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Judiciary Act Of 1789
The Judiciary Act of 1789 (ch. 20, ) was a United States federal statute enacted on September 24, 1789, during the first session of the First United States Congress. It established the federal judiciary of the United States. Article III, Section 1 of the Constitution prescribed that the "judicial power of the United States, shall be vested in one Supreme Court, and such inferior Courts" as Congress saw fit to establish. It made no provision for the composition or procedures of any of the courts, leaving this to Congress to decide. The existence of a separate federal judiciary had been controversial during the debates over the ratification of the Constitution. Anti-Federalists had denounced the judicial power as a potential instrument of national tyranny. Indeed, of the ten amendments that eventually became the Bill of Rights, five (the fourth through the eighth) dealt primarily with judicial proceedings. Even after ratification, some opponents of a strong judiciary urge ...
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Richard Henry Lee
Richard Henry Lee (January 20, 1732June 19, 1794) was an American statesman and Founding Father from Virginia, best known for the June 1776 Lee Resolution, the motion in the Second Continental Congress calling for the colonies' independence from Great Britain leading to the United States Declaration of Independence, which he signed. He also served a one-year term as the president of the Continental Congress, was a signatory to the Continental Association and the Articles of Confederation, and was a United States Senator from Virginia from 1789 to 1792, serving part of that time as the second president ''pro tempore'' of the upper house. He was a member of the Lee family, a historically influential family in Virginia politics. Early life and education Lee was born in Westmoreland County, Virginia, to Colonel Thomas Lee and Hannah Harrison Ludwell Lee on January 20, 1732. He came from a line of military officers, diplomats, and legislators. His father was the governo ...
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Encyclopædia Britannica
The (Latin for "British Encyclopædia") is a general knowledge English-language encyclopaedia. It is published by Encyclopædia Britannica, Inc.; the company has existed since the 18th century, although it has changed ownership various times through the centuries. The encyclopaedia is maintained by about 100 full-time editors and more than 4,000 contributors. The 2010 version of the 15th edition, which spans 32 volumes and 32,640 pages, was the last printed edition. Since 2016, it has been published exclusively as an online encyclopaedia. Printed for 244 years, the ''Britannica'' was the longest running in-print encyclopaedia in the English language. It was first published between 1768 and 1771 in the Scottish capital of Edinburgh, as three volumes. The encyclopaedia grew in size: the second edition was 10 volumes, and by its fourth edition (1801–1810) it had expanded to 20 volumes. Its rising stature as a scholarly work helped recruit eminent ...
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Admiralty Law
Admiralty law or maritime law is a body of law that governs nautical issues and private maritime disputes. Admiralty law consists of both domestic law on maritime activities, and private international law governing the relationships between private parties operating or using ocean-going ships. While each legal jurisdiction usually has its own legislation governing maritime matters, the international nature of the topic and the need for uniformity has, since 1900, led to considerable international maritime law developments, including numerous multilateral treaties. Admiralty law may be distinguished from the law of the sea, which is a body of public international law dealing with navigational rights, mineral rights, jurisdiction over coastal waters, and the maritime relationships between nations. The United Nations Convention on the Law of the Sea has been adopted by 167 countries and the European Union, and disputes are resolved at the ITLOS tribunal in Hamburg. History Sea ...
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Eighth Amendment To The United States Constitution
The Eighth Amendment (Amendment VIII) to the United States Constitution protects against imposing excessive bail, excessive fines, or cruel and unusual punishments. This amendment was adopted on December 15, 1791, along with the rest of the United States Bill of Rights. The amendment serves as a limitation upon the federal government to impose unduly harsh penalties on criminal defendants before and after a conviction. This limitation applies equally to the price for obtaining pretrial release and the punishment for crime after conviction. The phrases in this amendment originated in the English Bill of Rights of 1689. The prohibition against cruel and unusual punishments has led courts to hold that the Constitution totally prohibits certain kinds of punishment, such as drawing and quartering. Under the Cruel and Unusual Punishment Clause, the Supreme Court has struck down the application of capital punishment in some instances, but capital punishment is still permitted in so ...
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Fourth Amendment To The United States Constitution
The Fourth Amendment (Amendment IV) to the United States Constitution is part of the Bill of Rights. It prohibits unreasonable searches and seizures. In addition, it sets requirements for issuing warrants: warrants must be issued by a judge or magistrate, justified by probable cause, supported by oath or affirmation, and must particularly describe the place to be searched and the persons or things to be seized. Fourth Amendment case law deals with three main issues: what government activities are "searches" and "seizures," what constitutes probable cause to conduct searches and seizures, and how to address violations of Fourth Amendment rights. Early court decisions limited the amendment's scope to physical intrusion of property or persons, but with ''Katz v. United States'' (1967), the Supreme Court held that its protections extend to intrusions on the privacy of individuals as well as to physical locations. A warrant is needed for most search and seizure activities, but the ...
