Commerce Clause
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Commerce Clause
The Commerce Clause describes an enumerated power listed in the United States Constitution ( Article I, Section 8, Clause 3). The clause states that the United States Congress shall have power "to regulate Commerce with foreign Nations, and among the several States, and with the Indian Tribes". Courts and commentators have tended to discuss each of these three areas of commerce as a separate power granted to Congress. It is common to see the individual components of the Commerce Clause referred to under specific terms: the Foreign Commerce Clause, the Interstate Commerce Clause, and the Indian Commerce Clause. Dispute exists within the courts as to the range of powers granted to Congress by the Commerce Clause. As noted below, it is often paired with the Necessary and Proper Clause, and the combination used to take a more broad, expansive perspective of these powers. During the Marshall Court era (1801–1835), interpretation of the Commerce Clause gave Congress jurisdiction ove ...
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Enumerated Power
The enumerated powers (also called expressed powers, explicit powers or delegated powers) of the United States Congress are the powers granted to the federal government of the United States by the United States Constitution. Most of these powers are listed in Article I, Section 8. In summary, Congress may exercise the powers that the Constitution grants it, subject to the individual rights listed in the Bill of Rights. Moreover, the Constitution expresses various other limitations on Congress, such as the one expressed by the Tenth Amendment: "The powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to the States respectively, or to the people." Historically, Congress and the Supreme Court have broadly interpreted the enumerated powers, especially by deriving many implied powers from them. The enumerated powers listed in Article One include both exclusive federal powers, as well as concurrent powers that are shared wit ...
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Common Law
In law, common law (also known as judicial precedent, judge-made law, or case law) is the body of law created by judges and similar quasi-judicial tribunals by virtue of being stated in written opinions."The common law is not a brooding omnipresence in the sky, but the articulate voice of some sovereign or quasi sovereign that can be identified," ''Southern Pacific Company v. Jensen'', 244 U.S. 205, 222 (1917) (Oliver Wendell Holmes, dissenting). By the early 20th century, legal professionals had come to reject any idea of a higher or natural law, or a law above the law. The law arises through the act of a sovereign, whether that sovereign speaks through a legislature, executive, or judicial officer. The defining characteristic of common law is that it arises as precedent. Common law courts look to the past decisions of courts to synthesize the legal principles of past cases. '' Stare decisis'', the principle that cases should be decided according to consistent principled rules so ...
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Robert Fulton
Robert Fulton (November 14, 1765 – February 24, 1815) was an American engineer and inventor who is widely credited with developing the world's first commercially successful steamboat, the (also known as ''Clermont''). In 1807, that steamboat traveled on the Hudson River with passengers from New York City to Albany and back again, a round trip of , in 62 hours. The success of his steamboat changed river traffic and trade on major American rivers. In 1800, Fulton had been commissioned by Napoleon Bonaparte, leader of France, to attempt to design a submarine; he produced , the first practical submarine in history. Fulton is also credited with inventing some of the world's earliest naval torpedoes for use by the Royal Navy.Best, Nicholas (2005). ''Trafalgar: The Untold Story of the Greatest Sea Battle in History''. London: Phoenix. . Fulton became interested in steam engines and the idea of steamboats in 1777 when he was around age 12 and visited state delegate William Henry o ...
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New York State
New York, officially the State of New York, is a state in the Northeastern United States. It is often called New York State to distinguish it from its largest city, New York City. With a total area of , New York is the 27th-largest U.S. state by area. With 20.2 million people, it is the fourth-most-populous state in the United States as of 2021, with approximately 44% living in New York City, including 25% of the state's population within Brooklyn and Queens, and another 15% on the remainder of Long Island, the most populous island in the United States. The state is bordered by New Jersey and Pennsylvania to the south, and Connecticut, Massachusetts, and Vermont to the east; it has a maritime border with Rhode Island, east of Long Island, as well as an international border with the Canadian provinces of Quebec to the north and Ontario to the northwest. New York City (NYC) is the most populous city in the United States, and around two-thirds of the state's population liv ...
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Gibbons V
Gibbons may refer to: * The plural of gibbon, an ape in the family Hylobatidae * Gibbons (surname) * Gibbons, Alberta * Gibbons (automobile), a British light car of the 1920s * Gibbons P.C., a leading American law firm headquartered in New Jersey * Gibbons, a character from Tom Goes to the Mayor See also * Orlando Gibbons (1583–1625), an English composer * Gibbons v. Ogden, an 1824 United States Supreme Court case * Stanley Gibbons, a company specialising in postage stamps * Cardinal Gibbons High School (Florida), a private high school in Fort Lauderdale, Florida * Gibbon (other) Gibbons are apes in the family Hylobatidae. Gibbon may also refer to: Places *Gibbon, Minnesota, USA *Gibbon, Nebraska, USA *Gibbon, Oregon, USA *Gibbon Bay, South Orkney Islands, Antarctica * Ray Gibbon Drive, St Albert, Canada Other uses * G ... * Justice Gibbons (other) {{disambig ...
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John Marshall
John Marshall (September 24, 1755July 6, 1835) was an American politician and lawyer who served as the fourth Chief Justice of the United States from 1801 until his death in 1835. He remains the longest-serving chief justice and fourth-longest serving justice in the history of the U.S. Supreme Court, and is widely regarded as one of the most influential justices ever to serve. Prior to joining the Court, Marshall served as the fourth U.S. Secretary of State under President John Adams. Marshall was born in Germantown in the Colony of Virginia in 1755. After the outbreak of the American Revolutionary War, he joined the Continental Army, serving in numerous battles. During the later stages of the war, he was admitted to the state bar and won election to the Virginia House of Delegates. Marshall favored the ratification of the U.S. Constitution, and he played a major role in Virginia's ratification of that document. At the request of President Adams, Marshall traveled to France i ...
