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Luther V. Borden
''Luther v. Borden'', 48 U.S. (7 How.) 1 (1849), was a case in which the Supreme Court of the United States established the political question doctrine in controversies arising under the Guarantee Clause of Article Four of the United States Constitution (Art. IV, § 4). Martin Luther was part of the Dorr Rebellion, an attempt to overthrow the charter government of Rhode Island that had stymied the efforts of those who wished to broaden the voting rights of state residents. The rebellion began as a political effort but turned violent. Martin Luther was arrested by Luther M. Borden, a state official, who searched his home and allegedly damaged his property. Luther contended that the charter government was not "republican" in nature because it restricted the electorate to only the most propertied classes; because Article Four states that "the United States shall guarantee to every State in this Union a Republican Form of Government," Luther argued that the Supreme Court should find ...
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Benjamin Chew Howard
Benjamin Chew Howard (November 5, 1791 – March 6, 1872) was a Maryland politician and lawyer. After serving on the city council of Baltimore in 1820 and in both houses of the Maryland legislature, he was a Representative in the United States Congress from 1829 to 1833, and from 1835 to 1839. He was thereafter the fifth reporter of decisions of the United States Supreme Court, serving from 1843 to 1860. Early life and education Howard was born at Belvidere in Baltimore County, Maryland, the son of John Eager Howard and Margaret ("Peggy") Chew, daughter of Benjamin Chew. He received an A.B. from Princeton University in 1809. In 1812 he attended and graduated from Litchfield Law School in Connecticut. During 1814, the last year of the War of 1812 he served as a Captain in the First Mechanical Volunteers at the Battle of North Point. He remained in the service and later he reached the rank of brigadier general in the Maryland militia. Marriage and family Among his siblings wer ...
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Tennessee
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 "Tanas ...
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Guarantee Clause Case Law
Guarantee is a legal term more comprehensive and of higher import than either warranty or "security". It most commonly designates a private transaction by means of which one person, to obtain some trust, confidence or credit for another, engages to be answerable for them. It may also designate a treaty through which claims, rights or possessions are secured. It is to be differentiated from the colloquial "personal guarantee" in that a guarantee is a legal concept which produces an economic effect. A personal guarantee by contrast is often used to refer to a promise made by an individual which is supported by, or assured through, the word of (speak enough) the individual. In the same way, a guarantee produces a legal effect wherein one party affirms the promise of another (usually to pay) by promising to themselves pay if default occurs. At law, the giver of a guarantee is called the surety or the "guarantor". The person to whom the guarantee is given is the creditor or the "oblige ...
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United States Supreme Court Cases Of The Taney Court
United may refer to: Places * United, Pennsylvania, an unincorporated community * United, West Virginia, an unincorporated community Arts and entertainment Films * ''United'' (2003 film), a Norwegian film * ''United'' (2011 film), a BBC Two film Literature * ''United!'' (novel), a 1973 children's novel by Michael Hardcastle Music * United (band), Japanese thrash metal band formed in 1981 Albums * ''United'' (Commodores album), 1986 * ''United'' (Dream Evil album), 2006 * ''United'' (Marvin Gaye and Tammi Terrell album), 1967 * ''United'' (Marian Gold album), 1996 * ''United'' (Phoenix album), 2000 * ''United'' (Woody Shaw album), 1981 Songs * "United" (Judas Priest song), 1980 * "United" (Prince Ital Joe and Marky Mark song), 1994 * "United" (Robbie Williams song), 2000 * "United", a song by Danish duo Nik & Jay featuring Lisa Rowe Television * ''United'' (TV series), a 1990 BBC Two documentary series * ''United!'', a soap opera that aired on BBC One from 1965-19 ...
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United States Supreme Court Cases
This page serves as an index of lists of United States Supreme Court cases. The United States Supreme Court is the highest federal court of the United States. By Chief Justice Court historians and other legal scholars consider each Chief Justice of the United States who presides over the Supreme Court of the United States to be the head of an era of the Court. These lists are sorted chronologically by Chief Justice and include most major cases decided by the Court. * Jay, Rutledge, and Ellsworth Courts (October 19, 1789 – December 15, 1800) * Marshall Court (February 4, 1801 – July 6, 1835) * Taney Court (March 28, 1836 – October 12, 1864) * Chase Court (December 15, 1864 – May 7, 1873) * Waite Court (March 4, 1874 – March 23, 1888) * Fuller Court (October 8, 1888 – July 4, 1910) * White Court (December 19, 1910 – May 19, 1921) * Taft Court (July 11, 1921 – February 3, 1930) * Hughes Court (February 24, 1930 – June ...
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1849 In United States Case Law
Events January–March * January 1 – France begins issue of the Ceres series, the nation's first postage stamps. * January 5 – Hungarian Revolution of 1848: The Austrian army, led by Alfred I, Prince of Windisch-Grätz, enters in the Hungarian capitals, Buda and Pest. The Hungarian government and parliament flee to Debrecen. * January 8 – Hungarian Revolution of 1848: Romanian armed groups massacre 600 unarmed Hungarian civilians, at Nagyenyed.Hungarian HistoryJanuary 8, 1849 And the Genocide of the Hungarians of Nagyenyed/ref> * January 13 ** Second Anglo-Sikh War – Battle of Tooele: British forces retreat from the Sikhs. ** The Colony of Vancouver Island is established. * January 21 ** General elections are held in the Papal States. ** Hungarian Revolution of 1848: Battle of Nagyszeben – The Hungarian army in Transylvania, led by Josef Bem, is defeated by the Austrians, led by Anton Puchner. * January 23 – Elizabeth Blackwell is awarded her M.D. by the Medi ...