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United States Bill Of Rights
The United States Bill of Rights comprises the first ten amendments to the United States Constitution. Proposed following the often bitter 1787–88 debate over the ratification of the Constitution and written to address the objections raised by Anti-Federalists, the Bill of Rights amendments add to the Constitution specific guarantees of personal freedoms and rights, clear limitations on the government's power in judicial and other proceedings, and explicit declarations that all powers not specifically granted to the federal government by the Constitution are reserved to the states or the people. The concepts codified in these amendments are built upon those in earlier documents, especially the Virginia Declaration of Rights (1776), as well as the Northwest Ordinance (1787), the English Bill of Rights (1689), and Magna Carta (1215). Largely because of the efforts of Representative James Madison, who studied the deficiencies of the Constitution pointed out by ant ...
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Tyranny
A tyrant (), in the modern English usage of the word, is an absolute ruler who is unrestrained by law, or one who has usurped a legitimate ruler's sovereignty. Often portrayed as cruel, tyrants may defend their positions by resorting to repressive means. The original Greek term meant an absolute sovereign who came to power without constitutional right, yet the word had a neutral connotation during the Archaic and early Classical periods. However, Greek philosopher Plato saw ''tyrannos'' as a negative word, and on account of the decisive influence of philosophy on politics, its negative connotations only increased, continuing into the Hellenistic period. The philosophers Plato and Aristotle defined a tyrant as a person who rules without law, using extreme and cruel methods against both his own people and others. The ''Encyclopédie'' defined the term as a usurper of sovereign power who makes "his subjects the victims of his passions and unjust desires, which he substitut ...
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Anti-Administration Party (United States)
The Anti-Administration Party was an informal political faction in the United States led by James Madison and Thomas Jefferson that opposed policies of then Secretary of the Treasury Alexander Hamilton in the first term of US President George Washington. It was not an organized political party but an unorganized faction. Most members had been Anti-Federalists in 1788, who had opposed ratification of the US Constitution. However, the situation was fluid, with members joining and leaving. Although contemporaries often referred to Hamilton's opponents as "Anti-Federalists", that term is now seen as imprecise since several Anti-Administration leaders supported ratification, including Virginia Representative James Madison. He joined former Anti-Federalists to oppose Hamilton's financial plans in 1790. William Maclay, a leader of the faction in the Senate, used in his Congressional diary the term "Republican". After Jefferson took leadership of the opposition to Hamilton in 1792, ...
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History Of The United States Constitution
The United States Constitution has served as the supreme law of the United States since taking effect in 1789. The document was written at the 1787 Philadelphia Convention and was ratified through a series of state conventions held in 1787 and 1788. Since 1789, the Constitution has been amended twenty-seven times; particularly important amendments include the ten amendments of the United States Bill of Rights and the three Reconstruction Amendments. The Constitution grew out of efforts to reform the Articles of Confederation, an earlier constitution which provided for a loose alliance of states with a weak central government. From May 1787 through September 1787, delegates from twelve of the thirteen states convened in Philadelphia, where they wrote a new constitution. Two alternative plans were developed at the convention. The nationalist majority, soon to be called " Federalists", put forth the Virginia Plan, a consolidated government based on proportional representation amo ...
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National Archives And Records Administration
The National Archives and Records Administration (NARA) is an " independent federal agency of the United States government within the executive branch", charged with the preservation and documentation of government and historical records. It is also tasked with increasing public access to those documents which make up the National Archive. NARA is officially responsible for maintaining and publishing the legally authentic and authoritative copies of acts of Congress, presidential directives, and federal regulations. NARA also transmits votes of the Electoral College to Congress. It also examines Electoral College and Constitutional amendment ratification documents for prima facie legal sufficiency and an authenticating signature. The National Archives, and its publicly exhibited Charters of Freedom, which include the original United States Declaration of Independence, United States Constitution, United States Bill of Rights, and many other historical documents, is head ...
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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 tribunals in the United States, federal court cases, and over State court (United States), state court cases that involve a point of Law of the United States, federal law. It also has Original jurisdiction of the Supreme Court of the United States, 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 in the United States, judicial review, the ability to invalidate a statute for violating a provision of the Constitution of the United States, 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 ove ...
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United States Constitution
The Constitution of the United States is the supreme law of the United States of America. It superseded the Articles of Confederation, the nation's first constitution, in 1789. Originally comprising seven articles, it delineates the national frame of government. Its first three articles embody the doctrine of the separation of powers, whereby the federal government is divided into three branches: the legislative, consisting of the bicameral Congress ( Article I); the executive, consisting of the president and subordinate officers ( Article II); and the judicial, consisting of the Supreme Court and other federal courts ( Article III). Article IV, Article V, and Article VI embody concepts of federalism, describing the rights and responsibilities of state governments, the states in relationship to the federal government, and the shared process of constitutional amendment. Article VII establishes the procedure subsequently used by the 13 states to ratify it. It is ...
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