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Incorporation (Bill Of Rights)
In United States constitutional law, incorporation is the doctrine by which portions of the Bill of Rights have been made applicable to the states. When the Bill of Rights was ratified, the courts held that its protections extended only to the actions of the federal government and that the Bill of Rights did not place limitations on the authority of the state and local governments. However, the post–Civil War era, beginning in 1865 with the Thirteenth Amendment, which declared the abolition of slavery, gave rise to the incorporation of other amendments, applying more rights to the states and people over time. Gradually, various portions of the Bill of Rights have been held to be applicable to the state and local governments by incorporation through the Fourteenth Amendment in 1868 and the Fifteenth Amendment in 1870. Prior to the ratification of the Fourteenth Amendment and the development of the incorporation doctrine, the Supreme Court in 1833 held in ''Barron v. Balti ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
United States Constitutional Law
The constitutional law of the United States is the body of law governing the interpretation and implementation of the United States Constitution. The subject concerns the scope of power of the United States federal government compared to the individual states and the fundamental rights of individuals. The ultimate authority upon the interpretation of the Constitution and the constitutionality of statutes, state and federal, lies with the Supreme Court of the United States. The Supreme Court Judicial review Early in its history, in ''Marbury v. Madison'', 5 U.S. 137 (1803) and ''Fletcher v. Peck'', 10 U.S. 87 (1810), the Supreme Court of the United States declared that the judicial power granted to it by Article III of the United States Constitution included the power of judicial review, to consider challenges to the constitutionality of a State or Federal law. The holding in these cases empowered the Supreme Court to strike down enacted laws that were contrary to the Consti ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
List Of Amendments To The United States Constitution
Thirty-three amendments to the United States Constitution have been proposed by the United States Congress and sent to the states for ratification since the Constitution was put into operation on March 4, 1789. Twenty-seven of these, having been ratified by the requisite number of states, are part of the Constitution. The first ten amendments were adopted and ratified simultaneously and are known collectively as the Bill of Rights. The 13th, 14th, and 15th amendments are collectively known as the Reconstruction Amendments. Six amendments adopted by Congress and sent to the states have not been ratified by the required number of states. Four of these amendments are still pending, one is closed and has failed by its own terms, and one is closed and has failed by the terms of the resolution proposing it. All 27 ratified and six unratified amendments are listed and detailed in the tables below. Article Five of the United States Constitution details the two-step process for amendi ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Article Four Of The United States Constitution
Article Four of the United States Constitution outlines the relationship between the various states, as well as the relationship between each state and the United States federal government. It also empowers Congress to admit new states and administer the territories and other federal lands. The Full Faith and Credit Clause requires states to extend "full faith and credit" to the public acts, records and court proceedings of other states. The Supreme Court has held that this clause prevents states from reopening cases which have been conclusively decided by the courts of another state. The Privileges and Immunities Clause requires interstate protection of "privileges and immunities," preventing each state from treating citizens of other states in a discriminatory manner. The Extradition Clause requires that fugitives from justice be extradited on the demand of executive authority of the state from which they flee. Since the 1987 case of ''Puerto Rico v. Branstad'', federal co ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Privileges And Immunities Clause
The Privileges and Immunities Clause ( U.S. Constitution, Article IV, Section 2, Clause 1, also known as the Comity Clause) prevents a state from treating citizens of other states in a discriminatory manner. Additionally, a right of interstate travel is associated with the clause. Text Prior to ratification of Constitution The clause is similar to a provision in the Articles of Confederation: "The free inhabitants of each of these States, paupers, vagabonds and fugitives from justice excepted, shall be entitled to all privileges and immunities of free citizens in the several States." James Madison discussed that provision of the Articles of Confederation in Federalist No. 42. Madison wrote, "Those who come under the denomination of free inhabitants of a State, although not citizens of such State, are entitled, in every other State, to all the privileges of free citizens of the latter; that is, to greater privileges than they may be entitled to in their own State." Madiso ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Privileges Or Immunities Clause
The Privileges or Immunities Clause is Amendment XIV, Section 1, Clause 2 of the United States Constitution. Along with the rest of the Fourteenth Amendment, this clause became part of the Constitution on July 9, 1868. Text of the clause The clause states: Drafting and adoption The primary author of the Privileges or Immunities Clause was Congressman John Bingham of Ohio. The common historical view is that Bingham's primary inspiration, at least for his initial prototype of this Clause, was the Privileges ''and'' Immunities Clause in Article Four of the United States Constitution, which provided that "The Citizens of each State shall be entitled to all Privileges and Immunities of Citizens in the several States". On February 3, 1866, the Joint Committee on Reconstruction (also known as the "Joint Committee of Fifteen") voted in favor of a draft constitutional amendment proposed by Bingham. The draft constitutional amendment provided: This language closely tracked the ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
