Habeas Corpus In The United States
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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 ...
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United States Law
The law of the United States comprises many levels of codified and uncodified forms of law, of which the most important is the nation's Constitution, which prescribes the foundation of the federal government of the United States, as well as various civil liberties. The Constitution sets out the boundaries of federal law, which consists of Acts of Congress, treaties ratified by the Senate, regulations promulgated by the executive branch, and case law originating from the federal judiciary. The United States Code is the official compilation and codification of general and permanent federal statutory law. Federal law and treaties, so long as they are in accordance with the Constitution, preempt conflicting state and territorial laws in the 50 U.S. states and in the territories. However, the scope of federal preemption is limited because the scope of federal power is not universal. In the dual sovereign system of American federalism (actually tripartite because of the pres ...
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War On Terrorism
The war on terror, officially the Global War on Terrorism (GWOT), is an ongoing international counterterrorism military campaign initiated by the United States following the September 11 attacks. The main targets of the campaign are militant Islamist and Salafi-Jihadist armed organisations such as Al-Qaeda, the Islamic State and their international affiliates; which are waging military insurgencies to overthrow governments of various Muslim countries. The "war on terror" uses war as a metaphor to describe a variety of actions which fall outside the traditional definition of war taken to eliminate international terrorism. 43rd President of the United States George W. Bush first used the term "war on terrorism" on 16 September 2001, and then "war on terror" a few days later in a formal speech to Congress. Bush indicated the enemy of the war on terror as "a radical network of terrorists and every government that supports them." The initial conflict was aimed at al-Qaeda, with th ...
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Francis Newton Thorpe
Francis Newton Thorpe (1857–1926) was an American legal scholar, historian, political scientist, and Professor of Constitutional History at the University of Pennsylvania. Biography Francis Newton Thorpe was born in the town of Swampscott, Massachusetts on April 16, 1857. He was descended from early settlers of Plymouth, MA and Boston, MA and Litchfield and Norwich, Connecticut. After receiving his primary education at Lake Shore Seminary, he attended Syracuse University and pursued graduate studies at the University of Pennsylvania, where, at the age of 28, he became a University Fellow, holding the title of Professor of American Constitutional History from 1885 to 1898. An active member of the Pennsylvania Historical Society and leading member of the American Historical Association, Thorpe was admitted to the Pennsylvania bar in 1885. He married Marion Haywood Shreve on July 4, 1895. Describing the scholar's personal life, the ''Book News'' added that "In addition to his var ...
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The New York Times
''The New York Times'' (''the Times'', ''NYT'', or the Gray Lady) is a daily newspaper based in New York City with a worldwide readership reported in 2020 to comprise a declining 840,000 paid print subscribers, and a growing 6 million paid digital subscribers. It also is a producer of popular podcasts such as '' The Daily''. Founded in 1851 by Henry Jarvis Raymond and George Jones, it was initially published by Raymond, Jones & Company. The ''Times'' has won 132 Pulitzer Prizes, the most of any newspaper, and has long been regarded as a national " newspaper of record". For print it is ranked 18th in the world by circulation and 3rd in the U.S. The paper is owned by the New York Times Company, which is publicly traded. It has been governed by the Sulzberger family since 1896, through a dual-class share structure after its shares became publicly traded. A. G. Sulzberger, the paper's publisher and the company's chairman, is the fifth generation of the family to head the pa ...
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South Carolina
)''Animis opibusque parati'' ( for, , Latin, Prepared in mind and resources, links=no) , anthem = " Carolina";" South Carolina On My Mind" , Former = Province of South Carolina , seat = Columbia , LargestCity = Charleston , LargestMetro = Greenville (combined and metro) Columbia (urban) , BorderingStates = Georgia, North Carolina , OfficialLang = English , population_demonym = South Carolinian , Governor = , Lieutenant Governor = , Legislature = General Assembly , Upperhouse = Senate , Lowerhouse = House of Representatives , Judiciary = South Carolina Supreme Court , Senators = , Representative = 6 Republicans1 Democrat , postal_code = SC , TradAbbreviation = S.C. , area_rank = 40th , area_total_sq_mi = 32,020 , area_total_km2 = 82,932 , area_land_sq_mi = 30,109 , area_land_km2 = 77,982 , area_water_sq_mi = 1,911 , area_water_km2 = 4,949 , area_water_percent = 6 , population_rank = 23rd , population_as_of = 2022 , 2010Pop = 5282634 , population ...
