Import-Export Clause
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Import-Export Clause
Article I, § 10, clause 2 of the United States Constitution, known as the Import-Export Clause, prevents the states, without the consent of Congress, from imposing tariffs on imports and exports above what is necessary for their inspection laws and secures for the federal government the revenues from all tariffs on imports and exports. Several nineteenth century Supreme Court cases applied this clause to duties and imposts on interstate imports and exports. In 1869, the United States Supreme Court ruled that the Import-Export Clause only applied to imports and exports with foreign nations and did not apply to imports and exports with other states, although this interpretation has been questioned by modern legal scholars. Text Origins and adoption The United States were first organized under the Articles of Confederation, under which the states maintained significant autonomy while the national government was weak. Among the major weaknesses of the Articles of Confederation was th ...
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Article One Of The United States Constitution
Article One of the United States Constitution establishes the legislative branch of the Federal government of the United States, federal government, the United States Congress. Under Article One, Congress is a bicameral legislature consisting of the United States House of Representatives, House of Representatives and the United States Senate, Senate. Article One grants Congress various Enumerated powers (United States), enumerated powers and the ability to pass laws "Necessary and Proper Clause, necessary and proper" to carry out those powers. Article One also establishes the procedures for passing a bill and places various limits on the powers of Congress and the U.S. state, states from abusing their powers. Article One Vesting Clause grants all federal legislative power to Congress and establishes that Congress consists of the House of Representatives and the Senate. In combination with the Vesting Clauses of Article Two and Article Three, the Vesting Clause of Article One estab ...
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Export Clause
Article One of the United States Constitution establishes the legislative branch of the federal government, the United States Congress. Under Article One, Congress is a bicameral legislature consisting of the House of Representatives and the Senate. Article One grants Congress various enumerated powers and the ability to pass laws " necessary and proper" to carry out those powers. Article One also establishes the procedures for passing a bill and places various limits on the powers of Congress and the states from abusing their powers. Article One Vesting Clause grants all federal legislative power to Congress and establishes that Congress consists of the House of Representatives and the Senate. In combination with the Vesting Clauses of Article Two and Article Three, the Vesting Clause of Article One establishes the separation of powers among the three branches of the federal government. Section 2 of Article One addresses the House of Representatives, establishing that members o ...
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Section 90 Of The Constitution Of Australia
Section 90 of the Constitution of Australia prohibits the States from imposing customs duties and of excise. The section bars the States from imposing any tax that would be considered to be of a customs or excise nature. While customs duties are easy to determine, the status of excise, as summarised in ''Ha v New South Wales'', is that it consists of "taxes on the production, manufacture, sale or distribution of goods, whether of foreign or domestic origin." This effectively means that States are unable to impose sales taxes. Whether a State tax is of an excise nature or not has been the subject of numerous cases in the High Court of Australia, and it has had difficulty in reaching a clear majority opinion as to how "excise" should be interpreted in specific circumstances. It has been described as "one of the significant failures of the High Court." Text Scope Starting with ''Peterswald v Bartley'' (1904), it was initially held that "excise" is an indirect tax, and is accordingl ...
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Sua Sponte
In law, ''sua sponte'' (Latin: "of his, her, its or their own accord") or ''suo motu'' ("on its own motion") describes an act of authority taken without formal prompting from another party. The term is usually applied to actions by a judge taken without a prior motion or request from the parties. The form ''nostra sponte'' ("of our own accord") is sometimes used by the court itself, when the action is taken by a multi-member court, such as an appellate court, rather than by a single judge. (Third parties describing such actions would still refer to them as being taken by the court as a whole and therefore as 'sua sponte'.) While usually applied to actions of a court, the term may reasonably be applied to actions by government agencies and individuals acting in official capacity. One situation in which a party might encourage a judge to move ''sua sponte'' occurs when that party is preserving a special appearance (usually to challenge jurisdiction), and therefore cannot make motions ...
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University Of Georgia School Of Law
The University of Georgia School of Law (Georgia Law) is the law school of the University of Georgia, a Public university, public research university in Athens, Georgia. It was founded in 1859, making it among the oldest American university law schools in continuous operation. ''U.S. News & World Report'' consistently ranks the school among the Top Tier Law Schools in the nation. Georgia Law recent graduates include 11 governors, over 110 state and federal legislators, approximately 70 federal judges, and numerous state supreme court justices, practitioners, government officials, ambassadors, trial court judges, academics and law firm principals. Notable recent alumni of Georgia Law include former acting United States Attorney General Sally Yates, former President Pro Tempore of the United States Senate, President Pro Tempore of the U.S. Senate Richard B. Russell Jr., former Chief Judge and present United States federal judge, Senior Judge of the United States courts of appeals, U ...
