson (jurist)
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Convention President
William Paterson (jurist)
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Justices
6.
Samuel Chase
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Samuel Chase was an Associate Justice of the United States Supreme Court and earlier was a signatory to the United States Declaration of Independence as a representative of Maryland. Early in life, Chase was a firebrand states-righter and revolutionary and he was acquitted by the Senate and remained in office. Samuel Chase was the child of the Reverend Thomas Chase and his wife, Matilda Walker, born near Princess Anne. His father was a clergyman who immigrated to Somerset County to become a priest in a new church and he was eighteen when he left for Annapolis where he studied law under attorney John Hall. He was admitted to the bar in 1761 and started a law practice in Annapolis and it was during his time as a member of the bar that his colleagues gave him the nickname of Old Bacon Face. In May 1762, Chase married Ann Baldwin, daughter of Thomas, Samuel and Ann had had three sons and four daughters, with only four surviving to adulthood. In 1784, Chase traveled to England to deal with Marylands Bank of England stock, where he met Hannah Kilty, daughter of Samuel Giles and they were married later that year and had two daughters, Hannah and Elisa. In 1762, Chase was expelled from the Forensic Club, an Annapolis debating society, for extremely irregular, in 1764, Chase was elected to the Maryland General Assembly where he served for twenty years. In 1766, he became embroiled in a war of words with a number of loyalist members of the Maryland political establishment, in 1769, he started construction of the mansion that would become known as the Chase–Lloyd House, which he sold unfinished in 1771. The house is now a National Historic Landmark and he co-founded Anne Arundel Countys Sons of Liberty chapter with his close friend William Paca as well as leading opposition to the 1765 Stamp Act. From 1774 to 1776, Chase was a member of the Annapolis Convention and he represented Maryland at the Continental Congress, was re-elected in 1776 and signed the United States Declaration of Independence. He remained in the Continental Congress until 1778, in 1786, Chase moved to Baltimore, which remained his home for the rest of his life. In 1788, he was appointed Chief justice of the District Criminal Court in Baltimore, in 1791, he became Chief Justice of the Maryland General Court, again serving until 1796. On January 26,1796, President George Washington appointed Chase as a justice of the Supreme Court of the United States. Chase served on the Court until his death on June 19,1811, virginia Congressman John Randolph of Roanoke took up the challenge and took charge of the impeachment. The House of Representatives served Chase with eight articles of impeachment in late 1804, two more focused on his conduct in the political libel trial of James Callender. All the counts involved Chases work as a judge in lower circuit courts. The heart of the allegations was that political bias had led Chase to treat defendants, Chases defense lawyers called the prosecution a political effort by his Republican enemies
Samuel Chase
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Samuel Chase
Samuel Chase
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Justices
7.
Bushrod Washington
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Bushrod Washington was an attorney and politician, appointed as Associate Justice of the Supreme Court of the United States, where he served for more than 30 years. He was among the founders of the American Colonization Society in 1816, intended to promote emigration of freed slaves and free blacks to a colony in Africa, and served as its president. Bushrod Washington was born on June 5,1762, at Bushfield Manor and he was a son of John Augustine Washington, the brother of George Washington, and Johns wife, Hannah Bushrod. Washington graduated from the College of William & Mary in 1778, after beginning with John Marshall the study of law under George Wythe in 1780, he joined the Continental Army during 1781 and served as a private in the army until 1782. After Bushrod left the army, his father and his uncle, George Washington, after concluding his studies with Wilson in April 1784, the young Washington returned to Westmoreland County, married Julia Anne Blackburn, and opened a law office. He was in the practice of law from 1784 to 1798. He was elected to the Virginia House of Delegates in 1787, in 1788, he served in the Virginia Ratifying Convention, where he voted for ratification of the US Constitution. Formally nominated on December 18,1798, Washington was confirmed by the United States Senate on December 20,1798, Washington became an associate justice on February 4,1799, at the age of 36. After Marshall became Chief Justice two years later, Washington voted with Marshall on all but three occasions, Washington served on the Supreme Court until his death in 1829. While serving on the Marshall Court, Washington authored the opinion of Corfield v. Coryell,6 Fed,546, while riding circuit as an Associate Justice. In Corfield, Washington listed several rights that he deemed were fundamental privileges and immunities of citizens in the several States, around 1795, Washington purchased Belvidere, the former Richmond estate of William Byrd III. He relinquished Belvidere upon his appointment to the Supreme Court in 1798, by George Washingtons will, Georges slaves were to be freed after his wife Martha died, as she had the use of them during her lifetime. However, Martha freed the slaves before her death in an 1800 deed of manumission, when Bushrod Washington and his wife moved to Mount Vernon immediately after Marthas death, he brought his own slaves there. The estate had not included much cash, and Washington found that he was unable to support the upkeep of the mansion on the proceeds from the property. As a result, the mansion deteriorated while he lived there, as his farms were not profitable, he sold many of his slaves to gain working capital to support the main house and property. Washington was elected a member of the American Antiquarian Society in 1813, in 1816, Washington was among the founders of the American Colonization Society, which promoted repatriation to Africa of free blacks and slaves who were freed in preparation for transport there. Washington became the Societys first president and held position for the remainder of his life. They believed that Bushrod Washington should have sent his slaves to Liberia
Bushrod Washington
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Bushrod Washington
Bushrod Washington
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Justices
8.
Alfred Moore
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Alfred Moore was a North Carolina judge who became a justice of the Supreme Court of the United States. Moore Square, a located in the Moore Square Historic District in Raleigh. Moore County, established in 1784, also in the state of North Carolina, is named in his honor, Moore was buried at the St. Philips Church near Wilmington. Moore was born in New Hanover County, North Carolina, moores father, Maurice, preceded him in the practice of law and served as a colonial judge in North Carolina. He resigned in 1777, but served in the militia against Cornwallis after the battle of Guilford Court House, the war was costly to the Moore family. British troops captured the Moore plantation and burned the home, and Alfred’s father, brother. At the end of the war Moore was elected to the North Carolina General Assembly, which elected him to serve as Attorney General. As Attorney General in 1787 he argued the States case in Bayard v. Singleton, which as decided became an important early instance of the application of judicial review. After North Carolina’s admission to the Union as the 12th state, Moore worked as a lawyer, was active in political affairs and he served in the North Carolina State legislature, but lost by a single vote in his run for the United States Senate. Moore was nominated by President John Adams to a seat vacated by James Iredell, moores service was terminated on January 26,1804, due to resignation. In 1799, Associate Justice James Iredell died suddenly, on December 4,1799, President John Adams responded to the vacancy by nominating Moore, who was then confirmed by the United States Senate on April 21,1800, receiving his commission the same day. At 4 feet 5 inches tall he is the shortest justice ever to sit on the Supreme Court and, due to poor health, Moore’s contribution to the court was abbreviated. In his five years of service he wrote only one opinion, Bas v. Tingy, moores scant contribution led one Court observer to place him atop a list of the worst justices in the history of the Court. In the early 1780s, he married Suzanne Eagles, after leaving the Supreme Court in 1804, he helped found the University of North Carolina at Chapel Hill. He died in Bladen County, North Carolina and his summer home, Moorefields, built around 1785 in Orange County, North Carolina near Hillsborough, still stands, and is listed in the National Register of Historic Places. Alfred Moore at the Biographical Directory of Federal Judges, a public domain publication of the Federal Judicial Center and this article incorporates text from a publication now in the public domain, Gilman, D. C. Thurston, H. T. Colby, F. M. eds. article name needed
Alfred Moore
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Alfred Moore
Alfred Moore
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Justices
9.
Article One of the United States Constitution
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Article One of the United States Constitution establishes the legislative branch of the federal government, the United States Congress. The Congress is a legislature consisting of a House of Representatives. All legislative Powers herein granted shall be vested in a Congress of the United States, Section 1 is a vesting clause that bestows federal legislative power exclusively to Congress. Similar clauses are found in Articles II and III, the former confers executive power upon the President alone, and the latter grants judicial power solely to the federal judiciary. These three articles create a separation of powers among the three branches of the federal government and this separation of powers, by which each department may exercise only its own constitutional powers and no others, is fundamental to the idea of a limited government accountable to the people. The separation of powers principle is particularly noteworthy in regard to the Congress, the Constitution declares that the Congress may exercise only those legislative powers herein granted within Article I. It also, by implied extension, prohibits Congress from delegating its authority to either of the other branches of government. That the power assigned to each branch must remain with that branch, although not specifically mentioned in the Constitution, Congress has also long asserted the power to investigate and the power to compel cooperation with an investigation. The Supreme Court has affirmed these powers as an implication of Congresss power to legislate, since the power to investigate is an aspect of Congresss power to legislate, it is as broad as Congresss powers to legislate. However, it is limited to inquiries that are in aid of the legislative function. The courts are highly deferential to Congresss exercise of its investigation powers, Congress has the power to investigate that which it could regulate, and the courts have interpreted Congresss regulatory powers broadly since the Great Depression. Section Two provides for the election of the House of Representatives every second year, since Representatives are to be chosen. At the time of its creation, the Constitution did not explicitly give citizens an inherent right to vote, rather, it provided that those qualified to vote in elections for the largest chamber of a states legislature may vote in Congressional elections. Since the Civil War, several amendments have been enacted that have curbed the states broad powers to set voter qualification standards. The Fifteenth Amendment prohibits the denial of the right to vote based on race, the Nineteenth Amendment prohibits the denial of the right to vote based on sex. The Twenty-fourth Amendment prohibits the revocation of voting due to the non-payment of a poll tax. The Twenty-sixth Amendment prohibits the denial of the right of US citizens, eighteen years of age or older, in the 1960s, the Supreme Court started to view voting as a fundamental right covered by the Equal Protection Clause of the Fourteenth Amendment. There is no requirement that a Representative reside within the district in which he or she represents, although this is usually the case, there have been occasional exceptions
Article One of the United States Constitution
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Opening of the
112th Congress, House of Representatives chamber, January 5, 2011
Article One of the United States Constitution
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Gilded Age monopolies could no longer control the U.S. Senate (left) by corrupting state legislatures (right).
Article One of the United States Constitution
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Republican Senator
Orrin Hatch of Utah, current
President pro tempore of the United States Senate
Article One of the United States Constitution
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The
impeachment trial of President Clinton in 1999,
Chief Justice William Rehnquist presiding.
10.
Article Three of the United States Constitution
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Article Three of the United States Constitution establishes the judicial branch of the federal government. The judicial branch comprises the Supreme Court of the United States, the judicial Power of the United States, shall be vested in one supreme Court, and in such inferior Courts as the Congress may from time to time ordain and establish. The number of justices is fixed by statute at nine, the one chief justice, proposals to divide the Supreme Court into separate panels have been made, but all have failed. Since all such proposals have failed, the Supreme Court has never ruled on the constitutionality of such a division, however, Chief Justice Charles Evans Hughes wrote, the Constitution does not appear to authorize two or more Supreme Courts functioning in effect as separate courts. The Supreme Court is the federal court that is explicitly mandated by the Constitution. During the Constitutional Convention, a proposal was made for the Supreme Court to be the federal court. This proposal was rejected in favor of the provision that exists today, under this provision, the Congress may create inferior courts under both Article III, Section 1, and Article I, Section 8. The Article III courts, which are known as constitutional courts, were first created by the Judiciary Act of 1789. Article I courts, which are known as legislative courts, consist of regulatory agencies. Article III courts are the ones with judicial power. However, cases not requiring judicial determination may come before Article I courts, other cases, such as bankruptcy cases, have been held not to involve judicial determination, and may therefore go before Article I courts. Similarly, several courts in the District of Columbia, which is under the jurisdiction of the Congress, are Article I courts rather than Article III courts. This article was expressly extended to the United States District Court for the District of Puerto Rico by the U. S. Congress through Federal Law 89-571,80 Stat,764, signed by President Lyndon B. Johnson in 1966. This transformed the article IV United States territorial court in Puerto Rico, created in 1900, Supreme Court for every sitting member over the age of 70½, up to a maximum of six. The Constitution is silent when it comes to judges of courts which have been abolished, the Judiciary Act of 1801 increased the number of courts to permit the Federalist President John Adams to appoint a number of Federalist judges before Thomas Jefferson took office. When Jefferson became President, the Congress abolished several of these courts, Judicial code of 1911 abolished circuit riding and transferred the circuit courts authority and jurisdiction to the district courts. The Constitution provides that judges shall hold their Offices during good Behavior, the term good behavior is interpreted to mean that judges may serve for the remainder of their lives, although they may resign or retire voluntarily. A judge may also be removed by impeachment and conviction by congressional vote, Three other judges, Mark W. Delahay, George W. English, and Samuel B
Article Three of the United States Constitution
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Secretary of State
James Madison, who won
Marbury v. Madison, but lost
Judicial review.
Article Three of the United States Constitution
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A nineteenth century painting of a jury.
Article Three of the United States Constitution
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Iva Toguri, known as
Tokyo Rose, and
Tomoya Kawakita were two Japanese Americans who were tried for treason after World War II.
11.
