United States V. Sprague
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United States V. Sprague
''United States v. Sprague'', 282 U.S. 716 (1931), was a United States Supreme Court case that dealt with the Fifth Article of the US Constitution. The defendants had been indicted under the National Prohibition Act and were attempting to quash their indictments, arguing that the Eighteenth Amendment had not been properly ratified. Their reasoning was that the Congress of the United States had chosen to ratify it by usage of state legislatures instead of constitutional conventions. If this were held true, Congress would have exceeded its authority in passing the NPA. The court did not agree, however, ruling that the Constitution explicitly authorized Congress to determine the method used in ratifying amendments. In part, Article Five states that any amendment "shall be valid to all Intents and Purposes, as part of this Constitution, when ratified by the Legislatures of three-fourths of the several States, or by Conventions in three fourths thereof, ''as the one or the other Mo ...
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Article Five Of The United States Constitution
Article Five of the United States Constitution describes the process for altering the Constitution. Under Article Five, the process to alter the Constitution consists of proposing an amendment or amendments, and subsequent ratification. Amendments may be proposed either by the Congress with a two-thirds vote in both the House of Representatives and the Senate; or by a convention to propose amendments called by Congress at the request of two-thirds of the state legislatures. To become part of the Constitution, an amendment must then be ratified by either—as determined by Congress—the legislatures of three-quarters of the states or by ratifying conventions conducted in three-quarters of the states, a process utilized only once thus far in American history with the 1933 ratification of the Twenty-First Amendment. The vote of each state (to either ratify or reject a proposed amendment) carries equal weight, regardless of a state's population or length of time in the Union. Ar ...
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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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National Prohibition Act
The National Prohibition Act, known informally as the Volstead Act, was an act of the 66th United States Congress, designed to carry out the intent of the 18th Amendment (ratified January 1919), which established the prohibition of alcoholic drinks. The Anti-Saloon League's Wayne Wheeler conceived and drafted the bill, which was named after Andrew Volstead, Chairman of the House Judiciary Committee, who managed the legislation. Procedure The Eighteenth Amendment to the United States Constitution prohibited the production, sale, and transport of "intoxicating liquors," but it did not define "intoxicating liquors" or provide penalties. It granted both the federal government and the states the power to enforce the ban by "appropriate legislation." A bill to do so was introduced in the United States Congress in 1919. The act was voided by the ratification of the Twenty-first Amendment in 1933. The bill was vetoed by President Woodrow Wilson on October 27, 1919, largely on techn ...
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Eighteenth Amendment To The United States Constitution
The Eighteenth Amendment (Amendment XVIII) of the United States Constitution established the prohibition of alcohol in the United States. The amendment was proposed by Congress on December 18, 1917, and was ratified by the requisite number of states on January 16, 1919. The Eighteenth Amendment was repealed by the Twenty-first Amendment on December 5, 1933—it is the only amendment to be repealed. The Eighteenth Amendment was the product of decades of efforts by the temperance movement, which held that a ban on the sale of alcohol would ameliorate poverty and other societal problems. The Eighteenth Amendment declared the production, transport and sale of intoxicating liquors illegal, although it did not outlaw the actual consumption of alcohol. Shortly after the amendment was ratified, Congress passed the Volstead Act to provide for the federal enforcement of Prohibition. The Volstead Act declared that liquor, wine and beer qualified as intoxicating liquors and were therefo ...
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Congress Of The United States
The United States Congress is the legislature of the federal government of the United States. It is Bicameralism, bicameral, composed of a lower body, the United States House of Representatives, House of Representatives, and an upper body, the United States Senate, Senate. It meets in the U.S. Capitol in Washington, D.C. Senators and representatives are chosen through direct election, though vacancies in the Senate may be filled by a Governor (United States), governor's appointment. Congress has 535 voting members: 100 senators and 435 representatives. The U.S. vice president has a vote in the Senate only when senators are evenly divided. The House of Representatives has six Non-voting members of the United States House of Representatives, non-voting members. The sitting of a Congress is for a two-year term, at present, beginning every other January. Elections in the United States, Elections are held every even-numbered year on Election Day (United States), Election Day. Th ...
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State Legislature (United States)
A state legislature in the United States is the legislative body of any of the 50 U.S. states. The formal name varies from state to state. In 27 states, the legislature is simply called the ''Legislature'' or the ''State Legislature'', while in 19 states the legislature is called the ''General Assembly''. In Massachusetts and New Hampshire, the legislature is called the ''General Court'', while North Dakota and Oregon designate the legislature the ''Legislative Assembly''. Composition Every state except Nebraska has a bicameral legislature, meaning that the legislature consists of two separate legislative chambers or houses. In each case the smaller chamber is called the Senate and is usually referred to as the upper house. This chamber typically, but not always, has the exclusive power to confirm appointments made by the governor and to try articles of impeachment. (In a few states, a separate Executive Council, composed of members elected from large districts, performs th ...
