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Prop 8
Proposition 8, known informally as Prop 8, was a California ballot proposition and a constitutional amendment, state constitutional amendment intended to ban same-sex marriage; it passed in the California state elections, November 2008, November 2008 California state elections and was later overturned in court. The proposition was created by opponents of Same-sex marriage in California, same-sex marriage in advance of the California Supreme Court's May 2008 appeal ruling, ''In re Marriage Cases'', which followed the short-lived San Francisco 2004 same-sex weddings, 2004 same-sex weddings controversy and found the previous ban on same-sex marriage (California Proposition 22 (2000), Proposition 22, 2000) unconstitutional. Proposition 8 was ultimately ruled unconstitutional by a federal court (on different grounds) in 2010, although the court decision did not go into effect until June 26, 2013, following the conclusion of proponents' appeals. Proposition 8 countermanded the 2008 ...
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California Secretary Of State
The secretary of state of California is the chief clerk of the U.S. state of California, overseeing a department of 500 people. The secretary of state is elected for four year terms, like the state's other constitutional officers; the officeholder is restricted by term limits to two terms. The current secretary of state is Shirley Weber, who assumed the role following the resignation of Alex Padilla, who was appointed to become the U.S. Senator for California following Kamala Harris' resignation to become the Vice President of the United States. Duties Elections The secretary of state is California's chief elections officer, overseeing all federal and state elections in the state and maintaining a database of registered voters. The officeholder is also responsible for disclosure of campaign and lobbyist financial information, under the California Political Reform Act of 1974. Corporations The Office of the Secretary of State has a number of responsibilities related to corpora ...
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Due Process Clause
In United States constitutional law, a Due Process Clause is found in both the Fifth and Fourteenth Amendments to the United States Constitution, which prohibits arbitrary deprivation of "life, liberty, or property" by the government except as authorized by law. The U.S. Supreme Court interprets these clauses broadly, concluding that they provide three protections: procedural due process (in civil and criminal proceedings); substantive due process, a prohibition against vague laws; and as the vehicle for the incorporation of the Bill of Rights. Text The clause in the Fifth Amendment to the United States Constitution provides: The clause in Section One of the Fourteenth Amendment to the United States Constitution provides: Background Clause 39 of Magna Carta provided: The phrase "due process of law" first appeared in a statutory rendition of the Magna Carta in 1354 during the reign of Edward III of England, as follows: Drafting New York was the only state that asked ...
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2008 United States Presidential Election
The 2008 United States presidential election was the 56th quadrennial presidential election, held on Tuesday, November 4, 2008. The Democratic ticket of Barack Obama, the junior senator from Illinois, and Joe Biden, the senior senator from Delaware, defeated the Republican ticket of John McCain, the senior senator from Arizona, and Sarah Palin, the governor of Alaska. Obama became the first African American to be elected to the presidency, as well as being only the third sitting United States senator elected president, joining Warren G. Harding and John F. Kennedy. Meanwhile, Biden became the first senator running mate of a senator elected president since Lyndon B. Johnson (who was Kennedy's running mate) in the 1960 election. Incumbent Republican President George W. Bush was ineligible to pursue a third term due to the term limits established by the 22nd Amendment. McCain secured the Republican nomination by March 2008, defeating former governors Mitt Romney, Mike Hu ...
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Jerry Brown
Edmund Gerald Brown Jr. (born April 7, 1938) is an American lawyer, author, and politician who served as the 34th and 39th governor of California from 1975 to 1983 and 2011 to 2019. A member of the Democratic Party, he was elected Secretary of State of California in 1970; Brown later served as Mayor of Oakland from 1999 to 2007 and Attorney General of California from 2007 to 2011. He was both the oldest and sixth-youngest governor of California due to the 28-year gap between his second and third terms. Upon completing his fourth term in office, Brown became the fourth longest-serving governor in U.S. history, serving 16 years and 5 days in office. Born in San Francisco, he is the son of Bernice Layne Brown and Pat Brown, who was the 32nd Governor of California (1959–1967). After graduating from the University of California, Berkeley and Yale University, he practiced law and began his political career as a member of the Los Angeles Community College District Board of Trustees ...
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United States Federal Courts
The federal judiciary of the United States is one of the three branches of the federal government of the United States organized under the Constitution of the United States, United States Constitution and Law of the United States, laws of the federal government. The U.S. federal judiciary consists primarily of the Supreme Court of the United States, U.S. Supreme Court, the United States Courts of Appeals, U.S. Courts of Appeals, and the United States District Courts, U.S. District Courts. It also includes a variety of other lesser federal tribunals. Article III of the United States Constitution, Article III of the Constitution requires the establishment of a Supreme Court and permits the Congress to create other federal courts and place limitations on their jurisdiction. Article III states that United States federal judge, federal judges are appointed by the President of the United States, president with the consent of the United States Senate, Senate to serve until they resign, a ...