Judiciary Act of 1789
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The Judiciary Act of 1789 was a United States federal statute adopted on September 24,1789, in the first session of the First United States Congress. It established the judiciary of the United States. Article III, Section 1 of the Constitution prescribed that the power of the United States, shall be vested in one supreme Court. It made no provision for the composition or procedures of any of the courts, the existence of a separate federal judiciary had been controversial during the debates over the ratification of the Constitution. Anti-Federalists had denounced the judicial power as an instrument of national tyranny. Indeed, of the ten amendments that eventually became the Bill of Rights, even after ratification, some opponents of a strong judiciary urged that the federal court system be limited to a Supreme Court and perhaps local admiralty judges. The Congress, however, decided to establish a system of trial courts with broader jurisdiction. The Senate Journal records that Richard Henry Lee reported the bill out of committee on June 12,1789. The bill passed the Senate 14–6 on July 17,1789, the House passed an amended bill 37–16 on September 17,1789. The Senate struck four of the House amendments and approved the remaining provisions on September 19,1789, the House passed the Senates final version of the bill on September 21,1789. President George Washington signed the Judiciary Act of 1789 into law on September 24,1789, among the nominees were John Jay for Chief Justice of the United States, John Rutledge, William Cushing, Robert H. Harrison, James Wilson, and John Blair Jr. The Act set the number of Supreme Court justices at six, one Chief Justice, the Act also created 13 judicial districts within the 11 states that had then ratified the Constitution. Each state comprised one district, except for Virginia and Massachusetts, Massachusetts was divided into the District of Maine and the District of Massachusetts. Virginia was divided into the District of Kentucky and the District of Virginia and this Act established a circuit court and district court in each judicial district. The circuit courts also had jurisdiction over the district courts. The single-judge district courts had jurisdiction primarily over admiralty cases, petty crimes, notably, the federal trial courts had not yet received original federal question jurisdiction. Congress authorized all people to represent themselves or to be represented by another person. The Act did not prohibit paying a representative to appear in court, Congress authorized persons who were sued by citizens of another state, in the courts of the plaintiffs home state, to remove the lawsuit to the federal circuit court
Judiciary Act of 1789
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The first page of the Judiciary Act of 1789
Judiciary Act of 1789
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Judiciary Act of 1789
12.
Judicial review in the United States
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The Court engaged in the process of judicial review by examining the plaintiffs claim that the carriage tax was unconstitutional. After review, the Supreme Court decided the Carriage Act was constitutional, in 1803, Marbury v. Madison was the first Supreme Court case where the Court asserted its authority for judicial review to strike down a law as unconstitutional. As of 2014, the United States Supreme Court has held 176 Acts of the U. S. Congress unconstitutional, before the Constitutional Convention in 1787, the power of judicial review had been exercised in a number of states. These state courts treated state constitutions as statements of governing law to be interpreted and applied by judges and these state court cases involving judicial review were reported in the press and produced public discussion and comment. Other delegates referred to some of these court cases during the debates at the Constitutional Convention. The concept of judicial review therefore was familiar to the framers, the text of the Constitution does not contain a specific reference to the power of judicial review. Rather, the power to declare laws unconstitutional has been deemed an implied power, derived from Article III and it is the inherent duty of the courts to determine the applicable law in any given case. The Supremacy Clause says his Constitution is the law of the land. The Constitution therefore is the law of the United States. Federal statutes are the law of the land only when they are made in pursuance of the Constitution, State constitutions and statutes are valid only if they are consistent with the Constitution. Any law contrary to the Constitution is void, the federal judicial power extends to all cases arising under this Constitution. All judges are bound to follow the Constitution, if there is a conflict, the federal courts have a duty to follow the Constitution and to treat the conflicting statute as unenforceable. During the debates at the Constitutional Convention, the Founding Fathers made a number of references to the concept of judicial review, the greatest number of these references occurred during the discussion of the proposal known as the Virginia Plan. The Virginia Plan included a council of revision that would have examined proposed new laws and would have accepted or rejected them. The council of revision would have included the President along with some federal judges, several delegates objected to the inclusion of federal judges on the council of revision. In some states the judges had actually set aside laws, as being against the constitution and this was done too with general approbation. Luther Martin said, s to the constitutionality of laws, that point will come before the judges in their official character, in this character they have a negative on the laws. Join them with the executive in the revision, and they will have a double negative and these and other similar comments by the delegates indicated that the federal courts would have the power of judicial review
Judicial review in the United States
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U.S. Supreme Court building.
13.
United States Constitution
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The United States Constitution is the supreme law of the United States of America. The Constitution, originally comprising seven articles, delineates the national frame of government, Articles Four, Five and Six entrench concepts of federalism, describing the rights and responsibilities of state governments and of the states in relationship to the federal government. Article Seven establishes the procedure used by the thirteen States to ratify it. In general, the first ten amendments, known collectively as the Bill of Rights, offer specific protections of individual liberty, the majority of the seventeen later amendments expand individual civil rights protections. Others address issues related to federal authority or modify government processes and procedures, Amendments to the United States Constitution, unlike ones made to many constitutions worldwide, are appended to the document. All four pages of the original U. S, according to the United States Senate, The Constitutions first three words—We the People—affirm that the government of the United States exists to serve its citizens. From September 5,1774 to March 1,1781, the Continental Congress functioned as the government of the United States. The process of selecting the delegates for the First and Second Continental Congresses underscores the revolutionary role of the people of the colonies in establishing a governing body. The Articles of Confederation and Perpetual Union was the first constitution of the United States and it was drafted by the Second Continental Congress from mid-1776 through late-1777, and ratification by all 13 states was completed by early 1781. Under the Articles of Confederation, the governments power was quite limited. The Confederation Congress could make decisions, but lacked enforcement powers, implementation of most decisions, including modifications to the Articles, required unanimous approval of all thirteen state legislatures. The Continental Congress could print money but the currency was worthless, Congress could borrow money, but couldnt pay it back. No state paid all their U. S. taxes, some paid nothing, some few paid an amount equal to interest on the national debt owed to their citizens, but no more. No interest was paid on debt owed foreign governments, by 1786, the United States would default on outstanding debts as their dates came due. Internationally, the Articles of Confederation did little to enhance the United States ability to defend its sovereignty, most of the troops in the 625-man United States Army were deployed facing – but not threatening – British forts on American soil. They had not been paid, some were deserting and others threatening mutiny, spain closed New Orleans to American commerce, U. S. officials protested, but to no effect. Barbary pirates began seizing American ships of commerce, the Treasury had no funds to pay their ransom, if any military crisis required action, the Congress had no credit or taxing power to finance a response. Domestically, the Articles of Confederation was failing to bring unity to the sentiments and interests of the various states
United States Constitution
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Page one of the original copy of the Constitution
United States Constitution
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Signing the Constitution, September 17, 1787
United States Constitution
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Territorial extent of the United States, 1790.
United States Constitution
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"We the People" in an original edition
14.
Separation of powers
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The separation of powers, often imprecisely and metonymically used interchangeably with the trias politica principle, is a model for the governance of a state. The typical division of branches is into a legislature, an executive, and it can be contrasted with the fusion of powers in some parliamentary systems where the executive and legislature are unified. Separation of powers, therefore, refers to the division of responsibilities into distinct branches to any one branch from exercising the core functions of another. The intent is to prevent the concentration of power and provide for checks, aristotle first mentioned the idea of a mixed government or hybrid government in his work Politics where he drew upon many of the constitutional forms in the city-states of Ancient Greece. In the Roman Republic, the Roman Senate, Consuls and the Assemblies showed an example of a government according to Polybius. John Calvin favoured a system of government that divided political power between democracy and aristocracy, Calvin appreciated the advantages of democracy, stating, It is an invaluable gift if God allows a people to elect its own government and magistrates. In this way, Calvin and his followers resisted political absolutism, Calvin aimed to protect the rights and the well-being of ordinary people. In 1620, a group of English separatist Congregationalists and Anglicans founded Plymouth Colony in North America, enjoying self-rule, they established a bipartite democratic system of government. Massachusetts Bay Colony, Rhode Island, Connecticut, New Jersey, books like William Bradfords History of Plymoth Plantation were widely read in England. So the form of government in the colonies was well known in the mother country, the term tripartite system is ascribed to French Enlightenment political philosopher Baron de Montesquieu. In The Spirit of the Laws, Montesquieu described the separation of power among a legislature, an executive. Montesquieus approach was to present and defend a form of government which was not excessively centralized in all its powers to a monarch or similar ruler. He based this model on the Constitution of the Roman Republic, Montesquieu took the view that the Roman Republic had powers separated so that no one could usurp complete power. In the British constitutional system, Montesquieu discerned a separation of powers among the monarch, Parliament, Montesquieu did actually specify that the independence of the judiciary has to be real, and not apparent merely. The judiciary was generally seen as the most important of powers, independent and unchecked, typically this was accomplished through a system of checks and balances, the origin of which, like separation of powers itself, is specifically credited to Montesquieu. Constitutions with a degree of separation of powers are found worldwide. The UK system is distinguished by a particular entwining of powers, a number of Latin American countries have electoral branches of government. Countries with little separation of power include New Zealand and Canada, Canada makes limited use of separation of powers in practice, although in theory it distinguishes between branches of government
Separation of powers
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Hans Kelsen was the principal author of the tripartite Constitution of Austria and the Constitution of Czechoslovakia.
Separation of powers
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Montesquieu
Separation of powers
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George Washington at
Constitutional Convention of 1787, signing of U.S. Constitution
15.
Judiciary
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The judiciary is the system of courts that interprets and applies the law in the name of the state. The judiciary also provides a mechanism for the resolution of disputes, in some nations, under doctrines of separation of powers, the judiciary generally does not make law or enforce law, but rather interprets law and applies it to the facts of each case. In other nations, the judiciary can make law, known as Common Law, by setting precedent for other judges to follow, the Judiciary is often tasked with ensuring equal justice under law. In many jurisdictions the judicial branch has the power to change laws through the process of judicial review, Judges constitute a critical force for interpretation and implementation of a constitution, thus de facto in common law countries creating the body of constitutional law. Budget of the judiciary in many transitional and developing countries is almost completely controlled by the executive, the latter undermines the separation of powers, as it creates a critical financial dependence of the judiciary. The proper national wealth distribution including the government spending on the judiciary is subject of the constitutional economics and it is important to distinguish between the two methods of corruption of the judiciary, the state, and the private. For instance, in France, the jurisprudence constante of the Court of Cassation or the Council of State is equivalent in practice with case law, in common law jurisdictions, courts interpret law, this includes constitutions, statutes, and regulations. They also make law based upon prior case law in areas where the legislature has not made law, for instance, the tort of negligence is not derived from statute law in most common law jurisdictions. The term common law refers to this kind of law, in civil law jurisdictions, courts interpret the law, but are prohibited from creating law, and thus do not issue rulings more general than the actual case to be judged. Jurisprudence plays a role to case law. State courts, which try 98% of litigation, may have different names and organization, trial courts may be called courts of common plea, appellate courts superior courts or commonwealth courts. The judicial system, whether state or federal, begins with a court of first instance, is appealed to an appellate court, and then ends at the court of last resort. In France, the authority on the interpretation of the law is the Council of State for administrative cases. In the Peoples Republic of China, the authority on the interpretation of the law is the National Peoples Congress. Other countries such as Argentina have mixed systems that include lower courts, appeals courts, a cassation court, in this system the Supreme Court is always the final authority, but criminal cases have four stages, one more than civil law does. On the court sits a total of nine justices and this number has been changed several times. Japans process for selecting judges is longer and more stringent than the process in the United States, assistant judges are appointed from those who have completed their training at the Legal Training and Research Institute located in Wako. Once appointed, assistant judges still may not qualify to sit alone until they have served for five years, Judges require ten years of experience in practical affairs, as a public prosecutor or practicing attorney
Judiciary
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Justitia, symbol of the judiciary (statue at Shelby County Courthouse, Memphis, TN, United States)
16.
Federal government of the United States
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The Federal Government of the United States is the national government of the United States, a republic in North America, composed of 50 states, one district, Washington, D. C. and several territories. The federal government is composed of three branches, legislative, executive, and judicial, whose powers are vested by the U. S. Constitution in the Congress, the President, and the courts, including the Supreme Court. The powers and duties of these branches are defined by acts of Congress. The full name of the republic is United States of America, no other name appears in the Constitution, and this is the name that appears on money, in treaties, and in legal cases to which it is a party. The terms Government of the United States of America or United States Government are often used in documents to represent the federal government as distinct from the states collectively. In casual conversation or writing, the term Federal Government is often used, the terms Federal and National in government agency or program names generally indicate affiliation with the federal government. Because the seat of government is in Washington, D. C, Washington is commonly used as a metonym for the federal government. The outline of the government of the United States is laid out in the Constitution, the government was formed in 1789, making the United States one of the worlds first, if not the first, modern national constitutional republics. The United States government is based on the principles of federalism and republicanism, some make the case for expansive federal powers while others argue for a more limited role for the central government in relation to individuals, the states or other recognized entities. For example, while the legislative has the power to create law, the President nominates judges to the nations highest judiciary authority, but those nominees must be approved by Congress. The Supreme Court, in its turn, has the power to invalidate as unconstitutional any law passed by the Congress and these and other examples are examined in more detail in the text below. The United States Congress is the branch of the federal government. It is bicameral, comprising the House of Representatives and the Senate, the House currently consists of 435 voting members, each of whom represents a congressional district. The number of each state has in the House is based on each states population as determined in the most recent United States Census. All 435 representatives serve a two-year term, each state receives a minimum of one representative in the House. There is no limit on the number of terms a representative may serve, in addition to the 435 voting members, there are six non-voting members, consisting of five delegates and one resident commissioner. In contrast, the Senate is made up of two senators from each state, regardless of population, there are currently 100 senators, who each serve six-year terms
Federal government of the United States
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The
United States Capitol is the
seat of government for Congress.
Federal government of the United States
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Great Seal of the United States
Federal government of the United States
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Diagram of the Federal Government and American Union, 1862.
17.
William Marbury
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William Marbury was a highly successful American businessman and one of the Midnight Judges appointed by United States President John Adams the day before he left office. He was the plaintiff in the landmark 1803 Supreme Court case Marbury v. Madison, Marbury was born in Piscataway, Maryland. Named after his father, Marbury spent most of his life in Maryland around his home. Marbury became a Georgetown businessman and member of the Federalist Party, Marbury had actively campaigned for Adams in the presidential election of 1800. Jefferson refused to honor Adams appointments on the grounds that Adams paperwork had not been delivered to the offices before the change of administration had taken place. Marbury then sued Jeffersons secretary of state, James Madison, in the Supreme Court, marburys suit clarified the right of judicial review. Marburys former home in Georgetown is now known as Forrest-Marbury House, chief Justice Warren Burger placed portraits of William Marbury and James Madison in the small dining room of the Supreme Court, and designated the room the John Marshall room. William Marbury at Find a Grave Equal Justice Under Law - Marbury v. Madison on YouTube
William Marbury
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William Marbury
18.
