United States V. Booth
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United States V. Booth
''Ableman v. Booth'', 62 U.S. (21 How.) 506 (1859), was a United States Supreme Court case in which the Court unanimously held that state courts cannot issue rulings that contradict the decisions of federal courts,Hoiberg, Dale H. (2010) overturning a decision by the Supreme Court of Wisconsin. The Court found that under the Constitution, federal courts have the final power to decide cases arising under the Constitution and federal statutes, and that the States do not have the power to overturn those decisions. Thus, Wisconsin did not have the authority to nullify federal judgments or statutes. For example, it is illegal for state officials to interfere with the work of U.S. Marshals acting under federal laws. The ''Ableman'' decision emphasized the dual form of American government and the independence of State and federal courts from each other. Background In 1850, the Congress of the United States adopted a strengthened Fugitive Slave Act as part of the Compromise of 1850. Ten ...
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Writ Of Habeas Corpus
''Habeas corpus'' (; from Medieval Latin, ) is a recourse in law through which a person can report an unlawful detention or imprisonment to a court and request that the court order the custodian of the person, usually a prison official, to bring the prisoner to court, to determine whether the detention is lawful. The writ of ''habeas corpus'' was described in the eighteenth century by William Blackstone as a "great and efficacious writ in all manner of illegal confinement". It is a summons with the force of a court order; it is addressed to the custodian (a prison official, for example) and demands that a prisoner be brought before the court, and that the custodian present proof of authority, allowing the court to determine whether the custodian has lawful authority to detain the prisoner. If the custodian is acting beyond their authority, then the prisoner must be released. Any prisoner, or another person acting on their behalf, may petition the court, or a judge, for a w ...
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James Buchanan
James Buchanan Jr. ( ; April 23, 1791June 1, 1868) was an American lawyer, diplomat and politician who served as the 15th president of the United States from 1857 to 1861. He previously served as secretary of state from 1845 to 1849 and represented Pennsylvania in both houses of the U.S. Congress. He was an advocate for states' rights, particularly regarding slavery, and minimized the role of the federal government preceding the Civil War. Buchanan was the last president born in the 18th century. Buchanan was a prominent lawyer in Pennsylvania and won his first election to the state's House of Representatives as a Federalist. He was elected to the U.S. House of Representatives in 1820 and retained that post for five terms, aligning with Andrew Jackson's Democratic Party. Buchanan served as Jackson's minister to Russia in 1832. He won the election in 1834 as a U.S. senator from Pennsylvania and continued in that position for 11 years. He was appointed to serve as President ...
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Criminal Cases In The Taney Court
In ordinary language, a crime is an unlawful act punishable by a state or other authority. The term ''crime'' does not, in modern criminal law, have any simple and universally accepted definition,Farmer, Lindsay: "Crime, definitions of", in Cane and Conoghan (editors), ''The New Oxford Companion to Law'', Oxford University Press, 2008 (), p. 263Google Books). though statutory definitions have been provided for certain purposes. The most popular view is that crime is a category created by law; in other words, something is a crime if declared as such by the relevant and applicable law. One proposed definition is that a crime or offence (or criminal offence) is an act harmful not only to some individual but also to a community, society, or the state ("a public wrong"). Such acts are forbidden and punishable by law. The notion that acts such as murder, rape, and theft are to be prohibited exists worldwide. What precisely is a criminal offence is defined by the criminal law of each r ...
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1859 In Wisconsin
Events January–March * January 21 – José Mariano Salas (1797–1867) becomes Conservative interim President of Mexico. * January 24 ( O. S.) – Wallachia and Moldavia are united under Alexandru Ioan Cuza (Romania since 1866, final unification takes place on December 1, 1918; Transylvania and other regions are still missing at that time). * January 28 – The city of Olympia is incorporated in the Washington Territory of the United States of America. * February 2 – Miguel Miramón (1832–1867) becomes Conservative interim President of Mexico. * February 4 – German scholar Constantin von Tischendorf rediscovers the ''Codex Sinaiticus'', a 4th-century uncial manuscript of the Greek Bible, in Saint Catherine's Monastery on the foot of Mount Sinai, in the Khedivate of Egypt. * February 14 – Oregon is admitted as the 33rd U.S. state. * February 12 – The Mekteb-i Mülkiye School is founded in the Ottoman Empire. * February 17 – French naval forces under Charles Ri ...
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