In Re Kansas Indians
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In Re Kansas Indians
''In re Kansas Indians'', 72 U.S. (5 Wall.) 737 (1867), was a United States Supreme Court case in which the Court held that the state of Kansas was not authorized to levy taxes on, and seize for forfeiture, lands which are set aside for Indian tribes by the United States government, under treaty or otherwise. Background The ''Kansas Indians'' case developed from three separate cases. Both Kansas and New York tried to tax the land of individual Indians. The Shawnee tribe moved to Kansas from Ohio and Missouri from 1825 to 1831, and were not to be considered part of the land of any state. In 1854, the tribe partitioned the land among its members, with the restriction that the land could not be sold without the permission of the United States. The Wea tribe was in a similar position, as was the Miami tribe. In all three cases, the local counties levied property taxes on land belonging to members of the tribe, and the tribes objected. The Kansas Supreme Court heard two of t ...
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John William Wallace
John William Wallace (February 17, 1815 – January 12, 1884) was an American lawyer and the seventh reporter of decisions of the United States Supreme Court, serving from 1863 to 1874. Born in Philadelphia, he graduated from the University of Pennsylvania in 1833 and studied law under his father and John Sergeant. He was admitted to the Philadelphia bar in 1836. While librarian to the Law Association of Philadelphia, he compiled three volumes of decisions of the Third Circuit Court of Appeals The United States Court of Appeals for the Third Circuit (in case citations, 3d Cir.) is a federal court with appellate jurisdiction over the district courts for the following districts: * District of Delaware * District of New Jersey * E ..., which sat in that city. He wrote The Reporters on English reporters and cases, first as an article in the ''American Law Magazine'' (1844), and then as a book in multiple editions (1845, 1855, 1882) that made his reputation. His twenty-thr ...
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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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Kansas
Kansas () is a state in the Midwestern United States. Its capital is Topeka, and its largest city is Wichita. Kansas is a landlocked state bordered by Nebraska to the north; Missouri to the east; Oklahoma to the south; and Colorado to the west. Kansas is named after the Kansas River, which in turn was named after the Kansa Native Americans who lived along its banks. The tribe's name (natively ') is often said to mean "people of the (south) wind" although this was probably not the term's original meaning. For thousands of years, what is now Kansas was home to numerous and diverse Native American tribes. Tribes in the eastern part of the state generally lived in villages along the river valleys. Tribes in the western part of the state were semi-nomadic and hunted large herds of bison. The first Euro-American settlement in Kansas occurred in 1827 at Fort Leavenworth. The pace of settlement accelerated in the 1850s, in the midst of political wars over the slavery debate. Wh ...
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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 popul ...
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Shawnee
The Shawnee are an Algonquian-speaking indigenous people of the Northeastern Woodlands. In the 17th century they lived in Pennsylvania, and in the 18th century they were in Pennsylvania, Ohio, Indiana and Illinois, with some bands in Kentucky and Alabama. By the 19th century, they were forcibly removed to Missouri, Kansas, Texas, and ultimately Indian Territory, which became Oklahoma under the 1830 Indian Removal Act. Today, Shawnee people are enrolled in three federally recognized tribes, all headquartered in Oklahoma: the Absentee-Shawnee Tribe of Indians, Eastern Shawnee Tribe of Oklahoma, and Shawnee Tribe. Etymology Shawnee has also been written as Shaawanwaki, Ša·wano·ki, Shaawanowi lenaweeki, and Shawano. Algonquian languages have words similar to the archaic ''shawano'' (now: ''shaawanwa'') meaning "south". However, the stem ''šawa-'' does not mean "south" in Shawnee, but "moderate, warm (of weather)": See Charles F. Voegelin, "šawa (plus -ni, -te) MODERATE, WARM ...
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Ohio
Ohio () is a state in the Midwestern region of the United States. Of the fifty U.S. states, it is the 34th-largest by area, and with a population of nearly 11.8 million, is the seventh-most populous and tenth-most densely populated. The state's capital and largest city is Columbus, with the Columbus metro area, Greater Cincinnati, and Greater Cleveland being the largest metropolitan areas. Ohio is bordered by Lake Erie to the north, Pennsylvania to the east, West Virginia to the southeast, Kentucky to the southwest, Indiana to the west, and Michigan to the northwest. Ohio is historically known as the "Buckeye State" after its Ohio buckeye trees, and Ohioans are also known as "Buckeyes". Its state flag is the only non-rectangular flag of all the U.S. states. Ohio takes its name from the Ohio River, which in turn originated from the Seneca word ''ohiːyo'', meaning "good river", "great river", or "large creek". The state arose from the lands west of the Appalachian Mountai ...