Justice of the Peace
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A justice of the peace is a judicial officer, of a lower or puisne court, elected or appointed by means of a commission to keep the peace. In past centuries the term commissioner of the peace was used with the same meaning. Depending on the jurisdiction, such justices dispense summary justice or merely deal with local administrative applications in common law jurisdictions, some jurisdictions have varying forms of training for JPs. In 1195, Richard I of England and his Minister Hubert Walter commissioned certain knights to preserve the peace in unruly areas and they were responsible to the King for ensuring that the law was upheld and preserving the Kings peace. Therefore, they were known as keepers of the peace, the title justice of the peace derives from 1361, in the reign of Edward III. The peace to be guarded is the sovereigns, the maintenance of which is the duty of the Crown under the royal prerogative, Justices of the peace still use the power conferred or re-conferred on them since 1361 to bind over unruly persons to be of good behaviour. The bind over is not a punishment, but a preventive measure, the justices alternative title of magistrate dates from the 16th century, although the word had been in use centuries earlier to describe some legal officials of Roman times. Being an unpaid office, undertaken voluntarily and sometimes more for the sake of renown or to confirm the justices standing within the community, the justices of the peace conducted arraignments in all criminal cases, and tried misdemeanours and infractions of local ordinances and bylaws. The Municipal Corporations Act 1835 stripped the power to appoint normal JPs from those municipal corporations that had it and this was replaced by the present system, where the Lord Chancellor nominates candidates with local advice, for appointment by the Crown. Until the introduction of elected county councils in the 19th century, JPs, in quarter sessions, also administered the county at a local level. Women were not allowed to become JPs in the United Kingdom until 1919, the first woman being Ada Summers, the Mayor of Stalybridge, emily Murphy of Edmonton, Canada, preceded her by some three and a half years. Now in the UK, 50% of JPs are women, in special circumstances, a justice of the peace can be the highest governmental representative, so in fact gubernatorial, in a colonial entity. This was the case in the Tati Concessions Land, a concession in the Matabele kingdom. Criteria for appointment vary widely, depending on the state, for example, in Queensland, a justice of the peace must complete an exam prior to being eligible for appointment, whereas in Victoria, a person need only prove good character by way of references. Generally speaking, a justice of the peace cannot act in relation to a document which is to be used in a foreign country. One exception to this, however, is that countries in the Commonwealth frequently accept documents so certified, documents which are to be used in a foreign country that does not provide for a foreign JP to witness them should be dealt with by a notary public. This is the same for all countries where the office of justice of the peace exists, notaries public are often solicitors or barristers, and the best way to locate one is to contact your local law society. Some justices are appointed as justice of the peace, usually in remote aboriginal communities, in Queensland, a lawyer may be appointed as a Justice of the Peace without further education or qualification and has the full powers of a JP
Justice of the Peace
19.
Washington, D.C.
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Washington, D. C. formally the District of Columbia and commonly referred to as Washington, the District, or simply D. C. is the capital of the United States. The signing of the Residence Act on July 16,1790, Constitution provided for a federal district under the exclusive jurisdiction of the Congress and the District is therefore not a part of any state. The states of Maryland and Virginia each donated land to form the federal district, named in honor of President George Washington, the City of Washington was founded in 1791 to serve as the new national capital. In 1846, Congress returned the land ceded by Virginia, in 1871. Washington had an population of 681,170 as of July 2016. Commuters from the surrounding Maryland and Virginia suburbs raise the population to more than one million during the workweek. The Washington metropolitan area, of which the District is a part, has a population of over 6 million, the centers of all three branches of the federal government of the United States are in the District, including the Congress, President, and Supreme Court. Washington is home to national monuments and museums, which are primarily situated on or around the National Mall. The city hosts 176 foreign embassies as well as the headquarters of international organizations, trade unions, non-profit organizations, lobbying groups. A locally elected mayor and a 13‑member council have governed the District since 1973, However, the Congress maintains supreme authority over the city and may overturn local laws. D. C. residents elect a non-voting, at-large congressional delegate to the House of Representatives, the District receives three electoral votes in presidential elections as permitted by the Twenty-third Amendment to the United States Constitution, ratified in 1961. Various tribes of the Algonquian-speaking Piscataway people inhabited the lands around the Potomac River when Europeans first visited the area in the early 17th century, One group known as the Nacotchtank maintained settlements around the Anacostia River within the present-day District of Columbia. Conflicts with European colonists and neighboring tribes forced the relocation of the Piscataway people, some of whom established a new settlement in 1699 near Point of Rocks, Maryland. 43, published January 23,1788, James Madison argued that the new government would need authority over a national capital to provide for its own maintenance. Five years earlier, a band of unpaid soldiers besieged Congress while its members were meeting in Philadelphia, known as the Pennsylvania Mutiny of 1783, the event emphasized the need for the national government not to rely on any state for its own security. However, the Constitution does not specify a location for the capital, on July 9,1790, Congress passed the Residence Act, which approved the creation of a national capital on the Potomac River. The exact location was to be selected by President George Washington, formed from land donated by the states of Maryland and Virginia, the initial shape of the federal district was a square measuring 10 miles on each side, totaling 100 square miles. Two pre-existing settlements were included in the territory, the port of Georgetown, Maryland, founded in 1751, many of the stones are still standing
Washington, D.C.
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Clockwise from top left:
Smithsonian Institution Building,
Rock Creek Park,
National Mall (including the
Lincoln Memorial in the foreground),
Howard Theatre and the
Frederick Douglass National Historic Site
Washington, D.C.
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Map of the District of Columbia in 1835, prior to the
retrocession
Washington, D.C.
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Ford's Theatre in the 19th century, site of the 1865
assassination of
President Lincoln
Washington, D.C.
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Crowds surrounding the
Reflecting Pool during the 1963
March on Washington
20.
John Adams
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John Adams was an American patriot who served as the second President of the United States and the first Vice President. He was a lawyer, diplomat, statesman, political theorist, and, as a Founding Father and he was also a dedicated diarist and correspondent, particularly with his wife and closest advisor Abigail. He collaborated with his cousin, revolutionary leader Samuel Adams, Adams was a delegate from Massachusetts to the Continental Congress, where he played a leading role in persuading Congress to declare independence. He assisted Thomas Jefferson in drafting the Declaration of Independence in 1776, as a diplomat in Europe, he helped negotiate the eventual peace treaty with Great Britain, and acquired vital governmental loans from Amsterdam bankers. Adams was the author of the Massachusetts Constitution in 1780 which influenced American political theory. Adamss credentials as a revolutionary secured for him two terms as President George Washingtons vice president and also his own election in 1796 as the second president. In his single term as president, he encountered fierce criticism from the Jeffersonian Republicans, as well as the dominant faction in his own Federalist Party, led by his rival Alexander Hamilton. Adams signed the controversial Alien and Sedition Acts, and built up the army, the major accomplishment of his presidency was a peaceful resolution of the conflict in the face of Hamiltons opposition. Due to his strong posture on defense, Adams is often called the father of the American Navy and he was the first U. S. president to reside in the executive mansion, now known as the White House. In 1800, Adams lost re-election to Thomas Jefferson and retired to Massachusetts and he eventually resumed his friendship with Jefferson upon the latters own retirement by initiating a correspondence which lasted fourteen years. He and his wife established a family of politicians, diplomats, Adams was the father of John Quincy Adams, the sixth President of the United States. He died on the anniversary of the adoption of the Declaration of Independence. Modern historians in the aggregate have favorably ranked his administration, John Adams was born on October 30,1735 to John Adams Sr. and Susanna Boylston. He had two brothers, Peter and Elihu. Adams birthplace was then in Braintree, Massachusetts, and is preserved at Adams National Historical Park, Adams mother was from a leading medical family of present-day Brookline, Massachusetts. His father was a Congregationalist deacon, a farmer, a cordwainer, the Deacon also served as a selectman and supervised the building of schools and roads. Adams often praised his father and recalled their close relationship, though raised in modest surroundings, Adams felt an acute responsibility to live up to his familys heritage of reverence. Journalist Richard Brookhiser wrote that Adams Puritan ancestors believed they lived in the Bible, England under the Stuarts was Egypt, they were Israel fleeing
John Adams
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John Adams
John Adams
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Adams' birthplace in
Quincy, Massachusetts
John Adams
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Mrs. Abigail Smith Adams – 1766 Portrait by Benjamin Blythe
John Adams
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John Adams – 1766 Portrait by Benjamin Blyth
21.
Letters patent
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Letters patent can be used for the creation of corporations or government offices, or for the granting of city status or a coat of arms. Letters patent are issued for the appointment of representatives of the Crown, such as governors and governors-general of Commonwealth realms, in the United Kingdom they are also issued for the creation of peers of the realm. A particular form of letters patent has evolved into the modern patent granting exclusive rights in an invention. e, the opposite of letters patent are letters close, which are personal in nature and sealed so that only the recipient can read their contents. Letters patent are thus comparable to other kinds of open letter in that their audience is wide, letters patent are so named from the Latin verb pateo, to lie open, exposed, accessible. The originators seal was attached pendent from the document, so that it did not have to be broken in order for the document to be read. Thus letters patent do not equate to a letter but rather to any form of document, deed, contract, letter, despatch, edict, decree. Letters patent are a form of open or public proclamation and an exercise of extra-parliamentary power by a monarch or president. Prior to the establishment of Parliament, the monarch ruled absolutely by the issuing of his written orders. They can thus be contrasted with the Act of Parliament, which is in effect an order by Parliament. No explicit government approval is contained within letters patent, only the seal or signature of the monarch, in their original form they were simply written instructions or orders from the sovereign, whose order was law, which were made public to reinforce their effect. According to the United Kingdom Ministry of Justice, there are 92 different types of letters patent. The Patent Rolls are made up of copies of English royal letters patent. In 1634, during the Thirty Years War, the Holy Roman Emperor Ferdinand II became convinced that his general Albrecht von Wallenstein was plotting treason, on 24 January 1634 the Emperor signed a secret patent removing him from his command. Finally an open patent, charging Wallenstein with high treason, was signed on 18 February, in the patent, Ferdinand II ordered to have Wallenstein brought under arrest to Vienna, dead or alive. On the basis of patent, several of Wallensteins officers assassinated him and were rewarded by the Emperor. The form of patent for creating peerages has been fixed by the Crown Office Order 1992. Part III of the schedule lays down nine pro forma texts for creating various ranks of the peerage, lords of appeal in ordinary, gender-specific differences are highlighted in italics. In Commonwealth realms, letters patent are issued under the powers of the head of state
Letters patent
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Letters patent issued by
Queen Victoria in 1900, creating the office of
Governor-General of Australia as part of the process of
Federation
Letters patent
–
Letters patent issued by the United States
General Land Office
22.
James Madison
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James Madison, Jr. was an American statesman and Founding Father who served as the fourth President of the United States from 1809 to 1817. He is hailed as the Father of the Constitution for his role in drafting and promoting the United States Constitution. Madison inherited his plantation Montpelier in Virginia and therewith owned hundreds of slaves during his lifetime and he served as both a member of the Virginia House of Delegates and as a member of the Continental Congress prior to the Constitutional Convention. After the Convention, he one of the leaders in the movement to ratify the Constitution. His collaboration with Alexander Hamilton and John Jay produced The Federalist Papers, Madisons political views changed throughout his life. During deliberations on the Constitution, he favored a national government. In 1789, Madison became a leader in the new House of Representatives and he is noted for drafting the first ten amendments to the Constitution, and thus is known also as the Father of the Bill of Rights. He worked closely with President George Washington to organize the new federal government, breaking with Hamilton and the Federalist Party in 1791, he and Thomas Jefferson organized the Democratic-Republican Party. In response to the Alien and Sedition Acts, Jefferson and Madison drafted the Kentucky and Virginia Resolutions, as Jeffersons Secretary of State, Madison supervised the Louisiana Purchase, which doubled the nations size. Madison succeeded Jefferson as president in 1809, was re-elected in 1813, after the failure of diplomatic protests and a trade embargo against the United Kingdom, he led the U. S. into the War of 1812. The war was a morass, as the United States had neither a strong army nor financial system. As a result, Madison afterward supported a national government and military, as well as the national bank. Madison has been ranked in the aggregate by historians as the ninth most successful president, James Madison, Jr. was born on March 16,1751, at Belle Grove Plantation near Port Conway, Virginia, to father James Madison, Sr. and mother Nelly Conway Madison. He grew up as the oldest of twelve children, Nelly and James Sr. had seven more boys and four girls. Three of James Jr. s brothers died as infants, including one who was stillborn, in the summer of 1775, his sister Elizabeth and his brother Reuben died from a dysentery epidemic that swept through Orange County because of contaminated water. His father, James Madison, Sr. was a planter who grew up on a plantation, then called Mount Pleasant. He later acquired more property and slaves, and with 5,000 acres, he became the largest landowner, James Jr. s mother, Nelly Conway Madison, was born at Port Conway, the daughter of a prominent planter and tobacco merchant. In these years, the colonies were becoming a slave society, in which slave labor powered the economy
James Madison
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James Madison
James Madison
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Montpelier, Madison's tobacco plantation in Virginia
James Madison
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James Sharples, James Madison,
Princeton University Art Museum
James Madison
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Page one of the original copy of the
U.S. Constitution
23.
