Moyer V. Peabody
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Moyer V. Peabody
''Moyer v. Peabody'', 212 U.S. 78 (1909), is a decision by the United States Supreme Court which held that the governor and officers of a state National Guard, acting in good faith and under authority of law, may imprison without probable cause a citizen of the United States in a time of insurrection and deny that citizen the right of habeas corpus. Background The case arose out of a wave of labor disputes, known as the Colorado Labor Wars, in the mining industry in the state of Colorado. In August 1902, the Western Federation of Miners (WFM) organized mill workers in Colorado City, Colorado. The employers planted a spy in the union, and the evidence of union activity gathered by the mole led to the dismissal of 42 union members. Union-employer negotiations over the dismissals began almost immediately, and dragged on into 1903. With the negotiations at a standstill, the WFM struck on February 14, 1903. After the number of miners walking the picket lines grew in March ...
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Fourteenth Amendment To The United States Constitution
The Fourteenth Amendment (Amendment XIV) to the United States Constitution was adopted on July 9, 1868, as one of the Reconstruction Amendments. Often considered as one of the most consequential amendments, it addresses citizenship rights and equal protection under the law and was proposed in response to issues related to former slaves following the American Civil War. The amendment was bitterly contested, particularly by the states of the defeated Confederacy, which were forced to ratify it in order to regain representation in Congress. The amendment, particularly its first section, is one of the most litigated parts of the Constitution, forming the basis for landmark Supreme Court decisions such as ''Brown v. Board of Education'' (1954) regarding racial segregation, ''Roe v. Wade'' (1973) regarding abortion ( overturned in 2022), ''Bush v. Gore'' (2000) regarding the 2000 presidential election, and ''Obergefell v. Hodges'' (2015) regarding same-sex marriage. The amendment ...
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Colorado Army National Guard
The Colorado Army National Guard is a component of the United States Army, United States National Guard, and Colorado National Guard. Nationwide, the Army National Guard comprises approximately one half of the US Army's available combat forces and approximately one third of its support organization. National coordination of various state National Guard units is maintained through the National Guard Bureau. Colorado Army National Guard units are trained and equipped as part of the United States Army. The same United States Army enlisted rank insignia, ranUnited States Army officer rank insignia, ks and insignia are used and National Guardsmen are eligible to receive all Awards and decorations of the United States military, United States military awards. The Colorado Guard also bestows a number of Awards and decorations of the National Guard, state awards for local services rendered in or to the state of Colorado. The Colorado Army National Guard is composed of over 3500 soldie ...
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Color (law)
In United States law, the term color of law denotes the "mere semblance of legal right," the "pretense or appearance of" right; hence, an action done under color of law adjusts (colors) the law to the circumstance, yet said apparently legal action contravenes the law. Under color of authority is a legal phrase used in North America indicating that a person is claiming or implying the acts they are committing are related to and legitimized by his or her role as an agent of governmental power. Color of law Color of law refers to an appearance of legal power to act that may operate in violation of law. For example, if a police officer acts with the "color of law" authority to arrest someone, the arrest, if it is made without probable cause, may actually be in violation of law. In other words, just because something is done with the "color of law" does not mean that the action was lawful. When police are suspected of acting outside their lawful authority and violating the civil righ ...
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Colorado Supreme Court
The Colorado Supreme Court is the highest court in the U.S. state of Colorado. Located in Denver, the Court consists of a Chief Justice and six Associate Justices. Powers and duties Appellate jurisdiction Discretionary appeals The Court principally handles certiorari petitions. Certiorari petitions ask the Supreme Court to grant an additional review of a case. The primary review ppeal of rightwas either done by: * Colorado Court of Appeals in appeals from courts of general jurisdiction istrict Courts or * Courts of general jurisdiction istrict Courtsin appeals from courts of limited jurisdiction ounty or Municipal Courts Only a small fraction of certiorari petitions are granted by the Colorado Supreme Court. From petitions filed in 2015 and 2016, only 6% of all cases were granted an additional review. It takes three of the seven justices to vote in favor of a certiorari petition for it to be granted. Appeals of right In addition, the Colorado Supreme Court has jur ...
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State Attorney General
The state attorney general in each of the 50 U.S. states, of the federal district, or of any of the territories is the chief legal advisor to the state government and the state's chief law enforcement officer. In some states, the attorney general serves as the head of a state department of justice, with responsibilities similar to those of the United States Department of Justice. Selection The most prevalent method of selecting a state's attorney general is by popular election. 43 states have an elected attorney general. Elected attorneys general serve a four-year term, except in Vermont, where the term is two years. Seven states do not popularly elect an attorney general. In Alaska, Hawaii, New Hampshire, New Jersey, and Wyoming, the attorney general is a gubernatorial appointee. The attorney general in Tennessee is appointed by the Tennessee Supreme Court for an eight-year term. In Maine, the attorney general is elected by the state Legislature for a two-year term. The Distri ...