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Digital Commons
Digital Commons is a commercial, hosted institutional repository platform owned by RELX Group. This hosted service, licensed by bepress, is used by over 500 academic institutions, healthcare centers, public libraries, and research centers to showcase their scholarly output and special collections. Features Digital Commons is a hosted institutional repository and publishing platform. Digital Commons supports OAI-PMH version 2.0. Metadata is exposed through the OAI. Content published to Digital Commons institutional repositories is optimized for indexing by Google, Google Scholar, and other major search engines. Digital Commons supports a variety of publication and editorial workflows, as well as peer review. Content is uploaded through batch uploads or via a customizable submit form. It can also link to documents hosted on an external website. Digital Commons provides user notification tools and options for social sharing. These include RSS feeds and automatic email notifica ...
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Tennessee Wine And Spirits Retailers Assn
Tennessee ( , ), officially the State of Tennessee, is a landlocked state in the Southeastern region of the United States. Tennessee is the 36th-largest by area and the 15th-most populous of the 50 states. It is bordered by Kentucky to the north, Virginia to the northeast, North Carolina to the east, Georgia, Alabama, and Mississippi to the south, Arkansas to the southwest, and Missouri to the northwest. Tennessee is geographically, culturally, and legally divided into three Grand Divisions of East, Middle, and West Tennessee. Nashville is the state's capital and largest city, and anchors its largest metropolitan area. Other major cities include Memphis, Knoxville, Chattanooga, and Clarksville. Tennessee's population as of the 2020 United States census is approximately 6.9 million. Tennessee is rooted in the Watauga Association, a 1772 frontier pact generally regarded as the first constitutional government west of the Appalachian Mountains. Its name derives from "Tana ...
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Samuel Nelson
Samuel Nelson (November 10, 1792 – December 13, 1873) was an American attorney and appointed as judge of New York State courts. He was appointed as a Justice of the Supreme Court of the United States, serving from 1845 to 1872. He concurred on the 1857 ''Dred Scott'' decision, although for reasons different from Chief Justice Taney's. Early life Nelson was born in Hebron, New York on November 10, 1792, the son of Scotch-Irish immigrants John Rodgers Nelson and his wife Jean McArthur. Nelson's family was upper middle class, with a prosperous family farm. Nelson was educated in the public schools of Hebron, with an additional three years in private schooling for college preparation. He entered Middlebury College in Vermont. Upon graduation in 1813, Nelson decided on a legal career. He read law as an apprentice at the firm of John Savage and David Woods in Salem, New York. Two years later, Savage and Woods dissolved their practice. Nelson moved to Madison County to ...
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Bill Of Lading
A bill of lading () (sometimes abbreviated as B/L or BOL) is a document issued by a carrier (or their agent) to acknowledge receipt of cargo for shipment. Although the term historically related only to carriage by sea, a bill of lading may today be used for any type of carriage of goods. Bills of lading are one of three crucial documents used in international trade to ensure that exporters receive payment and importers receive the merchandise. The other two documents are a policy of insurance and an invoice. Whereas a bill of lading is negotiable, both a policy and an invoice are assignable. In international trade outside the United States, bills of lading are distinct from waybills in that the latter are not transferable and do not confer title. Nevertheless, the UK Carriage of Goods by Sea Act 1992 grants "all rights of suit under the contract of carriage" to the lawful holder of a bill of lading, or to the consignee under a sea waybill or a ship's delivery order. A bill of ...
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Lexicography
Lexicography is the study of lexicons, and is divided into two separate academic disciplines. It is the art of compiling dictionaries. * Practical lexicography is the art or craft of compiling, writing and editing dictionaries. * Theoretical lexicography is the scholarly study of semantic, orthographic, syntagmatic and paradigmatic features of lexemes of the lexicon (vocabulary) of a language, developing theories of dictionary components and structures linking the data in dictionaries, the needs for information by users in specific types of situations, and how users may best access the data incorporated in printed and electronic dictionaries. This is sometimes referred to as 'metalexicography'. There is some disagreement on the definition of lexicology, as distinct from lexicography. Some use "lexicology" as a synonym for theoretical lexicography; others use it to mean a branch of linguistics pertaining to the inventory of words in a particular language. A person devoted ...
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John Marshall
John Marshall (September 24, 1755July 6, 1835) was an American politician and lawyer who served as the fourth Chief Justice of the United States from 1801 until his death in 1835. He remains the longest-serving chief justice and fourth-longest serving justice in the history of the U.S. Supreme Court, and is widely regarded as one of the most influential justices ever to serve. Prior to joining the Court, Marshall served as the fourth U.S. Secretary of State under President John Adams. Marshall was born in Germantown in the Colony of Virginia in 1755. After the outbreak of the American Revolutionary War, he joined the Continental Army, serving in numerous battles. During the later stages of the war, he was admitted to the state bar and won election to the Virginia House of Delegates. Marshall favored the ratification of the U.S. Constitution, and he played a major role in Virginia's ratification of that document. At the request of President Adams, Marshall traveled to France i ...
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