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Missouri
Missouri is a U.S. state, state in the Midwestern United States, Midwestern region of the United States. Ranking List of U.S. states and territories by area, 21st in land area, it is bordered by eight states (tied for the most with Tennessee): Iowa to the north, Illinois, Kentucky and Tennessee to the east, Arkansas to the south and Oklahoma, Kansas and Nebraska to the west. In the south are the Ozarks, a forested highland, providing timber, minerals, and recreation. The Missouri River, after which the state is named, flows through the center into the Mississippi River, which makes up the eastern border. With more than six million residents, it is the List of U.S. states and territories by population, 19th-most populous state of the country. The largest urban areas are St. Louis, Kansas City, Missouri, Kansas City, Springfield, Missouri, Springfield and Columbia, Missouri, Columbia; the Capital city, capital is Jefferson City, Missouri, Jefferson City. Humans have inhabited w ...
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Miami People
The Miami (Miami-Illinois: ''Myaamiaki'') are a Native American nation originally speaking one of the Algonquian languages. Among the peoples known as the Great Lakes tribes, they occupied territory that is now identified as North-central Indiana, southwest Michigan, and western Ohio. The Miami were historically made up of several prominent subgroups, including the Piankeshaw, Wea, Pepikokia, Kilatika, Mengakonkia, and Atchakangouen. In modern times, Miami is used more specifically to refer to the Atchakangouen. By 1846, most of the Miami had been forcefully displaced to Indian Territory (initially to what is now Kansas, and later to what is now part of Oklahoma). The Miami Tribe of Oklahoma are the federally recognized tribe of Miami Indians in the United States. The Miami Nation of Indiana, a nonprofit organization of descendants of Miamis who were exempted from removal, have unsuccessfully sought separate recognition. Name The name Miami derives from ''Myaamia'' (plural ''M ...
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Kansas Supreme Court
The Kansas Supreme Court is the highest judicial authority in the state of Kansas. Composed of seven justices, led by Chief Justice Marla Luckert, the court supervises the legal profession, administers the judicial branch, and serves as the state court of last resort in the appeals process. Functions Judicial The Kansas Supreme Court's most important duty is being the state court of last resort and the highest judicial authority in the state of Kansas. The Court rarely conducts a trial. Its judicial responsibilities include hearing direct appeals from the district courts in the most serious criminal cases and appeals in any case in which a statute has been held unconstitutional. The Court has the authority to review cases decided by the Court of Appeals and the ability to transfer cases to the U.S. Supreme Court. Administration The Kansas Supreme Court must adopt and submit to the Kansas Legislature an annual budget for the entire judicial branch of Kansas government. Supervi ...
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Fee Simple
In English law, a fee simple or fee simple absolute is an estate in land, a form of freehold ownership. A "fee" is a vested, inheritable, present possessory interest in land. A "fee simple" is real property held without limit of time (i.e., permanently) under common law, whereas the highest possible form of ownership is a "fee simple absolute," which is without limitations on the land's use (such as qualifiers or conditions that disallow certain uses of the land or subject the vested interest to termination). The rights of the fee-simple owner are limited by government powers of taxation, compulsory purchase, police power, and escheat, and may also be limited further by certain encumbrances or conditions in the deed, such as, for example, a condition that required the land to be used as a public park, with a reversion interest in the grantor if the condition fails; this is a fee simple conditional. History The word "fee" is related to the term fief, meaning a feudal landhol ...
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Associate Justice Of The Supreme Court Of The United States
An associate justice of the Supreme Court of the United States is any member of the Supreme Court of the United States other than the chief justice of the United States. The number of associate justices is eight, as set by the Judiciary Act of 1869. Appointments Clause, Article II, Section 2, Clause 2 of the Constitution of the United States grants plenary power to the President of the United States, president to nominate, and with the advice and consent (confirmation) of the United States Senate, Senate, appoint justices to the Supreme Court. Article Three of the United States Constitution, Article III, Section 1 of the Constitution effectively grants life tenure to associate justices, and all other United States federal judge, federal judges, which ends only when a justice dies, retires, resigns, or is removed from office by Federal impeachment in the United States, impeachment. Each Supreme Court justice has a single vote in deciding the cases argued before it, and the chief j ...
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David Davis (Supreme Court Justice)
David Davis (March 9, 1815 – June 26, 1886) was an American politician and jurist who was a U.S. senator from Illinois and associate justice of the United States Supreme Court. He also served as Abraham Lincoln's campaign manager at the 1860 Republican National Convention, engineering Lincoln's successful nomination for president by that party. Of wealthy Maryland birth, Davis was educated at Kenyon College and Yale University, before settling in Bloomington, Illinois in the 1830s, where he practiced law. He served in the Illinois legislature and as a delegate to the state constitutional convention before becoming a state judge in 1848. Shortly after Lincoln won the presidency he appointed the determinedly independent Davis to the United States Supreme Court, where he served until 1877. Davis wrote the majority opinion in '' Ex parte Milligan'', a significant judicial decision limiting the military's power to try civilians in its courts. After being nominated for President by t ...
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