United States presidential election, 1800
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The United States presidential election of 1800 was the fourth quadrennial presidential election. It was held from Friday, October 31 to Wednesday, December 3,1800, in what is sometimes referred to as the Revolution of 1800, Vice President Thomas Jefferson defeated President John Adams. The election was an election that ushered in a generation of Democratic-Republican Party rule. The Alien and Sedition Acts, by which Federalists were trying to stifle dissent from Democratic-Republican newspaper editors, the jockeying for electoral votes, regional divisions, and the propaganda smear campaigns created by both parties made the election recognizably modern. The election exposed one of the flaws in the original Constitution of the United States, members of the Electoral College were authorized by the original Constitution to vote for two names for President. The candidate with the most electoral votes would become President and the candidate with the second most would become Vice President, each elector who voted for Jefferson also voted for Burr, resulting in a tied electoral vote. The election was then put into the hands of the outgoing House of Representatives, to rectify the flaw in the original presidential election mechanism, the Twelfth Amendment, ratified in 1804, was added to the United States Constitution. It called for electors to make a choice between their selections for president and vice president. Historians such as Garry Wills, Leonard L. Richards, and William W. Freehling have written that had not been counted at all. Adams had never owned a slave and was opposed to slavery, Jefferson was subsequently criticized as having won the temple of Liberty on the shoulders of slaves. Democratic-Republican nomination Thomas Jefferson, Vice President of the United States from Virginia Aaron Burr, senator from New York Federalist nomination John Adams, President of the United States from Massachusetts Charles Cotesworth Pinckney, former U. S. Minister to France from South Carolina The 1800 election was a re-match of the 1796 election, the campaign was bitter and characterized by slander and personal attacks on both sides. Federalists spread rumors that the Democratic-Republicans were radicals who would ruin the country, Adams was attacked by both the opposition Democratic-Republicans and a group of so-called High Federalists aligned with Alexander Hamilton. High Federalists considered Adams too moderate and would have preferred the leadership of Alexander Hamilton instead, Hamilton had apparently grown impatient with Adams and wanted a new president who was more receptive to his goals. During Washingtons presidency, Hamilton had been able to influence the response to the Whiskey Rebellion. When Washington announced that he would not seek a third term, Hamilton appears to have hoped in 1796 that his influence within an Adams administration would be as great or greater than in Washingtons. In his third sabotage attempt toward Adams, Hamilton quietly schemed to elect Pinckney to the presidency, given Pinckneys lack of political experience, he would have been expected to be open to Hamiltons influence. It embarrassed Adams and damaged Hamiltons efforts on behalf of Pinckney, partisans on both sides sought any advantage they could find
United States presidential election, 1800
–
138 electoral votes of the
Electoral College 70 electoral votes needed to win
United States presidential election, 1800
United States presidential election, 1800
–
Aaron Burr from
New York
24.
Thomas Jefferson
–
Thomas Jefferson was an American Founding Father who was the principal author of the Declaration of Independence and later served as the third President of the United States from 1801 to 1809. Previously, he was elected the second Vice President of the United States, Jefferson was primarily of English ancestry, born and educated in colonial Virginia. He graduated from the College of William & Mary and briefly practiced law and he became the United States Minister to France in May 1785, and subsequently the nations first Secretary of State in 1790–1793 under President George Washington. Jefferson and James Madison organized the Democratic-Republican Party to oppose the Federalist Party during the formation of the First Party System, as President, Jefferson pursued the nations shipping and trade interests against Barbary pirates and aggressive British trade policies. He also organized the Louisiana Purchase, almost doubling the countrys territory, as a result of peace negotiations with France, his administration reduced military forces. Jeffersons second term was beset with difficulties at home, including the trial of former Vice President Aaron Burr, American foreign trade was diminished when Jefferson implemented the Embargo Act of 1807, responding to British threats to U. S. shipping. In 1803, Jefferson began a process of Indian tribe removal to the newly organized Louisiana Territory. Jefferson mastered many disciplines, which ranged from surveying and mathematics to horticulture and he was a proven architect in the classical tradition. Jeffersons keen interest in religion and philosophy earned him the presidency of the American Philosophical Society and he shunned organized religion, but was influenced by both Christianity and deism. He was well versed in linguistics and spoke several languages and he founded the University of Virginia after retiring from public office. He was a letter writer and corresponded with many prominent and important people throughout his adult life. His only full-length book is Notes on the State of Virginia, Jefferson owned several plantations which were worked by hundreds of slaves. Most historians now believe that, after the death of his wife in 1782, he had a relationship with his slave Sally Hemings and fathered at least one of her children. Various modern scholars are more critical of Jeffersons private life, pointing out the discrepancy between his ownership of slaves and his political principles, for example. Presidential scholars, however, consistently rank Jefferson among the greatest presidents, Thomas Jefferson was born on April 13,1743, at the family home in Shadwell in the Colony of Virginia, the third of ten children. He was of English and possibly Welsh descent and was born a British subject and his father Peter Jefferson was a planter and surveyor who died when Jefferson was fourteen, his mother was Jane Randolph. Peter Jefferson moved his family to Tuckahoe Plantation in 1745 upon the death of a friend who had named him guardian of his children, the Jeffersons returned to Shadwell in 1752, where Peter died in 1757, his estate was divided between his sons Thomas and Randolph. Thomas inherited approximately 5,000 acres of land, including Monticello and he assumed full authority over his property at age 21
Thomas Jefferson
–
Thomas Jefferson
Thomas Jefferson
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Wren Building (rear), College of William & Mary where Jefferson studied
Thomas Jefferson
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House of Burgesses in Williamsburg, Virginia, where Jefferson served 1769–1775
Thomas Jefferson
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Jefferson's home, Monticello
25.
President of the United States
–
The President of the United States is the head of state and head of government of the United States. The president directs the executive branch of the government and is the commander-in-chief of the United States Armed Forces. The president is considered to be one of the worlds most powerful political figures, the role includes being the commander-in-chief of the worlds most expensive military with the second largest nuclear arsenal and leading the nation with the largest economy by nominal GDP. The office of President holds significant hard and soft power both in the United States and abroad, Constitution vests the executive power of the United States in the president. The president is empowered to grant federal pardons and reprieves. The president is responsible for dictating the legislative agenda of the party to which the president is a member. The president also directs the foreign and domestic policy of the United States, since the office of President was established in 1789, its power has grown substantially, as has the power of the federal government as a whole. However, nine vice presidents have assumed the presidency without having elected to the office. The Twenty-second Amendment prohibits anyone from being elected president for a third term, in all,44 individuals have served 45 presidencies spanning 57 full four-year terms. On January 20,2017, Donald Trump was sworn in as the 45th, in 1776, the Thirteen Colonies, acting through the Second Continental Congress, declared political independence from Great Britain during the American Revolution. The new states, though independent of each other as nation states, desiring to avoid anything that remotely resembled a monarchy, Congress negotiated the Articles of Confederation to establish a weak alliance between the states. Out from under any monarchy, the states assigned some formerly royal prerogatives to Congress, only after all the states agreed to a resolution settling competing western land claims did the Articles take effect on March 1,1781, when Maryland became the final state to ratify them. In 1783, the Treaty of Paris secured independence for each of the former colonies, with peace at hand, the states each turned toward their own internal affairs. Prospects for the convention appeared bleak until James Madison and Edmund Randolph succeeded in securing George Washingtons attendance to Philadelphia as a delegate for Virginia. It was through the negotiations at Philadelphia that the presidency framed in the U. S. The first power the Constitution confers upon the president is the veto, the Presentment Clause requires any bill passed by Congress to be presented to the president before it can become law. Once the legislation has been presented, the president has three options, Sign the legislation, the bill becomes law. Veto the legislation and return it to Congress, expressing any objections, in this instance, the president neither signs nor vetoes the legislation
President of the United States
–
Incumbent
Barack Obama since January 20, 2009 (2009-01-20)
President of the United States
–
Presidential Seal
President of the United States
–
Obama signing legislation at the
Resolute desk
President of the United States
–
Abraham Lincoln, the 16th President of the United States, successfully preserved the
Union during the
American Civil War
26.
Federalist Party
–
The Federalist Party was the first American political party. It existed from the early 1790s to 1816, its remnants lasted into the 1820s, the Federalists called for a strong national government that promoted economic growth and fostered friendly relationships with Great Britain, as well as opposition to revolutionary France. The party controlled the government until 1801, when it was overwhelmed by the Democratic-Republican opposition led by Thomas Jefferson. The Federalist Party came into being between 1792 and 1794 as a coalition of bankers and businessmen in support of Alexander Hamiltons fiscal policies. These supporters developed into the organized Federalist Party, which was committed to a fiscally sound, the only Federalist president was John Adams, although George Washington was broadly sympathetic to the Federalist program, he remained officially non-partisan during his entire presidency. Federalist policies called for a bank, tariffs, and good relations with Great Britain as expressed in the Jay Treaty negotiated in 1794. Hamilton developed the concept of implied powers and successfully argued the adoption of that interpretation of the United States Constitution, the Jay Treaty passed, and the Federalists won most of the major legislative battles in the 1790s. They held a strong base in the cities and in New England. After the Democratic-Republicans, whose base was in the rural South, won the election of 1800. They recovered some strength by their opposition to the War of 1812. On taking office in 1789, President Washington nominated New York lawyer Alexander Hamilton to the office of Secretary of the Treasury, Hamilton wanted a strong national government with financial credibility. James Madison was Hamiltons ally in the fight to ratify the new Constitution, Political parties had not been anticipated when the Constitution was drafted in 1787 and ratified in 1788, even though both Hamilton and Madison played major roles. Parties were considered to be divisive and harmful to republicanism, No similar parties existed anywhere in the world. By 1790 Hamilton started building a nationwide coalition and his attempts to manage politics in the national capital to get his plans through Congress, then, brought strong responses across the country. In the process, what began as a capital faction soon assumed status as a faction and then, finally. The Federalist Party supported Hamiltons vision of a centralized government. In foreign affairs, they supported neutrality in the war between France and Great Britain, the majority of the Founding Fathers were originally Federalists. Alexander Hamilton, James Madison, and many others can all be considered Federalists and these Federalists felt that the Articles of Confederation had been too weak to sustain a working government and had decided that a new form of government was needed
Federalist Party
–
A portrait of Alexander Hamilton by
John Trumbull, 1806.
Federalist Party
–
Federalist Party
Federalist Party
–
John Adams
27.
6th United States Congress
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The Sixth United States Congress was a meeting of the legislative branch of the United States federal government, consisting of the United States Senate and the United States House of Representatives. It met at Congress Hall in Philadelphia, Pennsylvania and in Washington, D. C. from March 4,1799, to March 4,1801 and it was the last Congress of the 18th century and the first to convene in the 19th. The apportionment of seats in House of Representatives was based on the First Census of the United States in 1790, both chambers had a Federalist majority. This was the last Congress in which the Federalist Party controlled the presidency or either chamber of Congress. December 14,1799 — Former President George Washington died February 24,1800 — Library of Congress founded November 17,1800 — Congress held its first session in Washington, D. C. The House was required to choose between Jefferson and Aaron Burr, with each of the 16 states having a single vote, Jefferson was elected on the 36th ballot by 10 to 4. February 13,1801 — Judiciary Act of 1801, Sess,4,2 Stat.89 February 27,1801 — District of Columbia Organic Act of 1801, Sess.2, ch. 15,2 Stat.103 July 4,1800, Indiana Territory created from a portion of the Northwest Territory. The count below identifies party affiliations at the beginning of the first session of this Congress, and includes members from vacancies and newly admitted states, Changes resulting from subsequent replacements are shown below in the Changes in membership section. Senators are listed in order of seniority, and Representatives are listed by district, skip to House of Representatives, below Senators were elected by the state legislatures every two years, with one-third beginning new six-year terms with each Congress. Preceding the names in the list below are Senate class numbers, the count below reflects changes from the beginning of the first session of this Congress There were 7 resignations and 1 vacancy at the beginning of Congress. The Federalists had a 1-seat net loss and the Democratic-Republicans had a 2-seat net gain, There were 6 resignations and 3 deaths. The Federalists had a 4-seat net loss and the Democratic-Republicans had a 3-seat net gain, Lists of committees and their party leaders. The Historical Atlas of Political Parties in the United States Congress, the Historical Atlas of United States Congressional Districts. Congress U. S. House of Representatives, House History U. S. Senate, Statistics and Lists
6th United States Congress
–
United States Capitol (1800)
6th United States Congress
–
President of the Senate
Thomas Jefferson
6th United States Congress
–
President pro tempore
Samuel Livermore
6th United States Congress
–
Speaker of the House
Theodore Sedgwick
28.
Lame duck (politics)
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A lame duck, in politics, is an elected official whose successor has already been elected. The official is often seen as having less influence with other due to their limited time left in office. Conversely, a duck is free to make decisions that exercise their standard powers with little fear of consequence, such as issuing executive orders, pardons. Lame duck politicians result from term limits, planned retirement, or electoral losses, Lame duck officials tend to have less political power, as other elected officials are less inclined to cooperate with them. Examples include last-minute midnight regulations issued by agencies of outgoing US presidential administrations. The phrase lame duck was coined in the century at the London Stock Exchange. The first known mention of the term in writing was made by Horace Walpole, from a letter in 1761 to Sir Horace Mann, Do you know what a Bull and a Bear and Lame Duck are. In 1791 Mary Berry wrote of the Duchess of Devonshires loss of £50,000 in stocks, in the literal sense, the term refers to a duck which is unable to keep up with its flock, making it a target for predators. It was transferred to politicians in the century, the first recorded use being in the Congressional Globe of January 14,1863. Could be justly obnoxious to the charge of being a receptacle of lame ducks or broken down politicians. For example, after the 2004 election, it clear that the governing Liberal Party/National Party coalition would gain a majority in the new Senate. In U. S. politics, the period between elections in November and the inauguration of officials early in the year is commonly called the lame duck period. A president is a lame duck after a successor has been elected, during which time the outgoing president, until 1933, inaugurations occurred on March 4. Congress usually had two sessions, the second of which was held from the December after the election of the next Congress until March. This session was called the lame duck session. For this reason, it can be argued that a president in their term is not a lame duck at all. The term lame duck president traditionally is reserved for a president who is serving out the remainder of their term after having been defeated for re-election. Ford, who was defeated in 1976, Jimmy Carter, who was defeated for re-election in 1980, and George H. W. Bush, to date, he is the last sitting president to lose in a re-election bid
Lame duck (politics)
–
Mainz carnival 2015:
Barack Obama as a Lame Duck. The shark is the
Republican Party.
