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Criminal Law In The Waite Court
During the tenure of Morrison Waite as Chief Justice of the Supreme Court of the United States (March 4, 1874 through March 23, 1888), the Supreme Court heard an unprecedented volume and frequency of criminal cases. In just fourteen years, the Court heard 106 criminal cases, almost as many cases as the Supreme Court had heard in the period from its creation to the appointment of Waite as Chief Justice. Notable cases include ''United States v. Cruikshank'' (1875), ''United States v. Reese'' (1875), '' Reynolds v. United States'' (1878), ''Wilkerson v. Utah'' (1879), the ''Trade-Mark Cases'' (1879), '' Strauder v. West Virginia'' (1880), ''Pace v. Alabama'' (1883), '' United States v. Harris'' (1883), '' Ex parte Crow Dog'' (1883), '' Hurtado v. California'' (1884), ''Clawson v. United States'' (1885), ''Yick Wo v. Hopkins'' (1886), '' United States v. Kagama'' (1886), ''Ker v. Illinois'' (1886), and ''Mugler v. Kansas'' (1887). The Waite Court decided many issues of first impres ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Chief Justice Morrison Waite
Chief may refer to: Title or rank Military and law enforcement * Chief master sergeant, the ninth, and highest, enlisted rank in the U.S. Air Force and U.S. Space Force * Chief of police, the head of a police department * Chief of the boat, the senior enlisted sailor on a U.S. Navy submarine * Chief petty officer, a non-commissioned officer or equivalent in many navies * Chief warrant officer, a military rank Other titles * Chief of the Name, head of a family or clan * Chief mate, or Chief officer, the highest senior officer in the deck department on a merchant vessel * Chief of staff, the leader of a complex organization * Fire chief, top rank in a fire department * Scottish clan chief, the head of a Scottish clan * Tribal chief, a leader of a tribal form of government * Chief, IRS-CI, the head and chief executive of U.S. Internal Revenue Service, Criminal Investigation Places * Chief Mountain, Montana, United States * Stawamus Chief or the Chief, a granite dome in ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Mormonism And Polygamy
Polygamy (called plural marriage by Latter-day Saints in the 19th century or the Principle by modern fundamentalist practitioners of polygamy) was practiced by leaders of the Church of Jesus Christ of Latter-day Saints (LDS Church) for more than half of the 19th century, and practiced publicly from 1852 to 1890 by between 20 and 30 percent of Latter-day Saint families. Today, various denominations of fundamentalist Mormonism continue to practice polygamy. The Latter-day Saints' practice of polygamy has been controversial, both within Western society and the LDS Church itself. The U.S. was both fascinated and horrified by the practice of polygamy, with the Republican platform at one time referencing "the twin relics of barbarism—polygamy and slavery." The private practice of polygamy was instituted in the 1830s by founder Joseph Smith. The public practice of plural marriage by the church was announced and defended in 1852 by a member of the Quorum of the Twelve Apostles, Orson ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Dormant Commerce Clause
The Dormant Commerce Clause, or Negative Commerce Clause, in American constitutional law, is a legal doctrine that courts in the United States have inferred from the Commerce Clause in Article I of the United States Constitution, Article I of the US Constitution. The primary focus of the doctrine is barring state Protectionism in the United States, protectionism. The Dormant Commerce Clause is used to prohibit state legislation that discriminates against, or unduly burdens, interstate or International trade, international commerce. Courts first determine whether a state regulation discriminates on its face against interstate commerce or whether it has the purpose or effect of discriminating against interstate commerce. If the statute is discriminatory, the state has the burden to justify both the local benefits flowing from the statute and to show the state has no other means of advancing the legitimate local purpose. For example, it is lawful for Michigan to List of food labeling r ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Judiciary Act Of 1789
The Judiciary Act of 1789 (ch. 20, ) was a United States federal statute enacted on September 24, 1789, during the first session of the First United States Congress. It established the federal judiciary of the United States. Article III, Section 1 of the Constitution prescribed that the "judicial power of the United States, shall be vested in one Supreme Court, and such inferior Courts" as Congress saw fit to establish. It made no provision for the composition or procedures of any of the courts, leaving this to Congress to decide. 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 a potential instrument of national tyranny. Indeed, of the ten amendments that eventually became the Bill of Rights, five (the fourth through the eighth) dealt primarily with judicial proceedings. Even after ratification, some opponents of a strong judiciary urged th ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Revised Statutes Of The United States
The Revised Statutes of the United States (in citations, Rev. Stat.) was the first official codification of the Acts of Congress. It was enacted into law in 1874. The purpose of the ''Revised Statutes'' was to make it easier to research federal law without needing to consult the individual Acts of Congress published in the United States Statutes at Large. After problems were quickly identified in the first edition, a second edition of the ''Revised Statutes'' was issued in 1878 that remedied some of those problems. However, for the next 50 years, subsequent Acts of Congress were not regularly incorporated into the ''Revised Statutes'', once again requiring researchers to use the Statutes at Large or unofficial codes. This eventually led to the creation of the United States Code in 1926, which is now regularly maintained and updated. Background For nearly nine decades after the United States Constitution was ratified, those needing to research federal law had no official codific ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Habeas Corpus In The United States
