Commandeering
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Commandeering
Commandeering is an act of appropriation by the military or police whereby they take possession of the property of a member of the public. In the United States In United States law, it also refers to federal government actions which would force a state government to take some action that it otherwise would not take. The US Supreme Court has held that commandeering violates principles designed to prevent either the state or federal governments from becoming too powerful. Writing for the majority in 1997 for '' Printz v. United States'', Justice Antonin Scalia said, " e Federal Government may neither issue directives requiring the States to address particular problems, nor command the States' officers, or those of their political subdivisions, to administer or enforce a federal regulatory program." States derive their protection from commandeering from the Tenth Amendment. Distinction from preemption The Congress may enact federal law that supersedes or '' preempts'' state law. ...
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Tenth Amendment To The United States Constitution
The Tenth Amendment (Amendment X) to the United States Constitution, a part of the Bill of Rights, was ratified on December 15, 1791. It expresses the principle of federalism, also known as states' rights, by stating that the federal government has only those powers delegated to it by the Constitution, and that all other powers not forbidden to the states by the Constitution are reserved to each state. The amendment was proposed by the 1st United States Congress in 1789 during its first term following the adoption of the Constitution. It was considered by many members as a prerequisite before they would ratify the Constitution, and particularly to satisfy demands of Anti-Federalists, who opposed the creation of a stronger federal government. The purpose of this amendment is to clarify how the federal government's powers should be interpreted and to reaffirm the nature of federalism. Justices and commentators have publicly wondered whether the Tenth Amendment retains any leg ...
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Appropriation (law)
In law and government, appropriation (from Latin ''appropriare'', "to make one's own", later "to set aside") is the act of setting apart something for its application to a particular usage, to the exclusion of all other uses. It typically refers to the legislative designation of money for particular uses, in the context of a budget or spending bill. Ecclesiastical law In ecclesiastical law, appropriation is the perpetual annexation of an ecclesiastical benefice to the use of some spiritual corporation, either aggregate or sole. In the Middle Ages in England the custom grew up of the monasteries reserving to their own use the greater part of the tithes of their appropriated benefices, leaving only a small portion to their vicars in the parishes. On the dissolution of the monasteries the rights to collect "great tithes" were often sold off, along with former monastic lands, to laymen; whose successors, known as "lay impropriators" or "lay rectors," still hold them, the system b ...
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Military
A military, also known collectively as armed forces, is a heavily armed, highly organized force primarily intended for warfare. It is typically authorized and maintained by a sovereign state, with its members identifiable by their distinct military uniform. It may consist of one or more military branches such as an army, navy, air force, space force, marines, or coast guard. The main task of the military is usually defined as defence of the state and its interests against external armed threats. In broad usage, the terms ''armed forces'' and ''military'' are often treated as synonymous, although in technical usage a distinction is sometimes made in which a country's armed forces may include both its military and other paramilitary forces. There are various forms of irregular military forces, not belonging to a recognized state; though they share many attributes with regular military forces, they are less often referred to as simply ''military''. A nation's military may ...
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Police
The police are a constituted body of persons empowered by a state, with the aim to enforce the law, to ensure the safety, health and possessions of citizens, and to prevent crime and civil disorder. Their lawful powers include arrest and the use of force legitimized by the state via the monopoly on violence. The term is most commonly associated with the police forces of a sovereign state that are authorized to exercise the police power of that state within a defined legal or territorial area of responsibility. Police forces are often defined as being separate from the military and other organizations involved in the defense of the state against foreign aggressors; however, gendarmerie are military units charged with civil policing. Police forces are usually public sector services, funded through taxes. Law enforcement is only part of policing activity. Policing has included an array of activities in different situations, but the predominant ones are concerned with the pre ...
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Printz V
Printz is a surname and may refer to: People * Armegot Printz (1625–1695), Swedish noblewoman, daughter of Johan Björnsson Printz * David Printz (born 1980), Swedish ice hockey player * Gisèle Printz (born 1933), French politician * Göran Printz-Påhlson (1931-2006), Swedish poet * Johan Björnsson Printz (1592–1663), 17th-century Swedish governor of New Sweden * Mary Printz (1923-2009), American answering service operator * Stefan Printz-Påhlson (born 1950), Danish writer * Wolfgang Printz (1641–1717), German composer Other * Printz Board (born 1982), American musician * Michael L. Printz Award, young adult book award named after a Kansas librarian * '' Printz v. United States'', 1997 US Supreme Court case See also * * Prin (other) * Prince (other) A prince is a member of royalty or of the high aristocracy. Prince or The Prince may also refer to: Places Canada * Prince (electoral district), Prince Edward Island *Prince, Ontario, a township *Pri ...