Lame duck (politics)
–
The lame ducks depicted in this
Clifford K. Berryman cartoon are defeated Democrats heading to the
White House hoping to secure political appointments from then President
Woodrow Wilson.
29.
United States district court
–
The United States district courts are the general trial courts of the United States federal court system. Both civil and criminal cases are filed in the court, which is a court of law, equity. There is a United States bankruptcy court associated with each United States district court, each federal judicial district has at least one courthouse, and many districts have more than one. The formal name of a court is the United States District Court for the name of the district—for example. In contrast to the Supreme Court, which was established by Article III of the Constitution, there is no constitutional requirement that district courts exist at all. This view did not prevail, however, and the first Congress created the court system that is still in place today. There is at least one district for each state, the District of Columbia. District courts in three insular areas—the United States Virgin Islands, Guam, and the Northern Mariana Islands—exercise the same jurisdiction as Article III U. S. district courts, despite their name, these courts are technically not District Courts of the United States. Judges on these Article IV territorial courts do not enjoy the protections of Article Three of the Constitution, there are 89 districts in the 50 states, with a total of 94 districts including territories. The United States Court of International Trade addresses cases involving international trade, the United States Tax Court has jurisdiction over contested pre-assessment determinations of taxes. A judge of a United States district court is titled a United States District Judge. The number of judges in district court is set by Congress in the United States Code. The President appoints the judges for terms of good behavior. With the exception of the courts, federal district judges are Article III judges appointed for life. Otherwise, a judge, even if convicted of a criminal offense by a jury, is entitled to hold office until retirement or death. In the history of the United States, only twelve judges have been impeached by the House, a judge who has reached the age of 65 may retire or elect to go on senior status and keep working. A federal judge is addressed in writing as The Honorable John/Jane Doe or Hon. John/Jane Doe and in speech as Judge or Judge Doe or, when presiding in court, Your Honor. District judges usually concentrate on managing their courts overall caseload, supervising trials, since the 1960s, routine tasks like resolving discovery disputes can, in the district judges discretion, be referred to magistrate judges
United States district court
–
Eastern District of New York
United States district court
–
Map of the boundaries of the United States Courts of Appeals and United States District Courts
30.
Democratic-Republican Party
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The new party controlled the presidency and Congress, as well as most states, from 1801 to 1825, during the First Party System. It began in 1791 as one faction in Congress, and included many politicians who had opposed to the new constitution. They called themselves Republicans after their ideology Republicanism and they distrusted the Federalist commitment to republicanism. The party splintered in 1824 into the Jacksonian movement and the short-lived National Republican Party, the term Democratic-Republican is used especially by modern political scientists for the first Republican Party. It is also known as the Jeffersonian Republicans, historians typically use the title Republican Party. An Anti-Administration faction met secretly in the capital to oppose Hamiltons financial programs. Jefferson denounced the programs as leading to monarchy and subversive of republicanism, Jefferson needed to have a nationwide party to challenge the Federalists, which Hamilton was building up with allies in major cities. Foreign affairs took a role in 1794–95 as the Republicans vigorously opposed the Jay Treaty with Britain. Republicans saw France as more democratic after its revolution, while Britain represented the hated monarchy, the party denounced many of Hamiltons measures as unconstitutional, especially the national bank. The party was strongest in the South and weakest in the Northeast and it demanded states rights as expressed by the Principles of 1798 articulated in the Kentucky and Virginia Resolutions that would allow states to nullify a federal law. Above all, the party stood for the primacy of the yeoman farmers, Republicans were deeply committed to the principles of republicanism, which they feared were threatened by the supposed monarchical tendencies of the Hamiltonian Federalists. The party came to power in 1801 with the election of Jefferson in the 1800 presidential election, the Federalists—too elitist to appeal to most people—faded away, and totally collapsed after 1815. The Republicans dominated the First Party System, despite internal divisions, the party selected its presidential candidates in a caucus of members of Congress. They included Thomas Jefferson, James Madison, and James Monroe, by 1824, the caucus system had practically collapsed. After 1800, the party dominated Congress and most state governments outside New England, by 1824, the party was split four ways and lacked a center, as the First Party System collapsed. The emergence of the Second Party System in the 1830s realigned the old factions, one remnant followed Andrew Jackson and Martin Van Buren into the new Democratic Party by 1828. Another remnant led by John Quincy Adams and Henry Clay formed the National Republicans in 1828, the precise date of founding is disputed, but 1791 is a reasonable estimate, some time by 1792 is certain. The elections of 1792 were the first ones to be contested on anything resembling a partisan basis, in most states the congressional elections were recognized, as Jefferson strategist John Beckley put it, as a struggle between the Treasury department and the republican interest
Democratic-Republican Party
–
Thomas Jefferson
Democratic-Republican Party
–
James Madison
31.
Justice of the peace
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A justice of the peace is a judicial officer, of a lower or puisne court, elected or appointed by means of a commission to keep the peace. In past centuries the term commissioner of the peace was used with the same meaning. Depending on the jurisdiction, such justices dispense summary justice or merely deal with local administrative applications in common law jurisdictions, some jurisdictions have varying forms of training for JPs. In 1195, Richard I of England and his Minister Hubert Walter commissioned certain knights to preserve the peace in unruly areas and they were responsible to the King for ensuring that the law was upheld and preserving the Kings peace. Therefore, they were known as keepers of the peace, the title justice of the peace derives from 1361, in the reign of Edward III. The peace to be guarded is the sovereigns, the maintenance of which is the duty of the Crown under the royal prerogative, Justices of the peace still use the power conferred or re-conferred on them since 1361 to bind over unruly persons to be of good behaviour. The bind over is not a punishment, but a preventive measure, the justices alternative title of magistrate dates from the 16th century, although the word had been in use centuries earlier to describe some legal officials of Roman times. Being an unpaid office, undertaken voluntarily and sometimes more for the sake of renown or to confirm the justices standing within the community, the justices of the peace conducted arraignments in all criminal cases, and tried misdemeanours and infractions of local ordinances and bylaws. The Municipal Corporations Act 1835 stripped the power to appoint normal JPs from those municipal corporations that had it and this was replaced by the present system, where the Lord Chancellor nominates candidates with local advice, for appointment by the Crown. Until the introduction of elected county councils in the 19th century, JPs, in quarter sessions, also administered the county at a local level. Women were not allowed to become JPs in the United Kingdom until 1919, the first woman being Ada Summers, the Mayor of Stalybridge, emily Murphy of Edmonton, Canada, preceded her by some three and a half years. Now in the UK, 50% of JPs are women, in special circumstances, a justice of the peace can be the highest governmental representative, so in fact gubernatorial, in a colonial entity. This was the case in the Tati Concessions Land, a concession in the Matabele kingdom. Criteria for appointment vary widely, depending on the state, for example, in Queensland, a justice of the peace must complete an exam prior to being eligible for appointment, whereas in Victoria, a person need only prove good character by way of references. Generally speaking, a justice of the peace cannot act in relation to a document which is to be used in a foreign country. One exception to this, however, is that countries in the Commonwealth frequently accept documents so certified, documents which are to be used in a foreign country that does not provide for a foreign JP to witness them should be dealt with by a notary public. This is the same for all countries where the office of justice of the peace exists, notaries public are often solicitors or barristers, and the best way to locate one is to contact your local law society. Some justices are appointed as justice of the peace, usually in remote aboriginal communities, in Queensland, a lawyer may be appointed as a Justice of the Peace without further education or qualification and has the full powers of a JP
Justice of the peace
32.
Chief Justice of the United States
–
The Chief Justice of the United States is the head of the United States federal court system and the chief judge of the Supreme Court of the United States. The Chief Justice is one of nine Supreme Court justices, the eight are the Associate Justices of the Supreme Court of the United States. From 1789 until 1866, the office was known as the Chief Justice of the Supreme Court, the Chief Justice also serves as a spokesperson for the judicial branch. The Chief Justice leads the business of the Supreme Court and presides over oral arguments, when the court renders an opinion, the Chief Justice—when in the majority—decides who writes the courts opinion. The Chief Justice also has significant agenda-setting power over the courts meetings, in the case of an impeachment of a President of the United States, which has occurred twice, the Chief Justice presides over the trial in the Senate. In modern tradition, the Chief Justice also has the duty of administering the oath of office of the President of the United States. The first Chief Justice was John Jay, the 17th and current Chief Justice is John G. Roberts, Jr. The office was known as Chief Justice of the Supreme Court and is still informally referred to using that title. However,28 U. S. C. §1 specifies that the title is Chief Justice of the United States, the title was changed from Chief Justice of the Supreme Court by Congress in 1866 at the suggestion of the sixth Chief Justice, Salmon P. Chase. Chase wished to emphasize the Supreme Courts role as a branch of government. The first Chief Justice commissioned using the new title was Melville Fuller in 1888, use of the previous title when referring to Chief Justices John Jay through Roger B. Taney is technically correct, as that was the title during their time on the court. The other eight members of the court are officially Associate Justices of the Supreme Court of the United States, the Chief Justice is the only member of the court to whom the Constitution refers as a Justice, and only in Article I. Article III of the Constitution refers to all members of the Supreme Court simply as Judges, the Chief Justice is nominated by the President of the United States and confirmed to sit on the Court by the United States Senate. The salary of the Chief Justice is set by Congress, the Constitution prohibits Congress from lowering the salary of any judge, including the Chief Justice, while that judge holds office. As of 2015, the salary is $258,100 per year, which is higher than that of the Associate Justices. Three serving Associate Justices have received promotions to Chief Justice, Edward Douglass White in 1910, Harlan Fiske Stone in 1941, Associate Justice Abe Fortas was nominated to the position of Chief Justice of the United States, but his nomination was filibustered by Senate Republicans in 1968. Despite the failed nomination, Fortas remained an Associate Justice until his resignation the following year, there have been 21 individuals nominated for Chief Justice, of whom 17 have been confirmed by the Senate, although a different 17 have served
Chief Justice of the United States
–
Incumbent
John G. Roberts, Jr. since September 29, 2005
Chief Justice of the United States
–
Chief Justice of the United States
Chief Justice of the United States
–
John Jay, by
Gilbert Stuart
Chief Justice of the United States
–
John Marshall, the fourth and longest serving Chief Justice.
33.
United States Secretary of State
–
Secretary of State is a Level I position in the Executive Schedule and thus earns the salary prescribed for that level. The current Secretary of State is former ExxonMobil CEO Rex Tillerson and those that remain include storage and use of the Great Seal of the United States, performance of protocol functions for the White House, and the drafting of certain proclamations. The Secretary also negotiates with the individual States over the extradition of fugitives to foreign countries, under Federal Law, the resignation of a President or of a Vice President is only valid if declared in writing, in an instrument delivered to the office of the Secretary of State. Accordingly, the resignations of President Nixon and of Vice-President Spiro Agnew, domestic issues, were formalized in instruments delivered to the Secretary of State, six Secretaries of State have gone on to be elected President. Former Secretaries of State retain the right to add the title Secretary to their surnames, as the head of the United States Foreign Service, the Secretary of State is responsible for management of the diplomatic service of the United States. The foreign service employs about 12,000 people domestically and internationally, the U. S. Secretary of State has the power to remove any foreign diplomat from U. S. soil for any reason. The nature of the means that Secretaries of State engage in travel around the world. The record for most countries visited in a secretarys tenure is 112, second is Madeleine Albright with 96. The record for most air miles traveled in a secretarys tenure is 1.380 million miles, second is Condoleezza Rices 1.059 million miles and third is Clintons 956,733 miles. S
United States Secretary of State
–
Incumbent
John Kerry since February 1, 2013
United States Secretary of State
–
Seal of the Department of State
34.
7th United States Congress
–
It met in Washington, D. C. from March 4,1801, to March 4,1803, during the first two years of Thomas Jeffersons presidency. The apportionment of seats in the House of Representatives was based on the First Census of the United States in 1790, both chambers had a Democratic-Republican majority, except during the Special session of the Senate, when there was a Federalist majority in the Senate. S. Supreme Court case, Marbury v. Madison April 29,1802, Judiciary Act of 1802,31,2 Stat.156 April 30,1802, Enabling Act of 1802, ch. 40,2 Stat.173 Ohio was admitted as a state, the exact date is unclear and in dispute, but it is undisputed that it was during this Congress. However, on April 30,1802, the 7th U. S. Congress had passed an act authorizing the inhabitants of Ohio to form a Constitution and state government, and admission of Ohio into the Union. On February 19,1803, the same Congress passed an act providing for the execution of the laws of the United States in the State of Ohio. The Biographical Directory of the United States Congress states that Ohio was admitted to the Union on November 29,1802, and counts its seats as vacant from that date. The count below identifies party affiliations at the beginning of the first session of this Congress, and includes members from vacancies and newly admitted states, Changes resulting from subsequent replacements are shown below in the Changes in membership section. Senators are listed in order of seniority, and Representatives are listed by district, senators were elected by the state legislatures every two years, with one-third beginning new six-year terms with each Congress. Preceding the names in the list below are Senate class numbers, the count below reflects changes from the beginning of the first session of this Congress. There was 1 death,8 resignations, and 2 seats added for a new state, beckley Chaplain, Thomas J. Claggett Edward Gantt, elected December 9,1801 Secretary, Samuel A. The Historical Atlas of Political Parties in the United States Congress, the Historical Atlas of United States Congressional Districts
7th United States Congress
–
United States Capitol (1800)
7th United States Congress
–
President of the Senate
Aaron Burr
7th United States Congress
–
President pro tempore of the Senate
Abraham Baldwin
35.
