Blyew V. United States
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Blyew V. United States
''Blyew v. United States'' (1871), was a court case that originated in Lewis County, Kentucky, where the U.S. Supreme Court upheld the states right to forbid African Americans to testify against white people. History On August 29, 1868, two white men by the names of John Blyew and George Kennard entered the house of the Foster family, an African American home in Lewis County, Kentucky. The two white men had a female with them, and they were arguing with the Foster family insisting they needed to house the woman. The two white men attacked the family with an axe; four African-Americans died and many were injured, including children. The was a case heard before the U.S. Supreme Court in April 1872 addressing the civil rights of African Americans, as well as states' rights issues. The case involved the testimony of African-American victims of the attack. Kentucky state law prohibited the testimony of a "Negro" against a white man and barred African Americans from serving on juri ...
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Lewis County, Kentucky
Lewis County is a county located in the U.S. state of Kentucky. Its county seat is Vanceburg. History The area presently bounded by Kentucky state lines was a part of the U.S. State of Virginia, known as Kentucky County when the British colonies separated themselves in the American Revolutionary War. In 1780, the Virginia legislature divided the previous Kentucky County into three smaller units: Fayette, Jefferson, and Lincoln. In 1791, this area was separated into the State of Kentucky; it became effective on June 1, 1792. From that time, the original three counties were divided several times. A portion of Fayette County was split off as Bourbon County in 1785; a portion of Bourbon was split off as Mason County in 1788; in 1806 the present Lewis County was split off from Mason. The new county was named for Meriwether Lewis. The county's hilly country, heavily forested, has produced some of the nation's best oak lumber. Lumbering has been the county's principal economic activ ...
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Kentucky
Kentucky ( , ), officially the Commonwealth of Kentucky, is a state in the Southeastern region of the United States and one of the states of the Upper South. It borders Illinois, Indiana, and Ohio to the north; West Virginia and Virginia to the east; Tennessee to the south; and Missouri to the west. Its northern border is defined by the Ohio River. Its capital is Frankfort, and its two largest cities are Louisville and Lexington. Its population was approximately 4.5 million in 2020. Kentucky was admitted into the Union as the 15th state on June 1, 1792, splitting from Virginia in the process. It is known as the "Bluegrass State", a nickname based on Kentucky bluegrass, a species of green grass found in many of its pastures, which has supported the thoroughbred horse industry in the center of the state. Historically, it was known for excellent farming conditions for this reason and the development of large tobacco plantations akin to those in Virginia and North Carolina i ...
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Supreme Court Of The United States
The Supreme Court of the United States (SCOTUS) is the highest court in the federal judiciary of the United States. It has ultimate appellate jurisdiction over all U.S. federal court cases, and over state court cases that involve a point of federal law. It also has original jurisdiction over a narrow range of cases, specifically "all Cases affecting Ambassadors, other public Ministers and Consuls, and those in which a State shall be Party." The court holds the power of judicial review, the ability to invalidate a statute for violating a provision of the Constitution. It is also able to strike down presidential directives for violating either the Constitution or statutory law. However, it may act only within the context of a case in an area of law over which it has jurisdiction. The court may decide cases having political overtones, but has ruled that it does not have power to decide non-justiciable political questions. Established by Article Three of the United States ...
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African Americans
African Americans (also referred to as Black Americans and Afro-Americans) are an ethnic group consisting of Americans with partial or total ancestry from sub-Saharan Africa. The term "African American" generally denotes descendants of enslaved Africans who are from the United States. While some Black immigrants or their children may also come to identify as African-American, the majority of first generation immigrants do not, preferring to identify with their nation of origin. African Americans constitute the second largest racial group in the U.S. after White Americans, as well as the third largest ethnic group after Hispanic and Latino Americans. Most African Americans are descendants of enslaved people within the boundaries of the present United States. On average, African Americans are of West/ Central African with some European descent; some also have Native American and other ancestry. According to U.S. Census Bureau data, African immigrants generally do not se ...
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Civil Rights In The United States
The civil rights movement was a nonviolent social and political movement and campaign from 1954 to 1968 in the United States to abolish legalized institutional racial segregation, discrimination, and disenfranchisement throughout the United States. The movement had its origins in the Reconstruction era during the late 19th century, although it made its largest legislative gains in the 1960s after years of direct actions and grassroots protests. The social movement's major nonviolent resistance and civil disobedience campaigns eventually secured new protections in federal law for the civil rights of all Americans. After the American Civil War and the subsequent abolition of slavery in the 1860s, the Reconstruction Amendments to the United States Constitution granted emancipation and constitutional rights of citizenship to all African Americans, most of whom had recently been enslaved. For a short period of time, African American men voted and held political office, but as time ...
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States' Rights
In American political discourse, states' rights are political powers held for the state governments rather than the federal government according to the United States Constitution, reflecting especially the enumerated powers of Congress and the Tenth Amendment. The enumerated powers that are listed in the Constitution include exclusive federal powers, as well as concurrent powers that are shared with the states, and all of those powers are contrasted with the reserved powers—also called states' rights—that only the states possess. Background The balance of federal powers and those powers held by the states as defined in the Supremacy Clause of the U.S. Constitution was first addressed in the case of '' McCulloch v. Maryland'' (1819). The Court's decision by Chief Justice John Marshall asserted that the laws adopted by the federal government, when exercising its constitutional powers, are generally paramount over any conflicting laws adopted by state governments. After ''Mc ...