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Antonin Scalia
Antonin Gregory Scalia (; March 11, 1936 – February 13, 2016) was an American jurist who served as an associate justice of the Supreme Court of the United States from 1986 until his death in 2016. He was described as the intellectual anchor for the originalist and textualist position in the U.S. Supreme Court's conservative wing. For catalyzing an originalist and textualist movement in American law, he has been described as one of the most influential jurists of the twentieth century, and one of the most important justices in the history of the Supreme Court. Scalia was posthumously awarded the Presidential Medal of Freedom in 2018 by President Donald Trump, and the Antonin Scalia Law School at George Mason University was named in his honor. Scalia was born in Trenton, New Jersey. A devout Catholic, he attended Xavier High School before receiving his undergraduate degree from Georgetown University. Scalia went on to graduate from Harvard Law School and spent six ...
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Federal Preemption
In the law of the United States, federal preemption is the invalidation of a U.S. state law that conflicts with federal law. Constitutional basis According to the Supremacy Clause (Article VI, clause 2) of the United States Constitution, This Constitution, and the Laws of the United States which shall be made in Pursuance thereof; and all Treaties made, or which shall be made, under the Authority of the United States, shall be the Supreme law of the land; and the Judges in every State shall be bound thereby, any Thing in the Constitution or Laws of any State to the Contrary notwithstanding. As the Supreme Court stated in '' Altria Group v. Good'', 555 U.S. 70 (2008), a federal law that conflicts with a state law will overtake, or "preempt", that state law: Consistent with that command, we have long recognized that state laws that conflict with federal law are "without effect". '' Maryland v. Louisiana'', 451 U. S. 725, 746 (1981) Although many concurrent powers are subject t ...
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Murphy V
Murphy () ( ga, Ua Murchadha) is an Irish surname and the most common surname in the Republic of Ireland. Origins and variants The surname is a variant of two Irish surnames: "Ó Murchadha"/"Ó Murchadh" (descendant of "Murchadh"), and "Mac Murchaidh"/"Mac Murchadh" (son of "Murchadh") derived from the Irish personal name "Murchadh", which meant sea-warrior or sea-battler (''muir'' meaning sea and ''cath'' meaning battle). It is said of Murrough (Murchadh) as he entered the thick of the fight and prepared to assail the foreign invaders, the Danes, when they had repulsed the Dal-Cais, that 'he was seized with a boiling terrible anger, an excessive elevation and greatness of spirit and mind. A bird of valour and championship rose in him, and fluttered over his head and on his breath. In modern Irish, "Ó Murchú", rather than "Ó Murchadha", is used. "Murphy" is the most common surname in Ireland, the fourteenth most common surname in Northern Ireland, and the fifty-eighth ...
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Legality Of Cannabis
The legality of cannabis for Medical cannabis, medical and Recreational drug use, recreational use varies by country, in terms of its possession, distribution, and cultivation, and (in regards to medical) how it can be consumed and what medical conditions it can be used for. These policies in most countries are regulated by three United Nations treaties: the 1961 Single Convention on Narcotic Drugs, the 1971 Convention on Psychotropic Substances, and the 1988 United Nations Convention Against Illicit Traffic in Narcotic Drugs and Psychotropic Substances, Convention Against Illicit Traffic in Narcotic Drugs and Psychotropic Substances. Since its Removal of cannabis and cannabis resin from Schedule IV of the Single Convention on narcotic drugs, 1961, descheduling in 2020, Cannabis (drug), cannabis is classified as a Schedule I drug under the Single Convention treaty, meaning that signatories can allow medical use but that it is considered to be an addictive drug with a serious r ...
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Federalism In The United States
Federalism in the United States is the constitutional division of power between U.S. state governments and the federal government of the United States. Since the founding of the country, and particularly with the end of the American Civil War, power shifted away from the states and toward the national government. The progression of federalism includes dual, cooperative, and new federalism. Early federalism Federalism is a form of political organization that seeks to distinguish states and unites them, which assigns different types of decision-making power at different levels to allow a degree of political independence in an overarching structure. Federalism was a political solution for the problems with the Articles of Confederation which gave little practical authority to the federal government. For example, the Articles allowed the Continental Congress the power to sign treaties and declare war, but it could not raise taxes to pay for an army and all major decisions req ...
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