Pollock V. Farmers' Loan And Trust Co.
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Pollock V. Farmers' Loan And Trust Co.
''Pollock v. Farmers' Loan & Trust Company'', 157 U.S. 429 (1895), ''affirmed on rehearing'', 158 U.S. 601 (1895), was a landmark case of the Supreme Court of the United States. In a 5-to-4 decision, the Supreme Court struck down the income tax imposed by the Wilson–Gorman Tariff Act for being an unapportioned direct tax. The decision was superseded in 1913 by the Sixteenth Amendment to the United States Constitution, which allows Congress to levy income taxes without apportioning them among the states. Congress had previously introduced an income tax during the American Civil War, but this tax had been repealed in 1872. In 1894, Congress passed the Wilson-Gorman Tariff Act, which lowered tariff rates and made up for some of the lost revenue by introducing taxes on income, corporate profits, gifts, and inheritances. Chief Justice Melville Fuller's majority opinion in ''Pollock'' held that a federal tax on income derived from property was unconstitutional when it was not appor ...
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Lawyers' Edition
The ''United States Supreme Court Reports, Lawyers' Edition'', or ''Lawyers' Edition'' (L. Ed. and L. Ed. 2d in case citations) is an unofficial reporter of Supreme Court of the United States opinions. The ''Lawyers' Edition'' was established by the Lawyers Cooperative Publishing Company of Rochester, New York in 1882, and features coverage of Supreme Court decisions going back to 1790. The first ''Lawyers' Edition'' series corresponds to the official ''United States Reports'' from volume 1 to volume 351, whereas the second series contains cases starting from the official reporter volume 352. It is currently published by LexisNexis. The ''Lawyers' Edition'' differs from the official reporter in that the editors write headnotes and case summaries, as well as provide annotations to some cases, and decisions are published far in advance of the official reporter. As such, it is similar to West's unofficial ''Supreme Court Reporter'' (S. Ct.). ''Lawyers' Edition'' case reports dif ...
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Unconstitutional
Constitutionality is said to be the condition of acting in accordance with an applicable constitution; "Webster On Line" the status of a law, a procedure, or an act's accordance with the laws or set forth in the applicable constitution. When laws, procedures, or acts directly violate the constitution, they are unconstitutional. All others are considered constitutional unless the country in question has a mechanism for challenging laws as unconstitutional. Applicability An act or statute enacted as law either by a national legislature or by a subordinate-level legislature such as that of a state or province may be declared unconstitutional. However, governments do not only create laws but also enforce the laws set forth in the document defining the government, which is the constitution. When the proper court determines that a legislative act or law conflicts with the constitution, it finds that law unconstitutional and declares it void in whole or in part. Depending on t ...
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Income Tax
An income tax is a tax imposed on individuals or entities (taxpayers) in respect of the income or profits earned by them (commonly called taxable income). Income tax generally is computed as the product of a tax rate times the taxable income. Taxation rates may vary by type or characteristics of the taxpayer and the type of income. The tax rate may increase as taxable income increases (referred to as graduated or progressive tax rates). The tax imposed on companies is usually known as corporate tax and is commonly levied at a flat rate. Individual income is often taxed at progressive rates where the tax rate applied to each additional unit of income increases (e.g., the first $10,000 of income taxed at 0%, the next $10,000 taxed at 1%, etc.). Most jurisdictions exempt local charitable organizations from tax. Income from investments may be taxed at different (generally lower) rates than other types of income. Credits of various sorts may be allowed that reduce tax. Some jurisdicti ...
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Grover Cleveland
Stephen Grover Cleveland (March 18, 1837June 24, 1908) was an American lawyer and politician who served as the 22nd and 24th president of the United States from 1885 to 1889 and from 1893 to 1897. Cleveland is the only president in American history to serve two non-consecutive terms in office. He won the popular vote for three presidential elections—in 1884, 1888, and 1892—and was one of two Democrats (followed by Woodrow Wilson in 1912) to be elected president during the era of Republican presidential domination dating from 1861 to 1933. In 1881, Cleveland was elected mayor of Buffalo, and in 1882, he was elected governor of New York. He was the leader of the pro-business Bourbon Democrats who opposed high tariffs, free silver, inflation, imperialism, and subsidies to business, farmers, or veterans. His crusade for political reform and fiscal conservatism made him an icon for American conservatives of the era. Cleveland won praise for his honesty, self-reliance, ...
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Democratic Party (United States)
The Democratic Party is one of the two major contemporary political parties in the United States. Founded in 1828, it was predominantly built by Martin Van Buren, who assembled a wide cadre of politicians in every state behind war hero Andrew Jackson, making it the world's oldest active political party.M. Philip Lucas, "Martin Van Buren as Party Leader and at Andrew Jackson's Right Hand." in ''A Companion to the Antebellum Presidents 1837–1861'' (2014): 107–129."The Democratic Party, founded in 1828, is the world's oldest political party" states Its main political rival has been the Republican Party since the 1850s. The party is a big tent, and though it is often described as liberal, it is less ideologically uniform than the Republican Party (with major individuals within it frequently holding widely different political views) due to the broader list of unique voting blocs that compose it. The historical predecessor of the Democratic Party is considered to be th ...
