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Federalist 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; it is the first of six essays by Hamilton on this issue. In particular, it addresses concerns by the Anti-Federalists over the scope and power of the federal judiciary, which would have comprised unelected, politically insulated judges that would be appointed for life. ''The Federalist Papers'', as a foundation text of constitutional interpretation, are frequently cited by U.S. jurists, but are not law. Of all the essays, No. 78 is the most cited by the justices of the United States Supreme Court. Federalist No. 78 quotes Mont ...
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Alexander Hamilton Portrait By John Trumbull 1806
Alexander is a male given name. The most prominent bearer of the name is Alexander the Great, the king of the Ancient Greek kingdom of Macedonia (ancient kingdom), Macedonia who created one of the largest empires in ancient history. Variants listed here are Aleksandar, Aleksander and Aleksandr. Related names and diminutives include Iskandar, Alec, Alek, Alex, Alexandre (given name), Alexandre, Aleks (given name), Aleks, Aleksa (given name), Aleksa and Sander (name), Sander; feminine forms include Alexandra, Alexandria (given name), Alexandria, and Sasha (name), Sasha. Etymology The name ''Alexander'' originates from the (; 'defending men' or 'protector of men'). It is a compound of the verb (; 'to ward off, avert, defend') and the noun (, genetive, genitive: , ; meaning 'man'). It is an example of the widespread motif of Greek names expressing "battle-prowess", in this case the ability to withstand or push back an enemy shield wall, battle line. The earliest Attested langua ...
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Life Tenure
A life tenure or service during good behaviour is a term of office that lasts for the office holder's lifetime, unless the office holder is removed from office for cause under misbehaving in office, extraordinary circumstances or decides personally to resign. Some judges and members of upper chambers (e.g., senators for life) have life tenure. The primary goal of life tenure is to insulate the officeholder from external pressures. Certain heads of state, such as monarchs and presidents for life, are also given life tenure. United States federal judges have life tenure once appointed by the president and confirmed by the Senate. In some cases, life tenure lasts only until a mandatory retirement age. For example, Canadian senators are appointed for life, but are forced to retire at 75. Likewise, many judges, including Justices of the Supreme Court of the United Kingdom, have life tenure but must retire at 70. Life tenure also exists in various religious organizations. The Pope, ...
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1788 In Law
Events January–March * January 1 – The first edition of ''The Times'', previously ''The Daily Universal Register'', is published in London. * January 2 – Georgia (U.S. state), Georgia ratifies the United States Constitution, and becomes the fourth U.S. state under the new government. * January 9 – Connecticut ratifies the United States Constitution, and becomes the fifth U.S. state. * January 18 – The leading ship (armed tender HMS Supply (1759), HMS ''Supply'') in Captain Arthur Phillip's First Fleet arrives at Botany Bay, to colonise Australia. * January 22 – the Continental Congress, Congress of the Confederation, effectively a caretaker government until the United States Constitution can be ratified by at least nine of the 13 states, elects Cyrus Griffin as its last President of the Continental Congress, president.''Harper's Encyclopaedia of United States History from 458 A. D. to 1909'', ed. by Benson John Lossing and, Woodrow Wilson (Harper & Brothers, ...
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Federalist Papers By Alexander Hamilton
The term ''federalist'' describes several political beliefs around the world. It may also refer to the concept of parties, whose members or supporters called themselves ''Federalists''. History Europe federation In Europe, proponents of deeper European integration are sometimes called Federalists. A major European NGO and advocacy group campaigning for such a political union is the Union of European Federalists. Movements towards a peacefully unified European state have existed since the 1920s, notably the Paneuropean Union. A pan-European party with representation in the European Parliament fighting for the same cause is Volt Europa. In the European Parliament the Spinelli Group brings together MEPs from different political groups to work together of ideas and projects of European federalism; taking their name from Italian politician and MEP Altiero Spinelli, who himself was a major proponent of European federalism, also meeting with fellow deputies in the Crocodile Club. ...