Edward Coke
–
Sir Edward Coke SL PC was an English barrister, judge and, later, opposition politician, who is considered to be the greatest jurist of the Elizabethan and Jacobean eras. Born into a family, Coke was educated at Trinity College, Cambridge, before leaving to study at the Inner Temple. Following a promotion to Attorney General he led the prosecution in several cases, including those against Robert Devereux, Sir Walter Raleigh. As a reward for his services he was first knighted and then made Chief Justice of the Common Pleas and these actions eventually led to his transfer to the Chief Justiceship of the Kings Bench, where it was felt he could do less damage. Coke then successively restricted the definition of treason and declared a royal letter illegal, with no chance of regaining his judicial posts, he instead returned to Parliament, where he swiftly became a leading member of the opposition. In America, Cokes decision in Dr, the surname Coke, or Cocke, can be traced back to a William Coke in the hundred of South Greenhoe, now the Norfolk town of Swaffham, in around 1150. The family was prosperous and influential – members from the 14th century onwards included an Under-Sheriff, a Knight Banneret, a barrister. The name Coke was pronounced /ˈkuːk/ during the Elizabethan age, although it is now pronounced /ˈkʊk/, the origins of the name are uncertain, theories are that it was a word for river among early Britons, or was descended from the word Coc, or leader. Another hypothesis is that it was an attempt to disguise the word cook, Cokes father, Robert Coke, was a barrister and Bencher of Lincolns Inn who built up a strong practice representing clients from his home area of Norfolk. Over time, he bought several manors at Congham, Westacre and Happisburgh and was granted a coat of arms, Cokes mother, Winifred Knightley, came from a family even more intimately linked with the law than her husband. This connection later served Edward well, winifreds father later married Agnes, the sister of Nicholas Hare. Edward Coke was born on 1 February 1552 in Mileham, one of eight children, the other seven were daughters – Winifred, Dorothy, Elizabeth, Ursula, Anna, Margaret and Ethelreda – although it is not known in which order the children were born. Two years after Robert Coke died on 15 November 1561, his widow married Robert Bozoun, at the age of eight in 1560, Coke began studying at the Norwich Free Grammar School. The students were taught rhetoric based on the Rhetorica ad Herennium, Coke was taught at Norwich to value the forcefulness of freedom of speech, something he later applied as a judge. Some accounts relate that he was a diligent student who applied himself well, after leaving Norwich in 1567 he matriculated to Trinity College, Cambridge, where he studied for three years until the end of 1570, when he left without gaining a degree. Little is known of his time at Trinity, though he studied rhetoric. His biographers felt he had all the intelligence to be a good student, after leaving Trinity College he travelled to London, where he became a member of Cliffords Inn in 1571. Coke also studied various writs till they turned honey sweet on his tongue, at the Inner Temple he began the second stage of his education, reading legal texts such as Glanvilles Treatises and taking part in moots
Edward Coke
–
The Right Honourable Sir Edward Coke
SL
Edward Coke
–
Trinity College, Cambridge, where Coke studied between 1567 and 1570
Edward Coke
–
The
Court of King's Bench, where Coke brought his first case
Edward Coke
–
Robert Cecil, Coke's political ally who acted as a staunch defender of Elizabeth I
36.
Glorious Revolution of 1688
–
The crisis facing the king came to a head in 1688, with the birth of the kings son, James Francis Edward Stuart, on 10 June. This changed the line of succession by displacing the heiress presumptive with young James Francis Edward as heir apparent. The establishment of a Roman Catholic dynasty in the kingdoms now seemed likely, stadtholder William, the de facto head of state of the Dutch United Provinces, feared a Catholic Anglo–French alliance and had already been planning a military intervention in England. After consolidating political and financial support, William crossed the North Sea and English Channel with an invasion fleet in November 1688. After only two minor clashes between the two opposing armies in England, and anti-Catholic riots in several towns, Jamess regime collapsed, however, this was followed by the protracted Williamite War in Ireland and Dundees rising in Scotland. In Englands distant American colonies, the led to the collapse of the Dominion of New England. By threatening to withdraw his troops, William in February 1689 convinced a newly chosen Convention Parliament to make him, the Revolution permanently ended any chance of Catholicism becoming re-established in England. The Revolution led to limited tolerance for Nonconformist Protestants, although it would be some time before they had political rights. Internationally, the Revolution was related to the War of the Grand Alliance on mainland Europe and it has been seen as the last successful invasion of England. It ended all attempts by England in the Anglo-Dutch Wars of the 17th century to subdue the Dutch Republic by military force, the expression Glorious Revolution was first used by John Hampden in late 1689, and is an expression that is still used by the British Parliament. The Glorious Revolution is also termed the Bloodless Revolution, albeit inaccurately. Jamess greatest political problem was his Catholicism, which left him alienated from both parties in England. The low church Whigs had failed in their attempt to pass the Exclusion Bill to exclude James from the throne between 1679 and 1681, and Jamess supporters were the high church Anglican Tories. In Scotland, his supporters in the Parliament of Scotland stepped up attempts to force the Covenanters to renounce their faith, when James inherited the English throne in 1685, he had much support in the Loyal Parliament, which was composed mostly of Tories. His Catholicism was of concern to many, but the fact that he had no son, Jamess attempt to relax the Penal Laws alienated his natural supporters, however, because the Tories viewed this as tantamount to disestablishment of the Church of England. The majority of Irish people backed James II for this reason, by allying himself with the Catholics, Dissenters, and Nonconformists, James hoped to build a coalition that would advance Catholic emancipation. In May 1686, James decided to obtain from the English courts of the law a ruling that affirmed his power to dispense with Acts of Parliament. He dismissed judges who disagreed with him on this matter as well as the Solicitor General Heneage Finch, eleven out of the twelve judges ruled in favour of dispensing power
Glorious Revolution of 1688
–
The Prince of Orange lands at
Torbay
Glorious Revolution of 1688
–
James II King of England & James VII King of Scots, King of Ireland and Duke of Normandy
Glorious Revolution of 1688
–
Group portrait of the
Seven Bishops whom James ordered imprisoned in the
Tower of London in 1688, but who were acquitted of charges of
seditious libel.
Glorious Revolution of 1688
–
William III, King of England, Scotland and Ireland, stadtholder of Guelders, Holland, Zealand, Utrecht and Overijssel.
37.
James II of England
–
James II and VII was King of England and Ireland as James II and King of Scotland as James VII, from 6 February 1685 until he was deposed in the Glorious Revolution of 1688. He was the last Roman Catholic monarch of England, Scotland and Ireland, the second surviving son of Charles I, he ascended the throne upon the death of his brother, Charles II. Members of Britains Protestant political elite increasingly suspected him of being pro-French and pro-Catholic and he was replaced by his eldest, Protestant daughter Mary and her husband William of Orange. James made one attempt to recover his crowns from William. After the defeat of the Jacobite forces by the Williamites at the Battle of the Boyne in July 1690 and he lived out the rest of his life as a pretender at a court sponsored by his cousin and ally, King Louis XIV. James, the surviving son of King Charles I and his wife. Later that same year, he was baptised by William Laud and he was educated by private tutors, along with his brother, the future King Charles II, and the two sons of the Duke of Buckingham, George and Francis Villiers. At the age of three, James was appointed Lord High Admiral, the position was honorary, but would become a substantive office after the Restoration. He was designated Duke of York at birth, invested with the Order of the Garter in 1642, as the Kings disputes with the English Parliament grew into the English Civil War, James stayed in Oxford, a Royalist stronghold. When the city surrendered after the siege of Oxford in 1646, in 1648, he escaped from the Palace, aided by Joseph Bampfield, and from there he went to The Hague in disguise. When Charles I was executed by the rebels in 1649, monarchists proclaimed Jamess older brother as Charles II of England, Charles II was recognised as king by the Parliament of Scotland and the Parliament of Ireland, and was crowned King of Scotland at Scone in 1651. Although he was proclaimed King in Jersey, Charles was unable to secure the crown of England and consequently fled to France, like his brother, James sought refuge in France, serving in the French army under Turenne against the Fronde, and later against their Spanish allies. In the French army James had his first true experience of battle where, according to one observer, he ventures himself, in the meantime, Charles was attempting to reclaim his throne, but France, although hosting the exiles, had allied itself with Oliver Cromwell. In 1656, Charles turned instead to Spain – an enemy of France – for support, in consequence, James was expelled from France and forced to leave Turennes army. James quarrelled with his brother over the choice of Spain over France. In 1659, the French and Spanish made peace, James, doubtful of his brothers chances of regaining the throne, considered taking a Spanish offer to be an admiral in their navy. Ultimately, he declined the position, by the year the situation in England had changed. After Richard Cromwells resignation as Lord Protector in 1659 and the subsequent collapse of the Commonwealth in 1660, although James was the heir presumptive, it seemed unlikely that he would inherit the Crown, as Charles was still a young man capable of fathering children
James II of England
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Portrait by
Sir Godfrey Kneller, 1684
James II of England
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Turenne, James's commander in France
James II of England
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James and Anne Hyde in the 1660s, by Sir
Peter Lely
James II of England
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Mary of Modena, James's second wife
38.
Philadelphia Convention
–
The Constitutional Convention took place from May 25 to September 17,1787, in Philadelphia, Pennsylvania. The delegates elected George Washington to preside over the Convention, the result of the Convention was the creation of the United States Constitution, placing the Convention among the most significant events in the history of the United States. Most of the time during the Convention was spent on deciding these issues, while the powers of legislature, executive, once the Convention began, the delegates first agreed on the principles of the Convention, then they agreed on Madisons Virginia Plan and began to modify it. A Committee of Detail assembled during the July 4 recess eventually produced a draft of the constitution. Most of the draft remained in place, and can be found in the final version of the constitution. After the final issues were resolved, the Committee on Style produced the final version, before the Constitution was drafted, the nearly 4 million inhabitants of the 13 newly independent states were governed under the Articles of Confederation, created by the Second Continental Congress. It soon became evident to all that the chronically underfunded Confederation government. As the Articles of Confederation could only be amended by unanimous vote of the states, in addition, the Articles gave the weak federal government no taxing power, it was wholly dependent on the states for its money, and had no power to force delinquent states to pay. Once the immediate task of winning the American Revolutionary War had passed, the states began to look to their own interests, another impetus for the convention was Shays Rebellion. A political conflict between Boston merchants and rural farmers over issues such as property seizures for tax debts had broken out into an open rebellion. This rebellion was led by a former Revolutionary War captain, Daniel Shays, himself a farmer with tax debts. The rebellion took months for Massachusetts to put down completely, in September 1786, at the Annapolis Convention, delegates from five states called for a Constitutional Convention in order to discuss possible improvements to the Articles of Confederation. The Constitutional Convention took place in Philadelphia on May 14,1787, Rhode Island, fearing that the Convention would work to its disadvantage, boycotted the Convention and, when the Constitution was put to the states, initially refused to ratify it. James Madison arrived first, and soon most of the Virginia delegation arrived, while waiting for the other delegates, the Virginia delegation produced the Virginia Plan, which was designed and written by James Madison. On May 25, the delegations convened in the Pennsylvania State House, George Washington was unanimously elected president of the Convention, and it was agreed that the discussions and votes would be kept secret until the conclusion of the meeting. Although William Jackson was elected as secretary, his records were brief, Madisons Notes of Debates in the Federal Convention of 1787, supplemented by the notes of Robert Yates, remain the most complete record of the Convention. Throughout the debate, delegates constantly referred to precedents from history in support of their position, most commonly, they referred to the history of England, in particular the Glorious Revolution, classical history, and recent precedents from Holland and Germany. Outside the Convention in Philadelphia, there was a convening of the Society of the Cincinnati
Philadelphia Convention
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Scene at the Signing of the Constitution of the United States
Philadelphia Convention
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Independence Hall's Assembly Room
Philadelphia Convention
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James Madison, the author of the Virginia Plan
Philadelphia Convention
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Front side of the Virginia Plan
39.
John Yoo
–
John Choon Yoo is a Korean-American attorney, law professor, and author. Yoo is currently the Emanuel S. Heller Professor of Law at the University of California, Berkeley. Previously, he served as an appointee, the Deputy Assistant U. S. Attorney General in the Office of Legal Counsel, Department of Justice. He is best known for his opinions concerning the Geneva Conventions that attempted to legitimize the War on Terror by the United States and he also authored the so-called Torture Memos, which concerned the use of what the Central Intelligence Agency called enhanced interrogation techniques including waterboarding. John Yoo was born Yu Choon on July 10,1967 in Seoul, South Korea and he grew up in Philadelphia, Pennsylvania, where he graduated from the Episcopal Academy in 1985. He earned a B. A. degree summa cum laude in American history from Harvard University in 1989, Yoo was admitted to practice law in Pennsylvania in 1993. He is married to Elsa Arnett, the daughter of journalist Peter Arnett, Yoo was a law clerk for Judge Laurence H. Silberman of the United States Court of Appeals for the District of Columbia Circuit and for Supreme Court Justice Clarence Thomas. He also served as counsel of the Senate Judiciary Committee. Yoo has been a professor at the University of California, Berkeley and he has written two books on presidential power and the war on terrorism, and many articles in scholarly journals and newspapers. Since 2003, Yoo has also been a scholar at the American Enterprise Institute. He writes a column, entitled Closing Arguments, for The Philadelphia Inquirer. He wrote and continues to write academic books including Crisis and Command, Yoo has been principally associated with his work from 2001 to 2003 in the Department of Justices Office of Legal Counsel under Attorney General John Ashcroft during the George W. Bush Administration. Yoos expansive view of power led to a close relationship with Vice President Dick Cheneys office. Yoo argued in his opinion that the president was not bound by the War Crimes Act. In addition, he provided an opinion backing the Bush Administrations warrantless wiretapping program. Yoos legal opinions were not shared by everyone within the Bush Administration, in December 2003, Yoos memo on permissible interrogation techniques, also known as the Bybee memo, was repudiated as legally unsound by the OLC, then under the direction of Jack Goldsmith. In June 2004, another of Yoos memos on interrogation techniques was leaked to the press, after which it was repudiated by Goldsmith and they authorized what were called enhanced interrogation techniques and were issued to the CIA. In addition, at the time the OLC issued a new definition of torture, most actions that fall under the international definition did not fall within this new definition advocated by the U. S
John Yoo
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John Yoo lecturing in 2007
40.