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Conventions Within The States To Ratify An Amendment To The United States Constitution
State ratifying conventions are one of the two methods established by Article V of the United States Constitution for ''ratifying'' proposed constitutional amendments. The only amendment that has been ratified through this method thus far is the 21st Amendment in 1933. Constitutional text Article V reads in pertinent part (italics added): Use of the convention ratification option Ratification of a proposed amendment has been done by state conventions only once—the 1933 ratification process of the 21st Amendment. The 21st is also the only constitutional amendment that repealed another one, that being the 18th Amendment, which had been ratified 14 years earlier. As is true for a state ''legislature'' when ratifying a proposed federal constitutional amendment, a state ratifying ''convention'' may not in any way change a proposed constitutional amendment, but must accept or reject the proposed amendment as written. Purpose The convention method of ratification describ ...
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List Of United States Supreme Court Cases, Volume 282
This is a list of cases reported in volume 282 of ''United States Reports'', decided by the Supreme Court of the United States in 1930 and 1931. Justices of the Supreme Court at the time of volume 282 U.S. The Supreme Court is established by Article III, Section 1 of the Constitution of the United States, which says: "The judicial Power of the United States, shall be vested in one supreme Court . . .". The size of the Court is not specified; the Constitution leaves it to Congress to set the number of justices. Under the Judiciary Act of 1789 Congress originally fixed the number of justices at six (one chief justice and five associate justices). Since 1789 Congress has varied the size of the Court from six to seven, nine, ten, and back to nine justices (always including one chief justice). When the cases in volume 282 were decided the Court comprised the following nine members: Federal court system Under the Judiciary Act of 1789 the federal court structure ...
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1931 In United States Case Law
Events January * January 2 – South Dakota native Ernest Lawrence invents the cyclotron, used to accelerate particles to study nuclear physics. * January 4 – German pilot Elly Beinhorn begins her flight to Africa. * January 22 – Sir Isaac Isaacs is sworn in as the first Australian-born Governor-General of Australia. * January 25 – Mohandas Gandhi is again released from imprisonment in India. * January 27 – Pierre Laval forms a government in France. February * February 4 – Soviet leader Joseph Stalin gives a speech calling for rapid industrialization, arguing that only strong industrialized countries will win wars, while "weak" nations are "beaten". Stalin states: "We are fifty or a hundred years behind the advanced countries. We must make good this distance in ten years. Either we do it, or they will crush us." The first five-year plan in the Soviet Union is intensified, for the industrialization and collectivization of agriculture. * February 10 – Official ...
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United States Supreme Court Cases
This page serves as an index of lists of United States Supreme Court cases. The United States Supreme Court is the highest federal court of the United States. By Chief Justice Court historians and other legal scholars consider each Chief Justice of the United States who presides over the Supreme Court of the United States to be the head of an era of the Court. These lists are sorted chronologically by Chief Justice and include most major cases decided by the Court. * Jay, Rutledge, and Ellsworth Courts (October 19, 1789 – December 15, 1800) * Marshall Court (February 4, 1801 – July 6, 1835) * Taney Court (March 28, 1836 – October 12, 1864) * Chase Court (December 15, 1864 – May 7, 1873) * Waite Court (March 4, 1874 – March 23, 1888) * Fuller Court (October 8, 1888 – July 4, 1910) * White Court (December 19, 1910 – May 19, 1921) * Taft Court (July 11, 1921 – February 3, 1930) * Hughes Court (February 24, 1930 – June ...
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United States Supreme Court Cases Of The Hughes Court
United may refer to: Places * United, Pennsylvania, an unincorporated community * United, West Virginia, an unincorporated community Arts and entertainment Films * ''United'' (2003 film), a Norwegian film * ''United'' (2011 film), a BBC Two film Literature * ''United!'' (novel), a 1973 children's novel by Michael Hardcastle Music * United (band), Japanese thrash metal band formed in 1981 Albums * ''United'' (Commodores album), 1986 * ''United'' (Dream Evil album), 2006 * ''United'' (Marvin Gaye and Tammi Terrell album), 1967 * ''United'' (Marian Gold album), 1996 * ''United'' (Phoenix album), 2000 * ''United'' (Woody Shaw album), 1981 Songs * "United" (Judas Priest song), 1980 * "United" (Prince Ital Joe and Marky Mark song), 1994 * "United" (Robbie Williams song), 2000 * "United", a song by Danish duo Nik & Jay featuring Lisa Rowe Television * ''United'' (TV series), a 1990 BBC Two documentary series * ''United!'', a soap opera that aired on BBC One from 1965-19 ...
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United States Constitution Article Five Case Law
United may refer to: Places * United, Pennsylvania, an unincorporated community * United, West Virginia, an unincorporated community Arts and entertainment Films * ''United'' (2003 film), a Norwegian film * ''United'' (2011 film), a BBC Two film Literature * ''United!'' (novel), a 1973 children's novel by Michael Hardcastle Music * United (band), Japanese thrash metal band formed in 1981 Albums * ''United'' (Commodores album), 1986 * ''United'' (Dream Evil album), 2006 * ''United'' (Marvin Gaye and Tammi Terrell album), 1967 * ''United'' (Marian Gold album), 1996 * ''United'' (Phoenix album), 2000 * ''United'' (Woody Shaw album), 1981 Songs * "United" (Judas Priest song), 1980 * "United" (Prince Ital Joe and Marky Mark song), 1994 * "United" (Robbie Williams song), 2000 * "United", a song by Danish duo Nik & Jay featuring Lisa Rowe Television * ''United'' (TV series), a 1990 BBC Two documentary series * ''United!'', a soap opera that aired on BBC One from 1965-19 ...
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