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1849 In Rhode Island
Events January–March * January 1 – France begins issue of the Ceres series, the nation's first postage stamps. * January 5 – Hungarian Revolution of 1848: The Austrian army, led by Alfred I, Prince of Windisch-Grätz, enters in the Hungarian capitals, Buda and Pest. The Hungarian government and parliament flee to Debrecen. * January 8 – Hungarian Revolution of 1848: Romanian armed groups massacre 600 unarmed Hungarian civilians, at Nagyenyed.Hungarian HistoryJanuary 8, 1849 And the Genocide of the Hungarians of Nagyenyed/ref> * January 13 ** Second Anglo-Sikh War – Battle of Tooele: British forces retreat from the Sikhs. ** The Colony of Vancouver Island is established. * January 21 ** General elections are held in the Papal States. ** Hungarian Revolution of 1848: Battle of Nagyszeben – The Hungarian army in Transylvania, led by Josef Bem, is defeated by the Austrians, led by Anton Puchner. * January 23 – Elizabeth Blackwell is awarded her M.D. by the Medi ...
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Judicial Restraint
Judicial restraint is a judicial interpretation that recommends favoring the status quo in judicial activities; it is the opposite of judicial activism. Aspects of judicial restraint include the principle of stare decisis (that new decisions should be consistent with previous decisions); a conservative approach to standing and a reluctance to grant certiorari; and a tendency to deliver narrowly tailored verdicts, avoiding "unnecessary resolution of broad questions." Judicial restraint may lead a court to avoid hearing a case in the first place. The court may justify its decision by questioning whether the plaintiff has standing; or by refusing to grant certiorari; or by determining that the central issue of the case is a political question better decided by the executive or legislative branches of government; or by determining that the court has no jurisdiction in the matter. Judicial restraint may lead a court to decide in favor of the status quo. In a case of judicial re ...
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List Of United States Supreme Court Cases, Volume 48
This is a list of cases reported in volume 48 (7 How.) of ''United States Reports'', decided by the Supreme Court of the United States in 1848 and 1849. Nominative reports In 1874, the U.S. government created the ''United States Reports'', and retroactively numbered older privately-published case reports as part of the new series. As a result, cases appearing in volumes 1–90 of ''U.S. Reports'' have dual citation forms; one for the volume number of ''U.S. Reports'', and one for the volume number of the reports named for the relevant reporter of decisions (these are called "nominative reports"). Benjamin Chew Howard Starting with the 42nd volume of ''U.S. Reports'', the Reporter of Decisions of the Supreme Court of the United States was Benjamin Chew Howard. Howard was Reporter of Decisions from 1843 to 1860, covering volumes 42 through 65 of ''United States Reports'' which correspond to volumes 1 through 24 of his ''Howard's Reports''. As such, the dual form of citati ...
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Apportionment (politics)
Apportionment is the process by which seats in a legislative body are distributed among administrative divisions, such as states or parties, entitled to representation. This page presents the general principles and issues related to apportionment. The page Apportionment by country describes specific practices used around the world. The page Mathematics of apportionment describes mathematical formulations and properties of apportionment rules. The simplest and most universal principle is that elections should give each voter's intentions equal weight. This is both intuitive and stated in laws such as the Fourteenth Amendment to the United States Constitution (the Equal Protection Clause). However, there are a variety of historical and technical reasons why this principle is not followed absolutely or, in some cases, as a first priority. Common problems Fundamentally, the representation of a population in the thousands or millions by a reasonable size, thus accountable govern ...
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Baker V
A baker is a tradesperson who baking, bakes and sometimes Sales, sells breads and other products made of flour by using an oven or other concentrated heat source. The place where a baker works is called a bakery. History Ancient history Since grains have been a staple food for millennia, the activity of baking is a very old one. Control of yeast, however, is relatively recent.Wayne Gisslen, ''Professional Baking'' (4th ed.: John Wiley & Sons, 2005), p. 4. By the fifth and sixth centuries BCE, the Ancient Greek civilization, ancient Greeks used enclosed ovens heated by wood fires; communities usually baked bread in a large communal oven. Greeks baked dozens and possibly hundreds of types of bread; Athenaeus described seventy-two varieties. In ancient Rome several centuries later, the first mass production of breads occurred, and "the baking profession can be said to have started at that time." Ancient Roman bakers used honey and oil in their products, creating pastries rathe ...
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Political Question
In United States constitutional law, the political question doctrine holds that a constitutional dispute that requires knowledge of a non-legal character or the use of techniques not suitable for a court or explicitly assigned by the Constitution to the U.S. Congress, or the President of the United States, lies within the political, rather than the legal, realm to solve, and judges customarily refuse to address such matters. The idea of a political question is closely linked to the concept of justiciability, as it comes down to a question of whether or not the court system is an appropriate forum in which to hear the case. This is because the court system only has the authority to hear and decide a legal question, not a political one. Legal questions are deemed to be justiciable, while political questions are nonjusticiable.Huhn, Wilson R. ''American Constitutional Law Volume 1''. 2016. One scholar explained: A ruling of nonjusticiability, in the end, prevents the issue that ...
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