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1892 United States Elections
The 1892 United States elections was held on November 8, electing member to the 53rd United States Congress, taking place during the Third Party System. Democrats retained the House and won control of the Presidency and the Senate. Following the election, Democrats controlled the Presidency and a majority in both chambers of Congress for the first time since the 1858 elections. In the Presidential election, Republican President Benjamin Harrison was defeated by former Democratic President Grover Cleveland. Cleveland won the popular vote by a margin of three percent, but won by a large margin in the electoral college. Populist James B. Weaver also carried five Western states and won a little over eight percent of the vote. At the 1892 Republican National Convention, Harrison fended off a challenge from supporters of former Secretary of State James G. Blaine and Governor William McKinley of Ohio. At the 1892 Democratic National Convention, Cleveland defeated Senator David B. Hi ...
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Populist Party (United States)
The People's Party, also known as the Populist Party or simply the Populists, was a left-wing agrarian populist political party in the United States in the late 19th century. The Populist Party emerged in the early 1890s as an important force in the Southern and Western United States, but collapsed after it nominated Democrat William Jennings Bryan in the 1896 United States presidential election. A rump faction of the party continued to operate into the first decade of the 20th century, but never matched the popularity of the party in the early 1890s. The Populist Party's roots lay in the Farmers' Alliance, an agrarian movement that promoted economic action during the Gilded Age, as well as the Greenback Party, an earlier third party that had advocated fiat money. The success of Farmers' Alliance candidates in the 1890 elections, along with the conservatism of both major parties, encouraged Farmers' Alliance leaders to establish a full-fledged third party before the 1892 elect ...
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Socialist Labor Party Of America
The Socialist Labor Party (SLP)"The name of this organization shall be Socialist Labor Party". Art. I, Sec. 1 of thadopted at the Eleventh National Convention (New York, July 1904; amended at the National Conventions 1908, 1912, 1916, 1920, 1924, 1928, 1932, 1936, 1940, 1944, 1948, 1952, 1956, 1960, 1964, 1968, 1972, 1976, 1977, 1978, 1979, 1980, 1981, 1982, 1983, 1984, 1987, 1989, 1991, 1993, 2001, 2005 and 2007) (cited February 18, 2016). is the first socialist political party in the United States, established in 1876. Originally known as the Workingmen's Party of the United States, the party changed its name in 1877 to Socialistic Labor Party
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Springer V
Springer or springers may refer to: Publishers * Springer Science+Business Media, aka Springer International Publishing, a worldwide publishing group founded in 1842 in Germany formerly known as Springer-Verlag. ** Springer Nature, a multinational academic publishing group created by the merger of Springer Science+Business Media, Nature Publishing Group, Palgrave Macmillan, and Macmillan Education * Axel Springer SE, an important conservative German publishing house, including several newspapers * Springer Publishing Company, an American publishing company of academic journals and books, focusing on public health and the like Places ;United States * Springer, New Mexico * Springer, Oklahoma * Springer Mountain, southern terminus of the Appalachian Trail * Springer Opera House, Columbus, Georgia Animals * In cattle, a cow or heifer near to calving * English Springer Spaniel, a breed of dog * Welsh Springer Spaniel, a breed of dog * Springer (orca), a wild orca (killer whale) also ...
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Revenue Act Of 1861
The Revenue Act of 1861, formally cited as Act of August 5, 1861, Chap. XLV, 12 Stat. 292', included the first U.S. Federal income tax statute (seSec.49. The Act, motivated by the need to fund the Civil War, imposed an income tax to be "levied, collected, and paid, upon the annual income of every person residing in the United States, whether such income is derived from any kind of property, or from any profession, trade, employment, or vocation carried on in the United States or elsewhere, or from any other source whatever . . . . The tax imposed was a flat tax, with a rate of 3% on incomes above $800. The Revenue Act of 1861 was signed into law by Abraham Lincoln. The income tax provisionSections 49, 50 and 51 was repealed by the Revenue Act of 1862. (SeSec.89 which replaced the flat rate with a progressive scale of 3% on annual incomes beyond $600 (which was 3.4 times the 1862 nominal gross domestic product per capita of $177.69; the corresponding income in 2021 is $234K) an ...
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Revenue Act Of 1913
The Revenue Act of 1913, also known as the Underwood Tariff or the Underwood-Simmons Act (ch. 16, ), re-established a federal income tax in the United States and substantially lowered tariff rates. The act was sponsored by Representative Oscar Underwood, passed by the 63rd United States Congress, and signed into law by President Woodrow Wilson. Wilson and other members of the Democratic Party had long seen high tariffs as equivalent to unfair taxes on consumers, and tariff reduction was President Wilson's first priority upon taking office. Following the ratification of the Sixteenth Amendment in 1913, Democratic leaders agreed to seek passage of a major bill that would dramatically lower tariffs and implement an income tax. Underwood quickly shepherded the revenue bill through the House of Representatives, but the bill won approval in the United States Senate only after extensive lobbying by the Wilson administration. Wilson signed the bill into law on October 3, 1913. The Rev ...
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Henry Billings Brown
Henry Billings Brown (March 2, 1836 – September 4, 1913) was an associate justice of the Supreme Court of the United States from 1891 to 1906. Although a respected lawyer and U.S. District Judge before ascending to the high court, Brown is harshly criticized for writing the majority opinion in ''Plessy v. Ferguson'', widely regarded as one of the most ill-considered decisions ever issued by the Court, which upheld the legality of racial segregation in public transportation. ''Plessy'' legitimized existing state laws establishing racial segregation, and provided an impetus for later segregation statutes. Legislative achievements won during the Reconstruction Era were erased through ''Plessy's'' "separate but equal" doctrine. Brown has mostly been forgotten, or remembered only in derision for his obtuse statements in the ''Plessy'' opinion, such as his frequently-ridiculed rejection of a claim that the Louisiana segregation statute at issue "stamps the colored race with a b ...
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