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Taney Court
The Taney Court refers to the Supreme Court of the United States from 1836 to 1864, when Roger Taney served as the fifth Chief Justice of the United States. Taney succeeded John Marshall as Chief Justice after Marshall's death in 1835. Taney served as Chief Justice until his death in 1864, at which point Salmon P. Chase took office. Taney had been an important member of Andrew Jackson's administration, an advocate of Jacksonian democracy, and had played a major role in the Bank War, during which Taney wrote a memo questioning the Supreme Court's power of judicial review. However, the Taney Court did not strongly break from the decisions and precedents of the Marshall Court, as it continued to uphold a strong federal government with an independent judiciary. Most of the Taney Court's holdings are overshadowed by the decision in ''Dred Scott v. Sandford'', in which the court ruled that African-Americans could not be citizens. However, the Taney Court's decisions regarding economic ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Marshall Court
The Marshall Court refers to the Supreme Court of the United States from 1801 to 1835, when John Marshall served as the fourth Chief Justice of the United States. Marshall served as Chief Justice until his death, at which point Roger Taney took office. The Marshall Court played a major role in increasing the power of the judicial branch, as well as the power of the national government. Membership The Marshall Court began in 1801, when President John Adams appointed Secretary of State John Marshall to replace the retiring Oliver Ellsworth. Marshall was nominated after former Chief Justice John Jay refused the position; many in Adams's party advocated the elevation of Associate Justice William Paterson, but Adams refused to nominate someone close to his intra-party rival, Alexander Hamilton. The Marshall Court began with Marshall and five Associate Justices from the Ellsworth Court: William Cushing, William Paterson, Samuel Chase, Bushrod Washington, and Alfred Moore. Pres ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Holding (law)
The holding is a court's determination of a matter of law based on the issue presented in the particular case. In other words: under ''this'' law, with ''these'' facts, ''this'' result. It is the same as a 'decision' made by the judge; however "decision" can also refer to the judge's entire opinion, containing, for example, a discussion of facts, issues, and law as well as the holding. The ''holding'' is the "legal principle to be drawn from the opinion (decision) of the court." Appellate review "The word 'holding' is indefinite and may refer to a trial ruling of the court upon evidence or other questions presented during the trial. Of course, no oral statement made by the court at the close of a trial, nor any written memorandum opinion filed, may be assigned as error on appeal, as the final decision in a law action is the judgment signed, based upon the court's findings of fact and conclusions of law."''Edward L. Eyre & Co. v. Hirsch'', 36 Wn.2d 439, 446 (1950) See also *''Rat ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Martin Van Buren
Martin Van Buren ( ; nl, Maarten van Buren; ; December 5, 1782 – July 24, 1862) was an American lawyer and statesman who served as the eighth president of the United States from 1837 to 1841. A primary founder of the Democratic Party (United States), Democratic Party, he served as New York (state), New York's Attorney General of New York, attorney general, U.S. Senator, U.S. senator, then briefly as the ninth governor of New York before joining Andrew Jackson's administration as the tenth United States secretary of state, minister to the United Kingdom, and ultimately the eighth vice president of the United States when 1832 Democratic National Convention, named Jackson's running mate for the 1832 United States presidential election, 1832 election. Van Buren won the presidency in 1836 United States presidential election, 1836, lost re-election in 1840, and failed to win the Democratic nomination in 1844. Later in his life, Van Buren emerged as an Politician, elder statesman ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
John Catron
John Catron (January 7, 1786 – May 30, 1865) was an American jurist who served as an Associate Justice of the Supreme Court of the United States from 1837 to 1865, during the Taney Court. Early and family life Little is known of Catron's early life, other than that all of his grandparents emigrated from Germany to Virginia, as part of the extensive emigration of Swiss and Germans from Hesse and the Palatinate due to wars, and economic and religious insecurity in the area. His father, Peter (Catron) Kettering, had immigrated as a child with his parents from Mittelbrun in the German Palatinate and settled in Montgomery County (later Wythe County). His mother was Maria Elizabetha Houck, whose parents had settled in Virginia after emigrating from the Palatinate by way of Pennsylvania. His only sibling, Mary, later married Thomas Swift and moved to Missouri and, ultimately, Oregon. John Catron was a second cousin to Thomas Benton Catron, who later became one of the first senato ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
James Moore Wayne
James Moore Wayne (1790 – July 5, 1867) was an American attorney, judge and politician who served as an Associate Justice of the Supreme Court of the United States from 1835 to 1867. He previously served as the 16th Mayor of Savannah, Georgia from 1817 to 1819 and the member of the United States House of Representatives for Georgia's at-large congressional district from 1829 to 1835, when he was appointed to the Supreme Court of the United States, Supreme Court by President Andrew Jackson. He was a member of the Democratic Party (United States), Democratic Party. Early life Wayne was born in Savannah, Georgia in 1790. He was the son of Richard Wayne, who came to America in 1760, and married Elizabeth (née Clifford) Wayne on September 14, 1769. James' mother died in 1804 when James was fourteen years old. His sister Mary Wayne, wife of Richard Stites, was the great-grandmother of Juliette Gordon Low, the founder of the Girl Scouts of the USA. After completing preparator ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Henry Baldwin (judge)