The Federalist Papers
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The Federalist is a collection of 85 articles and essays written by Alexander Hamilton, James Madison, and John Jay promoting the ratification of the United States Constitution. Seventy-seven were published serially in the Independent Journal and the New York Packet between October 1787 and August 1788. and A. McLean, the collections original title was The Federalist, the title The Federalist Papers did not emerge until the 20th century. Though the authors of The Federalist Papers foremost wished to influence the vote in favor of ratifying the Constitution,78, also written by Hamilton, lays the groundwork for the doctrine of judicial review by federal courts of federal legislation or executive acts. Federalist No.70 presents Hamiltons case for a chief executive. 39, Madison presents the clearest exposition of what has come to be called Federalism,51, Madison distils arguments for checks and balances in an essay often quoted for its justification of government as the greatest of all reflections on human nature. Morris, they are an incomparable exposition of the Constitution, a classic in political science unsurpassed in breadth and depth by the product of any later American writer. The Federal Convention sent the proposed Constitution to the Confederation Congress, on September 27,1787, Cato first appeared in the New York press criticising the proposition, Brutus followed on October 18,1787. These and other articles and public letters critical of the new Constitution would eventually become known as the Anti-Federalist Papers, in response, Hamilton decided to launch a measured defense and extensive explanation of the proposed Constitution to the people of the state of New York. Hamilton recruited collaborators for the project and he enlisted John Jay, who after four strong essays, fell ill and contributed only one more essay, Federalist No. He also distilled his case into a pamphlet in the spring of 1788, An Address to the People of the State of New-York, Hamilton cited it approvingly in Federalist No.85. James Madison, present in New York as a Virginia delegate to the Confederation Congress, was recruited by Hamilton and Jay, gouverneur Morris and William Duer were also apparently considered, Morris turned down the invitation, and Hamilton rejected three essays written by Duer. Duer later wrote in support of the three Federalist authors under the name Philo-Publius, or Friend of Publius, Hamilton chose Publius as the pseudonym under which the series would be written. While many other pieces representing both sides of the debate were written under Roman names, Albert Furtwangler contends that Publius was a cut above Caesar or Brutus or even Cato. Publius Valerius was not a defender of the republic but one of its founders. His more famous name, Publicola, meant friend of the people and it was not the first time Hamilton had used this pseudonym, in 1778, he had applied it to three letters attacking fellow Federalist Samuel Chase. Chases patriotism was questioned when Hamilton revealed that Chase had taken advantage of knowledge gained in Congress to try to dominate the flour market. At the time of publication the authorship of the articles was a guarded secret, though astute observers discerned the identities of Hamilton, Madison. Following Hamiltons death in 1804, a list that he had drafted claiming fully two-thirds of the papers for himself became public, including some that seemed more likely the work of Madison
The Federalist Papers
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Title page of the first collection of The Federalist Papers (1788)
The Federalist Papers
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Alexander Hamilton, author of the majority of The Federalist Papers
The Federalist Papers
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An advertisement for The Federalist, 1787, using the pseudonym "Philo-Publius"
The Federalist Papers
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James Madison, Hamilton's major collaborator, later President of the United States and "Father of the Constitution"
41.
Alexander Hamilton
–
Alexander Hamilton was an American statesman and one of the Founding Fathers of the United States. As the first Secretary of the Treasury, Hamilton was the author of the economic policies of the George Washington administration. He took the lead in the funding of the debts by the Federal government, as well as the establishment of a national bank, a system of tariffs. His vision included a central government led by a vigorous executive branch. This was challenged by Virginia agrarians Thomas Jefferson and James Madison who formed a rival party and they favored strong states based in rural America and protected by state militias as opposed to a strong national army and navy. They denounced Hamilton as too friendly toward Britain and toward monarchy in general, Hamilton was born out of wedlock in Charlestown, to a married mother of British and French Huguenot ancestry and a Scottish father. His father, James A. Hamilton, was the son of laird Alexander Hamilton of Grange. Orphaned as a child by his mothers death and his fathers abandonment, Hamilton was taken in by an older cousin and he was recognized for his intelligence and talent, and sponsored by a group of wealthy local men to travel to New York City to pursue his education. Hamilton attended Kings College, choosing to stay in the Thirteen Colonies to seek his fortune, discontinuing his studies before graduating when the college closed its doors during British occupation of the city, Hamilton played a major role in the American Revolutionary War. At the start of the war in 1775, he joined a militia company, in early 1776, he raised a provincial artillery company, to which he was appointed captain. He soon became the aide to General Washington, the American forces commander-in-chief. Hamilton was dispatched by Washington on numerous missions to convey plans to his generals, after the war, Hamilton was elected as a representative to the Congress of the Confederation from New York. He resigned to practice law, and founded the Bank of New York, Hamilton was among those dissatisfied with the weak national government. He led the Annapolis Convention, which successfully influenced Congress to issue a call for the Philadelphia Convention in order to create a new constitution, Hamilton became the leading cabinet member in the new government under President Washington. These programs were funded primarily by a tariff on imports, to overcome localism, Hamilton mobilized a nationwide network of friends of the government, especially bankers and businessmen, which became the Federalist Party. A major issue in the emergence of the American two-party system was the Jay Treaty and it established friendly trade relations with Britain, to the chagrin of France and the supporters of the French Revolution. Hamilton played a role in the Federalist party, which dominated national. In 1795, he returned to the practice of law in New York and he tried to control the policies of President Adams
Alexander Hamilton
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Alexander Hamilton
Alexander Hamilton
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The Hamilton House, Charlestown, Nevis. The current structure was rebuilt from the ruins of the house where Alexander Hamilton was born and lived as a young child.
Alexander Hamilton
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Hamilton in his youth
Alexander Hamilton
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Statue of Hamilton outside Hamilton Hall overlooking Hamilton Lawn at his alma mater,
Columbia University in New York City
42.
Federalist No. 78
–
Federalist No.78 is an essay by Alexander Hamilton, the seventy-eighth of The Federalist Papers. Like all of The Federalist Papers, it was published under the pseudonym Publius, titled The Judiciary Department, Federalist No.78 was published May 28,1788 and first appeared in a newspaper on June 14 of the same year. It was written to explicate and justify the structure of the judiciary under the proposed Constitution of the United States, the Federalist Papers, as a foundation text of constitutional interpretation, are frequently cited by American jurists. Of all the essays, No.78 is the most cited by the justices of the United States Supreme Court, Federalist No.78 quotes Montesquieu, Of the three powers, the judiciary is next to nothing. The Judiciary would depend on the branches to uphold its judgments. Legal academics often argue over Hamiltons description of the judiciary as the least dangerous branch, Hamilton also explains how federal judges should retain life terms as long as those judges exhibit good behavior. Federalist No.78 discusses the power of judicial review and it argues that the federal courts have the duty to determine whether acts of Congress are constitutional and to follow the Constitution when there is inconsistency. Hamilton viewed this as a protection against abuse of power by Congress, in England, a judge can be removed from office upon the address of both Houses of Parliament. Moreover, as the Act of Settlement 1701 was a mere law, similarly, English judges were beholden to Parliament, in the sense that their judgments can be overturned by that body. Brutus took the position that the Constitution should adopt the English system in toto, in England, although most agents of the Crown served at the pleasure of the King, public officials were often granted a life tenure in their offices. The English solution to this problem was to condition the holding of office upon good behavior, as the remedy of the writ of scire facias was available in every one of the colonies, its efficacy as a deterrent against abuse of judicial office was assumed rather than debated. No legislative act, therefore, contrary to the Constitution, can be valid, brutus pointed out that the Constitution did not provide an effective mechanism for controlling judicial caprice, There is no power above them, to control any of their decisions. There is no authority that can remove them, and they cannot be controlled by the laws of the legislature, in short, they are independent of the people, of the legislature, and of every power under heaven. Men placed in this situation will soon feel themselves independent of heaven itself. These sometimes extend no farther than to the injury of the rights of particular classes of citizens, by unjust. Here also the firmness of the magistracy is of vast importance in mitigating the severity. This is a calculated to have more influence upon the character of our governments, than. It appears that Hamilton is relying on the efficacy of the writ of scire facias, Federalist No.78 describes the process of judicial review, in which the federal courts review statutes to determine whether they are consistent with the Constitution and its statutes
Federalist No. 78
–
Alexander Hamilton, author of Federalist No. 78
43.
Anti-federalism
–
Anti-Federalism refers to a movement that opposed the creation of a stronger U. S. federal government and which later opposed the ratification of the 1787 Constitution. The previous constitution, called the Articles of Confederation, gave state governments more authority, led by Patrick Henry of Virginia, Anti-Federalists worried, among other things, that the position of president, then a novelty, might evolve into a monarchy. During the American Revolution and its aftermath, the term federal was applied to any person who supported the colonial union. After the war, the group felt the national government under the Articles was too weak appropriated the name Federalist for themselves. As the Federalists moved to amend the Articles, eventually leading to the Constitutional Convention, the term implied, correctly or not, both opposition to Congress and unpatriotic motives. The Anti-Federalists rejected the term, arguing that they were the true Federalists, in both their correspondence and their local groups they tried to capture the term. For example, an unknown anti-federalist signed his correspondence as A Federal Farmer. However the Federalists carried the day and the name Anti-Federalist forever stuck, some of the opposition believed that the central government under the Articles of Confederation was sufficient. Still others believed that while the government under the Articles was too weak. During the period of debate over the ratification of the Constitution, initially, many of the articles in opposition were written under pseudonyms, such as Brutus, Centinel, and Federal Farmer. Eventually, famous figures such as Patrick Henry came out publicly against the Constitution. They argued that the national government proposed by the Federalists was a threat to the rights of individuals. They objected to the court system created by the proposed constitution. Individualism was the strongest element of opposition, the necessity, or at least the desirability, the Anti-Federalists played upon these feelings in the ratification convention in Massachusetts. By this point, five of the states had ratified the Constitution with relative ease, finally, after long debate, a compromise was reached. Massachusetts would ratify the Constitution with recommended provisions in the instrument that the Constitution be amended with a bill of rights. Four of the five states to ratify, including New Hampshire, Virginia. As a result, once the Constitution became operative in 1789, ten of these amendments were immediately ratified and became known as the Bill of Rights, with one of the other two becoming the 27th Amendment—almost 200 years later
Anti-federalism
–
The
Articles of Confederation: predecessor to the
U.S. Constitution and drafted from Anti-Federalist principles
44.
Hylton v. United States
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Hylton v. United States,3 U. S. The Court concluded that the tax was not a direct tax requiring apportionment among the states by population. The Court noted that a tax on land was an example of a direct tax contemplated by the Constitution, the case is also significant for being the first one heard by the U. S. Supreme Court challenging the constitutionality of an act of Congress. In choosing to uphold the tax, the Court exercised judicial review, while many say that Marbury v. Madison was the first case in which the Supreme Court exercised judicial review, this is not true. Though he was in ill health, he spoke with astonishing ability, and in a most pleasing manner. His speech lasted about three hours, the Justices at the time, rather than issuing a single opinion of the Court, instead issued seriatim opinions, with each writing separately and reading his own analysis in turn. Justice Chase wrote, “As I do not think the tax on carriages is a direct tax…I am for affirming the judgment of the Circuit Court. ”Justice Paterson wrote, “All taxes on expenses or consumption are indirect taxes. A tax on carriages is of this kind, and of course is not a direct tax. I am, therefore, of opinion, that the judgment rendered in the Circuit Court of Virginia ought to be affirmed. ”Justice Iredell wrote, “I am clearly of opinion this is not a tax in the sense of the Constitution, and therefore that the judgment ought to be affirmed. ”And Justice Wilson wrote, I shall now, however, only add. Etc. and is not confined to taxes on importation only, the Courts interpretation of federal taxes on personal property as indirect taxes lasted until the 1895 case of Pollock v. Farmers Loan & Trust Co. Writing for the majority in Pollock, Chief Justice Fuller explained, We are of opinion that taxes on personal property, the Congressional Research Service lists the Hylton decision as having been overruled by the Pollock decision. In 1913 the Sixteenth Amendment was adopted, overruling the Pollock decisions relating to taxes on income from real estate, the Amendment did not address taxes on personal property itself. Writing for the majority in the 1916 case of Brushaber v. Union Pacific Railroad Co, United States as a precedent for deeming the mandate for individuals to buy health insurance contained in the Patient Protection and Affordable Care Act to be constitutional as a tax. List of United States Supreme Court cases, volume 3 National Federation of Independent Business v. Sebelius Ware v. Hylton Frankel, before Marbury, Hylton v. United States and the Origins of Judicial Review. John Marshall, Definer Of A Nation, new York, Henry Holt & Company
Hylton v. United States
–
Supreme Court of the United States
45.