In United States law, ''habeas corpus'' () is a recourse challenging the reasons or conditions of a person's confinement under color of law. A petition for ''habeas corpus'' is filed with a court that has jurisdiction over the custodian, and if granted, a writ is issued directing the custodian to bring the confined person before the court for examination into those reasons or conditions. The Suspension Clause of the United States Constitution specifically included the English common law procedure in Article One, Section 9, clause 2, which demands that "The privilege of the writ of ''habeas corpus'' shall not be suspended, unless when in cases of rebellion or invasion the public safety may require it." United States law affords persons the right to petition the federal courts for a writ of ''habeas corpus''. Individual states also afford persons the ability to petition their own state court systems for ''habeas corpus'' pursuant to their respective constitutions and laws when ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Removal Jurisdiction
In the United States, removal jurisdiction allows a defendant to move a civil action filed in a state court to the United States district court in the federal judicial district in which the state court is located. A federal statute governs removal. Generally, removal jurisdiction exists only if, at the time plaintiff filed the action in state court, the federal court had a basis for exercising subject-matter jurisdiction over the action, such as diversity of citizenship of the parties or where plaintiff's action involves a claim under federal law. If removal is based solely on diversity of citizenship, removal jurisdiction does not exist if any properly joined and served defendant is a citizen of the state in which the action is pending. Where removal jurisdiction exists, the defendant may remove the action to federal court by filing a notice of removal in the federal district court within 30 days after receiving the complaint. The defendant must file a copy of the notice of r ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Fourth Amendment To The United States Constitution
The Fourth Amendment (Amendment IV) to the United States Constitution is part of the Bill of Rights. It prohibits unreasonable searches and seizures. In addition, it sets requirements for issuing warrants: warrants must be issued by a judge or magistrate, justified by probable cause, supported by oath or affirmation, and must particularly describe the place to be searched and the persons or things to be seized. Fourth Amendment case law deals with three main issues: what government activities are "searches" and "seizures," what constitutes probable cause to conduct searches and seizures, and how to address violations of Fourth Amendment rights. Early court decisions limited the amendment's scope to physical intrusion of property or persons, but with ''Katz v. United States'' (1967), the Supreme Court held that its protections extend to intrusions on the privacy of individuals as well as to physical locations. A warrant is needed for most search and seizure activities, but the ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Equal Protection Clause
The Equal Protection Clause is part of the first section of the Fourteenth Amendment to the United States Constitution. The clause, which took effect in 1868, provides "''nor shall any State ... deny to any person within its jurisdiction the equal protection of the laws.''" It mandates that individuals in similar situations be treated equally by the law. A primary motivation for this clause was to validate the equality provisions contained in the Civil Rights Act of 1866, which guaranteed that all citizens would have the guaranteed right to equal protection by law. As a whole, the Fourteenth Amendment marked a large shift in American constitutionalism, by applying substantially more constitutional restrictions against the states than had applied before the American Civil War, Civil War. The meaning of the Equal Protection Clause has been the subject of much debate, and inspired the well-known phrase "Equal justice under law, Equal Justice Under Law". This clause was the basis for ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
United States Constitutional Criminal Procedure
The United States Constitution contains several provisions regarding the law of criminal procedure. Petit jury and venue provisions—both traceable to enumerated complaints in the Declaration of Independence—are included in Article Three of the United States Constitution. More criminal procedure provisions are contained in the United States Bill of Rights, specifically the Fifth, Sixth, Seventh and Eighth Amendments. With the exception of the Grand Jury Clause of the Fifth Amendment, the Vicinage Clause of the Sixth Amendment, and (maybe) the Excessive Bail Clause of the Eighth Amendment, all of the criminal procedure provisions of the Bill of Rights have been incorporated to apply to the state governments. Several of these rights regulate pre-trial procedure: access to a non-excessive bail, the right to indictment by a grand jury, the right to an information (charging document), the right to a speedy trial, and the right to be tried in a specific venue. Several ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Grand Juries In The United States
Grand juries in the United States are groups of citizens empowered by United States federal or state law to conduct legal proceedings, chiefly investigating potential criminal conduct and determining whether criminal charges should be brought. The grand jury originated under the law of England and spread through colonization to other jurisdictions as part of the common law. Today, however, the United States is one of only two jurisdictions, along with Liberia, that continues to use the grand jury to screen criminal indictments. Generally speaking, a grand jury may issue an indictment for a crime, also known as a "true bill," only if it verifies that those presenting had probable cause to believe that a crime has been committed by a criminal suspect. Unlike a petit jury, which resolves a particular civil or criminal case, a grand jury (typically having twelve to twenty-three members) serves as a group for a sustained period of time in all or many of the cases that come up in the j ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
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