Henry Baldwin (January 14, 1780 – April 21, 1844) was an Associate Justice of the Supreme Court of the United States from January 6, 1830, to April 21, 1844. Biography Descended from an aristocratic British family dating back to the seventeenth century, Baldwin was born in New Haven, Connecticut, the son of Michael Baldwin and Theodora Walcott. He was the half-brother of Abraham Baldwin. He attended Hopkins School, and received a B.A. at age 17 from Yale College in 1797, where he was also a member of Brothers in Unity. He also attended Litchfield Law School and read law in 1798. Baldwin then moved to Pittsburgh and established a successful law practice. He invested in iron furnaces north of the city, which prompted a move to Crawford County, Pennsylvania, of which he was elected the newly formed jurisdiction's first district attorney and served from 1799 to 1801. He was also the publisher of ''The Tree of Liberty'', a Democratic-Republican newspaper. After the death of ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
John McLean
John McLean (March 11, 1785 – April 4, 1861) was an American jurist and politician who served in the United States Congress, as U.S. Postmaster General, and as a justice of the Ohio and U.S. Supreme Courts. He was often discussed for the Whig Party nominations for President, and is also one of the few people who served in all three branches of government. Born in New Jersey, McLean lived in several frontier towns before settling in Ridgeville, Ohio. He founded '' The Western Star'', a weekly newspaper, and established a law practice. He won election to the United States House of Representatives, serving from 1813 until his election to the Ohio Supreme Court in 1816. He resigned from that position to accept appointment to the administration of President James Monroe, becoming the United States Postmaster General in 1823. Under Monroe and President John Quincy Adams, McLean presided over a major expansion of the United States Postal Service. In 1829, President Andrew J ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Smith Thompson
Smith Thompson (January 17, 1768 – December 18, 1843) was a US Secretary of the Navy from 1819 to 1823 and a US Supreme Court Associate Justice from 1823 to his death. Early life and the law Born in Amenia, New York, Thompson graduated from Princeton University (then known as the College of New Jersey) in 1788, taught for a short period thereafter, then studied law under James Kent and subsequently set up a law practice. He practiced in Troy, New York from 1792 to 1793, and in Poughkeepsie, New York from 1793 to 1802. Smith Thompson's father Ezra Thompson (1738-1816) and grandfather Samuel Thompson (1696-1768) were part of a family group that moved from New Haven, Connecticut to Dutchess County, New York by the time of the Revolution. His father's first cousins Israel Thompson and Jesse Thompson were both prominent citizens who served multiple terms in the New York State Assembly. Politics and the court Smith Thompson was elected to the New York State Assembly in 18 ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Joseph Story
Joseph Story (September 18, 1779 – September 10, 1845) was an associate justice of the Supreme Court of the United States, serving from 1812 to 1845. He is most remembered for his opinions in ''Martin v. Hunter's Lessee'' and ''United States v. The Amistad'', and especially for his ''Commentaries on the Constitution of the United States'', first published in 1833. Dominating the field in the 19th century, this work is a cornerstone of early American jurisprudence. It is the second comprehensive treatise on the provisions of the U.S. Constitution and remains a critical source of historical information about the forming of the American republic and the early struggles to define its law. Story opposed Jacksonian democracy, saying it was "oppression" of property rights by republican governments when popular majorities began in the 1830s to restrict and erode the property rights of the minority of rich men. R. Kent Newmyer presents Story as a "Statesman of the Old Republic" who tri ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Philip P
Philip, also Phillip, is a male given name, derived from the Greek (''Philippos'', lit. "horse-loving" or "fond of horses"), from a compound of (''philos'', "dear", "loved", "loving") and (''hippos'', "horse"). Prominent Philips who popularized the name include kings of Macedonia and one of the apostles of early Christianity. ''Philip'' has many alternative spellings. One derivation often used as a surname is Phillips. It was also found during ancient Greek times with two Ps as Philippides and Philippos. It has many diminutive (or even hypocoristic) forms including Phil, Philly, Lip, Pip, Pep or Peps. There are also feminine forms such as Philippine and Philippa. Antiquity Kings of Macedon * Philip I of Macedon * Philip II of Macedon, father of Alexander the Great * Philip III of Macedon, half-brother of Alexander the Great * Philip IV of Macedon * Philip V of Macedon New Testament * Philip the Apostle * Philip the Evangelist Others * Philippus of Croton (c. 6th centur ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Gabriel Duvall
Gabriel Duvall (December 6, 1752 – March 6, 1844) was an American politician and jurist. Duvall was an Associate Justice of the Supreme Court of the United States from 1811 to 1835, during the Marshall Court. Previously, Duvall was the Comptroller of the Treasury, a Maryland state court judge, a member of the U.S. House of Representatives from Maryland, and a Maryland state legislator. Whether Duvall is deserving of the title of "the most insignificant" justice in the history of the U.S. Supreme Court has been the subject of much academic interest, most notably a debate between University of Chicago Law Professors David P. Currie and (now-Judge) Frank H. Easterbrook in 1983. Currie argued that "impartial examination of Duvall's performance reveals to even the uninitiated observer that he achieved an enviable standard of insignificance against which all other justices must be measured." Easterbrook responded that Currie's analysis lacked "serious consideration of candidat ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Separation Of Powers
Separation of powers refers to the division of a state's government into branches, each with separate, independent powers and responsibilities, so that the powers of one branch are not in conflict with those of the other branches. The typical division is into three branches: a legislature, an executive, and a judiciary, which is sometimes called the model. It can be contrasted with the fusion of powers in parliamentary and semi-presidential systems where there can be overlap in membership and functions between different branches, especially the executive and legislative, although in most non-authoritarian jurisdictions, the judiciary almost never overlaps with the other branches, whether powers in the jurisdiction are separated or fused. The intention behind a system of separated powers is to prevent the concentration of power by providing for checks and balances. The separation of powers model is often imprecisely and metonymically used interchangeably with the ' principl ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