United States Supreme Court Building
–
The Supreme Court Building is the seat of the Supreme Court of the United States and the Judicial Branch thereof. Completed in 1935, it is situated in Washington, D. C. at 1 First Street, NE, the building is under the jurisdiction of the Architect of the Capitol. On May 4,1987, the Supreme Court Building was designated a National Historic Landmark, prior to the establishment of the Federal City, the United States government resided briefly in New York City. As such, the Supreme Court met there during this time in the Merchants Exchange Building, after the federal government moved to Washington, D. C. the court had no permanent meeting location until 1810. In 1810, the Supreme Court first occupied the Old Supreme Court Chamber in the Capitol, as the Senate expanded, it progressively outgrew its quarters. In 1860, the Supreme Court moved to the Old Senate Chamber where it remained until its move to the current Supreme Court building, the court was finally designed by Cass Gilbert, who created many other structures in the United States. The Supreme Court Building is located at 1 First Street, NE and was designed by architect Cass Gilbert and it rises four stories above ground. The cornerstone was laid on October 13,1932, and construction completed in 1935, the Supreme Court Building is built in the Neoclassical style. The public façade is made of marble quarried from Vermont, most of the interior spaces are lined with Alabama marble, except for the Courtroom itself, which is lined with Spanish ivory vein marble. For the Courtrooms 24 columns, Gilbert felt that only the ivory buff and golden marble from the Montarrenti quarries near Siena, Italy would suffice. To this end, in May 1933, he petitioned the Italian Premier, Benito Mussolini, not all the justices were thrilled by the new arrangements, the courtroom in particular. Harlan Fiske Stone complained it was almost bombastically pretentious. Wholly inappropriate for a group of old boys such as the Supreme Court. The New Yorker columnist Howard Brubaker noted at the time of its opening that it had fine big windows to throw the New Deal out of. The west façade of the bears the motto Equal Justice Under Law, while the east façade bears the motto Justice. After the incident, planning was initiated to repair the west façade which includes cleaning, removal of debris, in 2012 scaffolding encased the west façade printed with a full-size photograph of the façade. The project was completed in 2013, the Supreme Court Buildings facilities include, In the basement, maintenance facilities, garage, on-site mailroom. On the first floor, Public information office, the clerks office, on the second floor, the Great Hall, the courtroom, the conference room, and all of the justices chambers except Justice Sotomayor. On the third floor, The office of Justice Sotomayor, the office of the Reporter of Decisions, the office
United States Supreme Court Building
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Supreme Court Building
United States Supreme Court Building
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View of the Supreme Court Building in 1935
United States Supreme Court Building
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Modern view of the Supreme Court Building
United States Supreme Court Building
46.
Supremacy Clause
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It provides that state courts are bound by the supreme law, in case of conflict between federal and state law, the federal law must be applied. Even state constitutions are subordinate to federal law, in essence, it is a conflict-of-laws rule specifying that certain national acts take priority over any state acts that conflict with national law. No matter what the government or the states might wish to do. This makes the Supremacy Clause the cornerstone of the whole American political structure,44, James Madison defends the Supremacy Clause as vital to the functioning of the nation. The constitutional principle derived from the Supremacy Clause is federal preemption, preemption applies regardless of whether the conflicting laws come from legislatures, courts, administrative agencies, or constitutions. Congress has preempted state regulation in many areas, in some cases, such as the 1976 Medical Device Regulation Act, Congress preempted all state regulation. In Ware v. Hylton,3 U. S.199, Virginia had passed a statute during the Revolutionary War allowing the state to confiscate debt payments by Virginia citizens to British creditors. The Supreme Court found that this Virginia statute was inconsistent with the Treaty of Paris with Britain, relying on the Supremacy Clause, the Supreme Court held that the treaty superseded Virginias statute, and that it was the duty of the courts to declare Virginias statute null and void. In McCulloch v. Maryland,17 U. S.316 and this would make the states superior to the federal government. The Court found that this would be inconsistent with the Supremacy Clause, the Court therefore held that Marylands tax on the bank was unconstitutional because the tax violated the Supremacy Clause. The Supreme Court reasoned that because the Supremacy Clause established federal law as the law of the land, in Reid v. Covert,354 U. S.1, the Supreme Court held that the U. S. Constitution supersedes international treaties ratified by the U. S. Senate, in Cooper v. Aaron,358 U. S.1, the Supreme Court rejected attempts by Arkansas to nullify the Courts school desegregation decision, Brown v. Board of Education. The state of Arkansas, acting on a theory of rights, had adopted several statutes designed to nullify the desegregation ruling. The Supreme Court relied on the Supremacy Clause to hold that the federal law controlled and could not be nullified by state statutes or officials. In Edgar v. MITE Corp.457 U. S.624, holland,252 U. S.416, that the Federal governments ability to make treaties is supreme over any state concerns that such treaties might abrogate states rights arising under the Tenth Amendment. The Supreme Court has also held that only specific, unmistakable acts of Congress may be held to trigger the Supremacy Clause, Montana had imposed a 30 percent tax on most sub-bituminous coal mined there. The Commonwealth Edison Company and other utility companies argued, in part, however, in the case of Commonwealth Edison Co. v. Montana,453 U. S.609, the Supreme Court disagreed
Supremacy Clause
–
Constitutional Law
of the United States
47.
Articles of Confederation
–
Its drafting by a committee appointed by the Second Continental Congress began on July 12,1776, and an approved version was sent to the states for ratification on November 15,1777. The Articles of Confederation came into force on March 1,1781, a guiding principle of the Articles was to preserve the independence and sovereignty of the states. The federal government received only those powers which the colonies had recognized as belonging to king, the Articles formed a war-time confederation of states, with an extremely limited central government. Actually the adoption of the Articles made no change in the federal government. That body was now taken over as the Congress of the Confederation, as the governments weaknesses became apparent, especially after Shays Rebellion, individuals began asking for changes to the Articles. Their hope was to create a national government. Initially, some states met to deal with their trade and economic problems, however, as more states became interested in meeting to change the Articles, a meeting was set in Philadelphia on May 25,1787. It was quickly realized that changes would not work, and instead the entire Articles needed to be replaced, on March 4,1789, the general government under the Articles was replaced with the federal government under the Constitution. The new Constitution provided for a stronger federal government by establishing a chief executive, courts. The Articles of Confederation would bear some resemblance to it, over the next two decades, some of the basic concepts it addressed would strengthen and others would weaken, particularly the degree of deserved loyalty to the crown. It was an era of constitution writing—most states were busy at the task—and leaders felt the new nation must have a written constitution, during the war, Congress exercised an unprecedented level of political, diplomatic, military and economic authority. It adopted trade restrictions, established and maintained an army, issued fiat money, created a military code, to transform themselves from outlaws into a legitimate nation, the colonists needed international recognition for their cause and foreign allies to support it. The monarchies of France and Spain in particular could not be expected to aid those they considered rebels against another legitimate monarch, foreign courts needed to have American grievances laid before them persuasively in a “manifesto” which could also reassure them that the Americans would be reliable trading partners. Without such a declaration, Paine concluded, “he custom of all courts is against us, Congress then created three overlapping committees to draft the Declaration, a Model Treaty, and the Articles of Confederation. The committee met repeatedly, and chairman John Dickinson presented their results to the Congress on July 12,1776, there were long debates on such issues as sovereignty, the exact powers to be given the confederate government, whether to have a judiciary, and voting procedures. Under the Articles, the states retained sovereignty over all governmental functions not specifically relinquished to the national government, the individual articles set the rules for current and future operations of the United States government. Article XIII stipulated that their provisions shall be observed by every state. John Dickinsons and Benjamin Franklins handwritten drafts of the Articles of Confederation are housed at the National Archives in Washington, after the war, nationalists, especially those who had been active in the Continental Army, complained that the Articles were too weak for an effective government
Articles of Confederation
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Page I of the Articles of Confederation
Articles of Confederation
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Articles of Confederation 200th Anniversary commemorative stamp First issued in York, Pennsylvania., 1977
Articles of Confederation
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The Act of the Maryland legislature to ratify the Articles of Confederation on February 2, 1781
48.
Australian Communist Party v Commonwealth
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In a general election, held on 10 December 1949, Prime Minister Robert Menzies led a Liberal-Country Party coalition to government pledged to dissolving the Communist Party of Australia. These regulations were invalidated by the High Court in the Jehovahs Witnesses case Before that, the Communist Party Dissolution Bill was brought into the House of Representatives by Prime Minister Menzies on 27 April 1950. To this end, it engaged in activities, the established system of government in Australia and the attainment of economic, industrial or political ends by force. The Bill was subjected to vigorous debate, in the House of Representatives, the Government accepted some Opposition amendments but rejected the Opposition-controlled Senate amendments. A re-drafted Communist Party Dissolution Bill was introduced by Menzies on Thursday,28 September 1950, in his second reading speech, Menzies threatened a double dissolution of Parliament if the Senate again rejected the measure. The Labor Party Opposition allowed it passage through the Senate on 19 October 1950, on the day the Act became law, summonses were issued out of the High Court challenging the validity of the Act. The matter was sent to Justice Dixon who stated a case for the Full Court to consider, when the High Court assembled to hear the matter, the bar table was crowded with the leading names of the Sydney and Melbourne Bars. The Communist Party and its officers and members were represented by Fred Paterson, Ted Laurie, Ted Hill and Max Julius. The unions were represented by combinations of counsel, H V Evatt KC, Simon Isaacs KC, G T A Sullivan, Claude Weston KC, C M Collins. The case began argument on Tuesday,14 November 1950 and continued through a total of 24 sitting days in Sydney concluding submissions on Tuesday,19 December 1950, the Court reserved its decision which was delivered in Melbourne on Friday,9 March 1951. Six of the Justices ruled that the Act was invalid, over the dissent of the Chief Justice John Latham. All seven judges accepted that the Commonwealth had legislative power to deal with subversion, unlike the challenged law, the sedition provisions left questions of guilt to the courts to determine through criminal trials. However, the Communist Party Dissolution Act 1950 had simply declared the Party guilty and had authorised the government to declare individuals or groups of individuals. The Constitution does not allow the judicature to concede the principle that the Parliament can conclusively recite itself into power, in the metaphor used by Fullagar J, a stream cannot rise higher than its source. A power to make laws with respect to lighthouses does not authorize the making of a law with respect to anything which is, in the opinion of the law-maker, in performing the function of judicial review, the judges insist that their role is judicial and not political. In a well-known passage, Justice Wilfred Fullagar expressed this as follows, if the language of an Act of Parliament is clear, its merits and demerits are alike beside the point. It is the law, and that is all, such a law as the Communist Party Dissolution Act could clearly be passed by the Parliament of the United Kingdom or of any of the Australian States. It is only because the power of the Commonwealth Parliament is limited by an instrument emanating from a superior authority that it arises in the case of the Commonwealth Parliament
Australian Communist Party v Commonwealth
49.
Calder v. Bull
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Calder v. Bull,3 U. S.386, is a United States Supreme Court case in which the Court decided four important points of constitutional law. First, the ex post facto clause of the United States Constitution only applies to laws that have at least one of four effects. Every law that makes an action done before the passing of the law, and which was innocent when done, criminal, every law that aggravates a crime, makes it greater than it was, when committed. Every law that changes the punishment, and inflicts a greater punishment, than the law annexed to the crime, when committed. Every law that alters the rules of evidence, and receives less, or different, testimony, than the law required at the time of the commission of the offence. The decision restates this later as laws that create, or aggregate, second, the Supreme Court said it had no authority to decide if an act of a state legislature violated that states constitution. The Supreme Court decision says, this court has no jurisdiction to determine that any law of any state Legislature, third, the Supreme Court said that no man should be compelled to do what the laws do not require, nor to refrain from acts which the laws permit. The Connecticut legislature ordered a new trial in a case about the contents of a will. The holding in this still remains good law, the ex post facto provision of the Constitution applies solely to criminal cases. In this case, the participating Supreme Court judges were, William Cushing, James Iredell, William Paterson, justice Samuel Chase argued that the government has no authority to interfere with an individuals rights, and the general principles of law and reason forbid the legislature from interfering. These acts were legislative judgments, and an exercise of judicial power, with very few exceptions, the advocates of such laws were stimulated by ambition, or personal resentment, and vindictive malice. To prevent such, and similar, acts of violence and injustice, I believe and this case explained the difference between ex post facto laws and retrospective laws, In my opinion, the true distinction is between ex post facto laws, and retrospective laws. Every ex post facto law must necessarily be retrospective, but every retrospective law is not an ex post facto law, The former, only, are prohibited. It should be noted that while this case is good law, nor are challenges made to some retrospective law based on a separation of powers dispute. List of United States Supreme Court cases, volume 3 Rule according to law ^ Full text of decision from Findlaw. com
Calder v. Bull
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Supreme Court of the United States
50.
Stuart v. Laird
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Stuart v. Laird,5 U. S.299, was a case decided by the John Marshall-led U. S. Supreme Court, notably a week after the famous Marbury v. Madison. The case regards a circuit judges judgment, after the job had been abolished by the repeal of the Judiciary Act of 1801. Stuarts lawyer was Charles Lee, who also represented William Marbury, Stuart lost on both accounts, and a dangerous showdown between the legislative and the judicial branches of the US government was averted. The Act established new circuit court judges to hear intermediate appeals, soon after its passage, the statute was invalidated by the Repeal Act of March 8,1802. Federalists attacked the Jeffersonian legislation by arguing that federal judges were appointed for life, the Judiciary Act of 1802 reinstated circuit courts but also resurrected the practice of circuit riding. Many thought the new 1802 Act unconstitutional, including new Chief Justice John Marshall and he argued that justices should not have to preside over circuit courts unless they were commissioned as circuit court judges. Justice Samuel Chase agreed with Marshall, but the other justices did not, with Marshall not participating, Justice William Paterson held for a unanimous Court that Congress had the authority under the Constitution both to establish and to abolish lower federal courts. As a result, Supreme Court justices could rely on district court judges to hear intermediate appeals and this flexibility proved crucial to the demise of circuit riding. By the 1840s, the justices had all but stopped holding circuit courts, scholars such as Bruce Ackerman have pointed to the Courts decision in Stuart v. Laird as part of the opposition Federalist Courts accommodation of the new Jeffersonian political regime. List of United States Supreme Court cases, volume 5 Marbury v. Madison United States courts of appeals United States v, the Failure of the Founding Fathers, Jefferson, Marshall, and the Rise of Presidential Democracy. Cambridge, The Belknap Press of Harvard University, the judicial activism and historical importance of Stuart v. Laird. John Marshall, Definer Of A Nation, new York, Henry Holt & Company. Deciding to Leave, The Politics of Retirement from the United States Supreme Court, james M. OFallon, The Case of Benjamin More, A Lost Episode in the Struggle over Repeal of the 1801 Judiciary Act,11 Law & Hist. ^5 U. S.299 Full text of the courtesy of Findlaw. com. Http, //www. michaelariens. com/ConLaw/cases/stuart. htm Written by a professor at St. Marys University School of Law
Stuart v. Laird
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Supreme Court of the United States