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State Law (United States)
In the United States, state law refers to the law of each separate U.S. state. The fifty states are separate sovereigns, with their own state constitutions, state governments, and state courts. All states have a legislative branch which enacts state statutes, an executive branch that promulgates state regulations pursuant to statutory authorization, and a judicial branch that applies, interprets, and occasionally overturns both state statutes and regulations, as well as local ordinances. States retain plenary power to make laws covering anything not preempted by the federal Constitution, federal statutes, or international treaties ratified by the federal Senate. Normally, state supreme courts are the final interpreters of state institutions and state law, unless their interpretation itself presents a federal issue, in which case a decision may be appealed to the U.S. Supreme Court by way of a petition for writ of ''certiorari''. State laws have dramatically diverged in the ce ...
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Federal Judiciary Of The United States
The federal judiciary of the United States is one of the three branches of the federal government of the United States organized under the United States Constitution and laws of the federal government. The U.S. federal judiciary consists primarily of the U.S. Supreme Court, the U.S. Courts of Appeals, and the U.S. District Courts. It also includes a variety of other lesser federal tribunals. Article III of the Constitution requires the establishment of a Supreme Court and permits the Congress to create other federal courts and place limitations on their jurisdiction. Article III states that federal judges are appointed by the president with the consent of the Senate to serve until they resign, are impeached and convicted, or die. Courts All federal courts can be readily identified by the words "United States" (abbreviated to "U.S.") in their official names; no state court may include this designation as part of its name. The federal courts are generally divided between trial ...
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Civil Rights Act Of 1866
The Civil Rights Act of 1866 (, enacted April 9, 1866, reenacted 1870) was the first United States federal law to define citizenship and affirm that all citizens are equally protected by the law. It was mainly intended, in the wake of the American Civil War, to protect the civil rights of persons of African descent born in or brought to the United States. Civil Rights Act of 1866 The Act was passed by Congress in 1866 and vetoed by United States President Andrew Johnson. In April 1866, Congress again passed the bill to support the Thirteenth Amendment, and Johnson again vetoed it, but a two-thirds majority in each chamber overrode the veto to allow it to become law without presidential signature. John Bingham and other congressmen argued that Congress did not yet have sufficient constitutional power to enact this law. Following passage of the Fourteenth Amendment in 1868, Congress ratified the 1866 Act in 1870. Primary objectives, introduction and amendment The act had thr ...
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Noah Swayne
Noah Haynes Swayne (December 7, 1804 – June 8, 1884) was an American jurist and politician. He was the first Republican appointed as a justice to the United States Supreme Court. Birth and early life Swayne was born in Frederick County, Virginia in the uppermost reaches of the Shenandoah Valley, approximately northwest of Washington D.C. He was the youngest of nine children of Joshua Swayne and Rebecca (Smith) Swayne. He was a descendant of Francis Swayne, who emigrated from England in 1710 and settled near Philadelphia. After his father died in 1809, Noah was educated locally until enrolling in Jacob Mendendhall's Academy in Waterford, Virginia, a respected Quaker school 1817–18. He began to study medicine in Alexandria, Virginia, but abandoned this pursuit after his teacher Dr. George Thornton died in 1819. Despite his family having no money to support his continued education, he read law under John Scott and Francis Brooks in Warrenton, Virginia, and was admitted to the ...
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Republican Party (United States)
The Republican Party, also referred to as the GOP ("Grand Old Party"), is one of the two major contemporary political parties in the United States. The GOP was founded in 1854 by anti-slavery activists who opposed the Kansas–Nebraska Act, which allowed for the potential expansion of chattel slavery into the western territories. Since Ronald Reagan's presidency in the 1980s, conservatism has been the dominant ideology of the GOP. It has been the main political rival of the Democratic Party since the mid-1850s. The Republican Party's intellectual predecessor is considered to be Northern members of the Whig Party, with Republican presidents Abraham Lincoln, Rutherford B. Hayes, Chester A. Arthur, and Benjamin Harrison all being Whigs before switching to the party, from which they were elected. The collapse of the Whigs, which had previously been one of the two major parties in the country, strengthened the party's electoral success. Upon its founding, it supported c ...
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Joseph Bradley
Joseph Philo Bradley (March 14, 1813 – January 22, 1892) was an American jurist who served as an associate justice of the Supreme Court of the United States from 1870 to 1892. He was also a member of the Electoral Commission that decided the disputed 1876 United States presidential election. Early life The son of Philo Bradley and Mercy Gardner Bradley, Bradley was born to humble beginnings in Berne, New York. He was the oldest of 12 children. He attended local schools and began teaching at the age of 16. In 1833, the Dutch Reformed Church of Berne advanced Joseph Bradley $250 to study for the ministry at Rutgers University. He graduated in 1836. After graduation, he was made Principal of the Millstone Academy, and decided to study law. He was persuaded by his Rutgers classmate Frederick Theodore Frelinghuysen to join him in Newark and pursue legal studies at the Office of the Collector of the Port of Newark. He was admitted to the bar in 1839. Bradley began in private p ...
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