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Writ
In common law, a writ (Anglo-Saxon ''gewrit'', Latin ''breve'') is a formal written order issued by a body with administrative or judicial jurisdiction; in modern usage, this body is generally a court. Warrants, prerogative writs, subpoenas, and ''certiorari'' are common types of writ, but many forms exist and have existed. In its earliest form, a writ was simply a written order made by the English monarch to a specified person to undertake a specified action; for example, in the feudal era a military summons by the king to one of his tenants-in-chief to appear dressed for battle with retinue at a certain place and time. An early usage survives in the United Kingdom, Canada, and Australia in a writ of election, which is a written order issued on behalf of the monarch (in Canada, by the Governor General and, in Australia, by the Governor-General for elections for the House of Representatives, or State Governors for state elections) to local officials ( High Sheriffs of every c ...
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State Court (United States)
In the United States, a state court has jurisdiction over disputes with some connection to a U.S. state. State courts handle the vast majority of civil and criminal cases in the United States; the United States federal courts are far smaller in terms of both personnel and caseload, and handle different types of cases. Each state "is free to organize its courts as it sees fit," and consequently, "no two states have identical court structures." Generally, state courts are common law courts, and apply their respective state laws and procedures to decide cases. They are organized pursuant to and apply the law in accordance with their state's constitution, state statutes, and binding decisions of courts in their state court hierarchy. Where applicable, they also apply federal law. Generally, a single judicial officer, usually called a judge, exercises original jurisdiction by presiding over contested criminal or civil actions which culminate in trials, although most matters stop ...
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Bullpen
In baseball, the bullpen (or simply the pen) is the area where relief pitchers warm up before entering a game. A team's roster of relief pitchers is also metonymically referred to as "the bullpen". These pitchers usually wait in the bullpen if they have not yet played in a game, rather than in the dugout with the rest of the team. The starting pitcher also makes their final pregame warm-up throws in the bullpen. Managers can call coaches in the bullpen on an in-house telephone from the dugout to tell a certain pitcher to begin their warm-up tosses. Each team generally has its own bullpen consisting of two pitching rubbers and plates at regulation distance from each other. In most Major League Baseball parks, the bullpens are situated out-of-play behind the outfield fence. Etymology The term first appeared in wide use shortly after the turn of the 20th century, and has been used since in roughly its present meaning. According to the ''Oxford English Dictionary'' the earliest r ...
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Adjutant General
An adjutant general is a military chief administrative officer. France In Revolutionary France, the was a senior staff officer, effectively an assistant to a general officer. It was a special position for lieutenant-colonels and colonels in staff service. Starting in 1795, only colonels could be appointed to the position. It was supplemented by the rank of in 1800. In 1803 the position was abolished and reverted to the rank of colonel. Habsburg Monarchy The General Adjutants (generals only) and Wing Adjutants (staff officers only) were used to service the Emperor of the Habsburg Monarchy. The emperor's first general aide had a captain or lieutenant as an officer. Traditionally, the Wing Adjutants did their regular service. From the various branches of the Imperial Army, diligent military personnel were selected and given to the Emperor for election. The adjutants were then assigned to the emperor in their two to three-year service, formed his constant accompaniment, regulate ...
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American Flag
The national flag of the United States of America, often referred to as the ''American flag'' or the ''U.S. flag'', consists of thirteen equal horizontal stripes of red (top and bottom) alternating with white, with a blue rectangle in the canton (referred to specifically as the "union") bearing fifty small, white, five-pointed stars arranged in nine offset horizontal rows, where rows of six stars (top and bottom) alternate with rows of five stars. The 50 stars on the flag represent the 50 U.S. states, and the 13 stripes represent the thirteen British colonies that declared independence from Great Britain, and became the first states in the U.S. Nicknames for the flag include the ''Stars and Stripes'', ''Old Glory'', and the ''Star-Spangled Banner''. History The current design of the U.S. flag is its 27th; the design of the flag has been modified officially 26 times since 1777. The 48-star flag was in effect for 47 years until the 49-star version became official on July 4, ...
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Flag Desecration
Flag desecration is the desecration of a flag, violation of flag protocol, or various acts that intentionally destroy, damage, or mutilate a flag in public. In the case of a national flag, such action is often intended to make a political point against a country or its policies. Some countries have laws forbidding methods of destruction (such as burning in public) or forbidding particular uses (such as for commercial purposes); such laws may distinguish between desecration of the country's own national flag and flags of other countries. Some countries have also banned the desecration of all types of flags from inside the country to other country flags. Background Actions that may be treated as desecration of a flag include burning it (flag burning), urinating, defecating or ejaculating on it, defacing it with slogans, stepping upon it, damaging it with stones; bullets; or any other missile, cutting or ripping it, improperly flying it, verbally insulting it, dragging it on the ...
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Deportation
Deportation is the expulsion of a person or group of people from a place or country. The term ''expulsion'' is often used as a synonym for deportation, though expulsion is more often used in the context of international law, while deportation is more used in national (municipal) law. Forced displacement or forced migration of an individual or a group may be caused by deportation, for example ethnic cleansing, and other reasons. A person who has been deported or is under sentence of deportation is called a ''deportee''. Definition Definitions of deportation apply equally to nationals and foreigners. Nonetheless, in the common usage the expulsion of foreign nationals is usually called deportation, whereas the expulsion of nationals is called extradition, banishment, exile, or penal transportation. For example, in the United States: "Strictly speaking, transportation, extradition, and deportation, although each has the effect of removing a person from the country, are differe ...
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