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A Dictionary Of The English Language
''A Dictionary of the English Language'', sometimes published as ''Johnson's Dictionary'', was published on 15 April 1755 and written by Samuel Johnson. It is among the most influential dictionaries in the history of the English language. There was dissatisfaction with the dictionaries of the period, so in June 1746 a group of London booksellers contracted Johnson to write a dictionary for the sum of 1,500 guineas (£1,575), equivalent to about £ in . Johnson took seven years to complete the work, although he had claimed he could finish it in three. He did so single-handedly, with only clerical assistance to copy the illustrative quotations that he had marked in books. Johnson produced several revised editions during his life. Until the completion of the ''Oxford English Dictionary'' 173 years later, Johnson's was viewed as the pre-eminent English dictionary. According to Walter Jackson Bate, the Dictionary "easily ranks as one of the greatest single achievements of s ...
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Samuel Johnson
Samuel Johnson (18 September 1709  – 13 December 1784), often called Dr Johnson, was an English writer who made lasting contributions as a poet, playwright, essayist, moralist, critic, biographer, editor and lexicographer. The ''Oxford Dictionary of National Biography'' calls him "arguably the most distinguished man of letters in English history". Born in Lichfield, Staffordshire, he attended Pembroke College, Oxford until lack of funds forced him to leave. After working as a teacher, he moved to London and began writing for ''The Gentleman's Magazine''. Early works include ''Life of Mr Richard Savage'', the poems ''London'' and ''The Vanity of Human Wishes'' and the play ''Irene''. After nine years' effort, Johnson's '' A Dictionary of the English Language'' appeared in 1755, and was acclaimed as "one of the greatest single achievements of scholarship". Later work included essays, an annotated ''The Plays of William Shakespeare'', and the apologue ''The History of R ...
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Harvard Journal Of Law And Public Policy
The ''Harvard Journal of Law and Public Policy'' is a law review for conservative and libertarian legal scholarship. It was established by Harvard Law School students Spencer Abraham and Stephen Eberhard in 1978, leading to the founding of the Federalist Society, for which it is the official journal. It is one of the top five most widely circulated law reviews in the United States. Notable alumni include Neil Gorsuch, Ted Cruz, Tom Cotton, Alexander Acosta, Mike Pompeo, David Barron, Rachel Brand, Ron DeSantis, Jennifer Walker Elrod, John K. Bush, Joseph D. Kearney, Kevin Newsom, Gregory G. Katsas, Adrian Vermeule, Orin Kerr, Sarah Isgur, and David Frum. Past authors have included George H. W. Bush, Guido Calabresi, Ted Cruz, Viet D. Dinh, Frank H. Easterbrook, Richard Garnett, Robert P. George, Douglas H. Ginsburg, Lino Graglia, Neil Gorsuch, Alex Kozinski, George L. Priest, William H. Pryor Jr., Neomi Rao, William Rehnquist, Antonin Scalia, Eugene Scalia, Clarence Thoma ...
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James Madison
James Madison Jr. (March 16, 1751June 28, 1836) was an American statesman, diplomat, and Founding Father. He served as the fourth president of the United States from 1809 to 1817. Madison is hailed as the "Father of the Constitution" for his pivotal role in drafting and promoting the Constitution of the United States and the Bill of Rights. Madison was born into a prominent slave-owning planter family in Virginia. He served as a member of the Virginia House of Delegates and the Continental Congress during and after the American Revolutionary War. Unsatisfied with the weak national government established by the Articles of Confederation, he helped organize the Constitutional Convention, which produced a new constitution. Madison's Virginia Plan was the basis for the Convention's deliberations, and he was an influential voice at the convention. He became one of the leaders in the movement to ratify the Constitution, and joined Alexander Hamilton and John Jay in writing '' ...
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Federalist Papers
''The Federalist Papers'' is a collection of 85 articles and essays written by Alexander Hamilton, James Madison, and John Jay under the collective pseudonym "Publius" to promote the ratification of the Constitution of the United States. The collection was commonly known as ''The Federalist'' until the name ''The Federalist Papers'' emerged in the 20th century. The first 77 of these essays were published serially in the '' Independent Journal'', the ''New York Packet'', and ''The Daily Advertiser'' between October 1787 and April 1788. A compilation of these 77 essays and eight others were published in two volumes as ''The Federalist: A Collection of Essays, Written in Favour of the New Constitution, as Agreed upon by the Federal Convention, September 17, 1787'', by publishing firm J. & A. McLean in March and May 1788. The last eight papers (Nos. 78–85) were republished in the New York newspapers between June 14 and August 16, 1788. The authors of ''The Federalist'' intended t ...
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Philadelphia Convention
The Constitutional Convention took place in Philadelphia from May 25 to September 17, 1787. Although the convention was intended to revise the league of states and first system of government under the Articles of Confederation, the intention from the outset of many of its proponents, chief among them James Madison of Virginia and Alexander Hamilton of New York, was to create a new Frame of Government rather than fix the existing one. The delegates elected George Washington of Virginia, former commanding general of the Continental Army in the late American Revolutionary War (1775–1783) and proponent of a stronger national government, to become President of the convention. The result of the convention was the creation of the Constitution of the United States, placing the Convention among the most significant events in American history. The convention took place in the old Pennsylvania State House (now known as Independence Hall) in Philadelphia. At the time, the convention was ...
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