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Congress
A congress is a formal meeting of the representatives of different countries, constituent states, organizations, trade unions, political parties, or other groups. The term originated in Late Middle English to denote an encounter (meeting of adversaries) during battle, from the Latin '' congressus''. Political congresses International relations The following congresses were formal meetings of representatives of different nations: *The Congress of Aix-la-Chapelle (1668), which ended the War of Devolution *The Congress of Aix-la-Chapelle (1748), which ended the War of the Austrian Succession *The Congress of Aix-la-Chapelle (1818) *The Congress of Berlin (1878), which settled the Eastern Question after the Russo-Turkish War (1877–1878) *The Congress of Gniezno (1000) *The Congress of Laibach (1821) *The Congress of Panama, an 1826 meeting organized by Simón Bolívar *The Congress of Paris (1856), which ended the Crimean War *The Congress of Troppau (1820) *The Congress of Tu ...
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Marbury V
Marbury may refer to: Places *Marbury, Cheshire, United Kingdom *Marbury, Alabama, United States *Marbury, Maryland, United States Other *Marbury (surname) *Justice Marbury (other) *Marbury Hall (other) Marbury Hall may refer to: * Marbury Hall, Anderton with Marbury Marbury Hall was a country house in Marbury, near Northwich, Cheshire, England. Several houses existed on the site from the 13th century, which formed the seat successively of ... * Marbury School (other) * {{disambig, geo, surname ...
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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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Judicial Review In The United States
In the United States, judicial review is the legal power of a court to determine if a statute, treaty, or administrative regulation contradicts or violates the provisions of existing law, a State Constitution, or ultimately the United States Constitution. While the U.S. Constitution does not explicitly define the power of judicial review, the authority for judicial review in the United States has been inferred from the structure, provisions, and history of the Constitution. Two landmark decisions by the U.S. Supreme Court served to confirm the inferred constitutional authority for judicial review in the United States. In 1796, '' Hylton v. United States'' was the first case decided by the Supreme Court involving a direct challenge to the constitutionality of an act of Congress, the Carriage Act of 1794 which imposed a "carriage tax". The Court performed judicial review of the plaintiff's claim that the carriage tax was unconstitutional. After review, the Supreme Court decided ...
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Eleventh Amendment To The United States Constitution
The Eleventh Amendment (Amendment XI) is an amendment to the United States Constitution which was passed by Congress on March 4, 1794, and ratified by the states on February 7, 1795. The Eleventh Amendment restricts the ability of individuals to bring suit against states in federal court. The Eleventh Amendment was adopted to overrule the Supreme Court's decision in ''Chisholm v. Georgia'' (1793). In that case, the Court held that states did not enjoy sovereign immunity from suits made by citizens of other states in federal court. While the Eleventh Amendment established that federal courts do not have the authority to hear cases brought by private parties against a state of which they are not citizens, the Supreme Court has ruled the amendment to apply to all federal suits against states brought by private parties. The Supreme Court has also held that Congress can abrogate state sovereign immunity when using its authority under Section5 of the Fourteenth Amendment and that ...
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Commentaries On The Laws Of England
The ''Commentaries on the Laws of England'' are an influential 18th-century treatise on the common law of England by Sir William Blackstone, originally published by the Clarendon Press at Oxford, 1765–1770. The work is divided into four volumes, on the rights of persons, the rights of things, of private wrongs and of public wrongs. The ''Commentaries'' were long regarded as the leading work on the development of English law and played a role in the development of the American legal system. They were in fact the first methodical treatise on the common law suitable for a lay readership since at least the Middle Ages. The common law of England has relied on precedent more than statute and codifications and has been far less amenable than the civil law, developed from the Roman law, to the needs of a treatise. The ''Commentaries'' were influential largely because they were in fact readable, and because they met a need. The ''Commentaries'' are often quoted as the definitive ...
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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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William Blackstone
Sir William Blackstone (10 July 1723 – 14 February 1780) was an English jurist, judge and Tory politician of the eighteenth century. He is most noted for writing the ''Commentaries on the Laws of England''. Born into a middle-class family in London, Blackstone was educated at Charterhouse School before matriculating at Pembroke College, Oxford, in 1738. After switching to and completing a Bachelor of Civil Law degree, he was made a fellow of All Souls College, Oxford, on 2 November 1743, admitted to Middle Temple, and called to the Bar there in 1746. Following a slow start to his career as a barrister, Blackstone became heavily involved in university administration, becoming accountant, treasurer and bursar on 28 November 1746 and Senior Bursar in 1750. Blackstone is considered responsible for completing the Codrington Library and Warton Building, and simplifying the complex accounting system used by the college. On 3 July 1753 he formally gave up his practice as a barris ...
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