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Standing (law)
In law, standing or ''locus standi'' is a condition that a party seeking a legal remedy must show they have, by demonstrating to the court, sufficient connection to and harm from the law or action challenged to support that party's participation in the case. A party has standing in the following situations: * The party is directly subject to an adverse effect by the statute or action in question, and the harm suffered will continue unless the court grants relief in the form of damages or a finding that the law either does not apply to the party or that the law is void or can be nullified. This is called the "something to lose" doctrine, in which the party has standing because they will be directly harmed by the conditions for which they are asking the court for relief. * The party is not directly harmed by the conditions by which they are petitioning the court for relief but asks for it because the harm involved has some reasonable relation to their situation, and the continued exis ...
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Hollingsworth V
Hollingsworth is a surname of English origin. Notable people with the surname include: * Adam Hollingsworth (born 1969), US politician * Al Hollingsworth (other), several people * Alvin Hollingsworth (1928 – 2000), US painter * Andrew Hollingsworth (born 1979), English cricketer * Ben Hollingsworth (actor) (born 1984), Canadian actor * Ben Hollingsworth (soccer) (born 1982), US soccer player * Bonnie Hollingsworth (1895 – 1990), US baseball player * David Hollingsworth (1844 – 1929), US congressman * Dean Hollingsworth (born 1961), Guernsey actor * Dennis Hollingsworth (born 1967), US politician * Don Hollingsworth (born 1932), Canadian football player * Elaine Hollingsworth (born 1928), US actress * Ellery Hollingsworth, snowboarder * George Hollingsworth (1813 – 1882), US artist * J. Rogers Hollingsworth (born 1932), American historian and sociologist * Joe E. Hollingsworth (1908 – 1975), US politician * John D. Hollingsworth (191 ...
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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 court cases, and over state court cases that involve a point of federal law. It also has 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, the ability to invalidate a statute for violating a provision of the 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 over which it has jurisdiction. The court may decide cases having political overtones, but has ruled that it does not have power to decide non-justiciable political questions. Established by Article Three of the United States ...
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United States Court Of Appeals For The Ninth Circuit
The United States Court of Appeals for the Ninth Circuit (in case citations, 9th Cir.) is the U.S. federal court of appeals that has appellate jurisdiction over the U.S. district courts in the following federal judicial districts: * District of Alaska * District of Arizona * Central District of California * Eastern District of California * Northern District of California * Southern District of California * District of Hawaii * District of Idaho * District of Montana * District of Nevada * District of Oregon * Eastern District of Washington * Western District of Washington The Ninth Circuit also has appellate jurisdiction over the territorial courts for the District of Guam and the District of the Northern Mariana Islands. Additionally, it sometimes handles appeals that originate from American Samoa, which has no district court and partially relies on the District of Hawaii for its federal cases.https://www.gao.gov/products/GAO-08-1124T GAO (U.S. Government Accountabil ...
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Stay Of Execution
A stay of execution is a court order to temporarily suspend the execution of a court judgment or other court order. The word "execution" does not always mean the death penalty. It refers to the imposition of whatever judgment is being stayed and is similar to an injunction. A stay can be granted automatically by operation of law or by order of a court, either following a motion or by agreement of the parties. If a party appeals a decision, any judgment issued by the original court may be stayed until the appeal is resolved. Death penalty stays In cases that the death penalty has been imposed, a stay of execution is often sought to defer the execution of the convicted person. That may occur if new evidence is discovered to exonerate the convicted person or in attempts to have the sentence commuted to life imprisonment. In the United States, all death sentences are automatically stayed pending a direct review by an appeals court. If the death sentence is found to have been legally ...
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Question Of Fact
In law, a question of law, also known as a point of law, is a question that must be answered by applying relevant legal principles to interpretation of the law. Such a question is distinct from a question of fact, which must be answered by reference to facts and evidence as well as inferences arising from those facts. Answers to questions of law are generally expressed in terms of broad legal principles and can be applied to many situations rather than be dependent on particular circumstances or factual situations. An answer to a question of law as applied to the particular facts of a case is often referred to as a ''conclusion of law''. In several civil law jurisdictions, the highest courts deem questions of fact as having been settled by the lower courts and will only consider questions of law. They thus may refer a case back to a lower court to re-apply the law and answer any fact-based evaluations based on their answer on the application of the law. International courts such as t ...
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Rational Basis Review
In U.S. constitutional law, rational basis review is the normal standard of review that courts apply when considering constitutional questions, including due process or equal protection questions under the Fifth Amendment or Fourteenth Amendment. Courts applying rational basis review seek to determine whether a law is "rationally related" to a "legitimate" government interest, whether real or hypothetical."Rational Basis Test"
Cornell University Law School. Accessed May 13, 2022.
The higher levels of scrutiny are intermediate scrutiny and . Heightened scrutiny is applied ...
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