State Constitution (United States)
In the United States, each state has its own written constitution. They are much longer than the United States Constitution, which only contains 4,543 words. State constitutions are all longer than 8,000 words because they are more detailed regarding the day-to-day relationships between government and the people. The shortest is the Constitution of Vermont, adopted in 1793 and currently 8,295 words long. The longest is Alabama's sixth and Constitution of Alabama, current constitution, ratified in 1901, about 345,000 words long. Both the Federal government of the United States, federal and state constitutions are organic law, organic texts: they are the fundamental blueprints for the legal and political organizations of the United States and the states, respectively. The United States Bill of Rights, Bill of Rights provides that "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 t ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
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 writi ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Magna Carta
(Medieval Latin for "Great Charter of Freedoms"), commonly called (also ''Magna Charta''; "Great Charter"), is a royal charter of rights agreed to by King John of England at Runnymede, near Windsor, Berkshire, Windsor, on 15 June 1215. First drafted by the Archbishop of Canterbury, Cardinal Stephen Langton, to make peace between the unpopular king and a group of rebel barons, it promised the protection of church rights, protection for the barons from illegal imprisonment, access to swift justice, and limitations on feudal payments to the Crown, to be implemented through a council of 25 barons. Neither side stood behind their commitments, and the charter was annulled by Pope Innocent III, leading to the First Barons' War. After John's death, the regency government of his young son, Henry III of England, Henry III, reissued the document in 1216, stripped of some of its more radical content, in an unsuccessful bid to build political support for their cause. At the end of th ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Bill Of Rights 1689
The Bill of Rights 1689 is an Act of the Parliament of England, which sets out certain basic civil rights and clarifies who would be next to inherit the Crown, and is seen as a crucial landmark in English constitutional law. It received Royal Assent on 16 December 1689 and is a restatement in statutory form of the Declaration of Right presented by the Convention Parliament to William III and Mary II in February 1689, inviting them to become joint sovereigns of England. Largely based on the ideas of political theorist John Locke, the Bill sets out certain constitutional requirements of the Crown to seek the consent of the people as represented in Parliament. As well as setting limits on the powers of the monarch, it established the rights of Parliament, including regular parliaments, free elections, and freedom of speech. It also listed individual rights, including the prohibition of cruel and unusual punishment and the right not to pay taxes levied without the approval ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Virginia Declaration Of Rights
The Virginia Declaration of Rights was drafted in 1776 to proclaim the inherent rights of men, including the right to reform or abolish "inadequate" government. It influenced a number of later documents, including the United States Declaration of Independence (1776) and the United States Bill of Rights (1789). Drafting and adoption The Declaration was adopted unanimously by the Fifth Virginia Convention at Williamsburg, Virginia on June 12, 1776, as a separate document from the Constitution of Virginia which was later adopted on June 29, 1776. In 1830, the Declaration of Rights was incorporated within the Virginia State Constitution as Article I, but even before that Virginia's Declaration of Rights stated that it was '"the basis and foundation of government" in Virginia. A slightly updated version may still be seen in Virginia's Constitution, making it legally in effect to this day. Ten articles were initially drafted by George Mason , 1776; three other articles were add ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Popular Sovereignty
Popular sovereignty is the principle that the authority of a state and its government are created and sustained by the consent of its people, who are the source of all political power. Popular sovereignty, being a principle, does not imply any particular political implementation.Leonard Levy notes of the "doctrine" of popular sovereignty that it "relates primarily not to the Constitution's ctualoperation but to its source of authority and supremacy, ratification, amendment, and possible abolition" (Tarcov 1986, v. 3, p. 1426). Benjamin Franklin expressed the concept when he wrote that "In free governments, the rulers are the servants and the people their superiors and sovereigns". Origins Popular sovereignty in its modern sense is an idea that dates to the social contract school represented by Thomas Hobbes (1588–1679), John Locke (1632–1704), and Jean-Jacques Rousseau (1712–1778). Rousseau authored a book titled ''The Social Contract'', a prominent political work that ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Natural And Legal Rights
Some philosophers distinguish two types of rights, natural rights and legal rights. * Natural rights are those that are not dependent on the laws or customs of any particular culture or government, and so are ''universal'', '' fundamental'' and ''inalienable'' (they cannot be repealed by human laws, though one can forfeit their enjoyment through one's actions, such as by violating someone else's rights). Natural law is the law of natural rights. * Legal rights are those bestowed onto a person by a given legal system (they can be modified, repealed, and restrained by human laws). The concept of positive law is related to the concept of legal rights. Natural law first appeared in ancient Greek philosophy, and was referred to by Roman philosopher Cicero. It was subsequently alluded to in the Bible, and then developed in the Middle Ages by Catholic philosophers such as Albert the Great and his pupil Thomas Aquinas. During the Age of Enlightenment, the concept of natural laws w ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
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