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Charles Pinckney (governor)
Charles Pinckney (October 26, 1757October 29, 1824) was an American Founding Father, planter, and politician who was a signer of the United States Constitution. He was elected and served as the 37th governor of South Carolina, later serving two more non-consecutive terms. He also served as a U.S. Senator and a member of the House of Representatives. He was first cousin once removed of fellow signer Charles Cotesworth Pinckney. Pinckney's descendants included seven future South Carolina governors, including men related to the Maybank and Rhett families. Early life and education Pinckney was born and educated in Charles Town in the Province of South Carolina. His father, Colonel Charles Pinckney, was a rich lawyer and planter. His mother was Frances Brewton (b. 1733), daughter of a goldsmith and sister of Miles Brewton and Rebecca Brewton Motte, who were both also prominent in Charleston history. His father had signed a loyalty oath to the British after they occupied Char ...
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Constitutional Convention (United States)
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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Henry II Of England
Henry II (5 March 1133 – 6 July 1189), also known as Henry Curtmantle (french: link=no, Court-manteau), Henry FitzEmpress, or Henry Plantagenet, was King of England from 1154 until his death in 1189, and as such, was the first Angevin king of England. King Louis VII of France made him Duke of Normandy in 1150. Henry became Count of Anjou and Maine upon the death of his father, Count Geoffrey V, in 1151. His marriage in 1152 to Eleanor of Aquitaine, former spouse of Louis VII, made him Duke of Aquitaine. He became Count of Nantes by treaty in 1158. Before he was 40, he controlled England; large parts of Wales; the eastern half of Ireland; and the western half of France, an area that was later called the Angevin Empire. At various times, Henry also partially controlled Scotland and the Duchy of Brittany. Henry became politically involved by the age of 14 in the efforts of his mother Matilda, daughter of Henry I of England, to claim the English throne, then occupied b ...
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A History Of The English Speaking Peoples
''A History of the English-Speaking Peoples'' is a four-volume history of Britain and its former colonies and possessions throughout the world, written by Winston Churchill, covering the period from Caesar's invasions of Britain (55 BC) to the end of the Second Boer War (1902). It was started in 1937 and finally published 1956–1958, delayed several times by war and his work on other texts. The volumes have been abridged into a single-volume, concise edition. Writing and publishing Churchill, who excelled in the study of history as a child and whose mother was American, had a firm belief in a so-called "special relationship" between the people of Britain and its Commonwealth (Australia, Canada, New Zealand, South Africa, etc.) united under the Crown, and the people of the United States who had broken with the Crown and gone their own way. His book thus dealt with the resulting two divisions of the "English-speaking peoples". At the independent suggestions of British publisher N ...
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English Common Law
English law is the common law legal system of England and Wales, comprising mainly criminal law and civil law, each branch having its own courts and procedures. Principal elements of English law Although the common law has, historically, been the foundation and prime source of English law, the most authoritative law is statutory legislation, which comprises Acts of Parliament, regulations and by-laws. In the absence of any statutory law, the common law with its principle of '' stare decisis'' forms the residual source of law, based on judicial decisions, custom, and usage. Common law is made by sitting judges who apply both statutory law and established principles which are derived from the reasoning from earlier decisions. Equity is the other historic source of judge-made law. Common law can be amended or repealed by Parliament. Not being a civil law system, it has no comprehensive codification. However, most of its criminal law has been codified from its common law o ...
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Winston Churchill
Sir Winston Leonard Spencer Churchill (30 November 187424 January 1965) was a British statesman, soldier, and writer who served as Prime Minister of the United Kingdom twice, from 1940 to 1945 Winston Churchill in the Second World War, during the Second World War, and again from 1951 to 1955. Apart from two years between 1922 and 1924, he was a Member of Parliament (United Kingdom), Member of Parliament (MP) from 1900 to 1964 and represented a total of five UK Parliament constituency, constituencies. Ideologically an Economic liberalism, economic liberal and British Empire, imperialist, he was for most of his career a member of the Conservative Party (UK), Conservative Party, which he led from 1940 to 1955. He was a member of the Liberal Party (UK), Liberal Party from 1904 to 1924. Of mixed English and American parentage, Churchill was born in Oxfordshire to Spencer family, a wealthy, aristocratic family. He joined the British Army in 1895 and saw action in British Raj, Br ...
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Habeas Corpus Act 1679
The Habeas Corpus Act 1679 is an Act of Parliament in England (31 Cha. 2 c. 2) during the reign of King Charles II. It was passed by what became known as the Habeas Corpus Parliament to define and strengthen the ancient prerogative writ of ''habeas corpus'', which required a court to examine the lawfulness of a prisoner's detention and thus prevent unlawful or arbitrary imprisonment. Earlier and subsequent history The Act is often wrongly described as the origin of the writ of ''habeas corpus''. But the writ of ''habeas corpus'' had existed in various forms in England for at least five centuries before and is thought to have originated in the Assize of Clarendon of 1166. It was guaranteed, but not created, by Magna Carta in 1215, whose article 39 reads (translated from Latin): "No freeman shall be taken or imprisoned or disseised or exiled or in any way destroyed, nor will we go upon him nor will we send upon him except upon the lawful judgement of his peers or the law of the ...
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