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Dormant Commerce Clause
The Dormant Commerce Clause, or Negative Commerce Clause, in American constitutional law, is a legal doctrine that courts in the United States have inferred from the Commerce Clause in Article I of the United States Constitution, Article I of the US Constitution. The primary focus of the doctrine is barring state Protectionism in the United States, protectionism. The Dormant Commerce Clause is used to prohibit state legislation that discriminates against, or unduly burdens, interstate or International trade, international commerce. Courts first determine whether a state regulation discriminates on its face against interstate commerce or whether it has the purpose or effect of discriminating against interstate commerce. If the statute is discriminatory, the state has the burden to justify both the local benefits flowing from the statute and to show the state has no other means of advancing the legitimate local purpose. For example, it is lawful for Michigan to List of food labeling r ...
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American Constitutional Law
The constitutional law of the United States is the body of law governing the interpretation and implementation of the United States Constitution. The subject concerns the scope of power of the United States federal government compared to the individual states and the fundamental rights of individuals. The ultimate authority upon the interpretation of the Constitution and the constitutionality of statutes, state and federal, lies with the Supreme Court of the United States. The Supreme Court Judicial review Early in its history, in ''Marbury v. Madison'', 5 U.S. 137 (1803) and ''Fletcher v. Peck'', 10 U.S. 87 (1810), the Supreme Court of the United States declared that the judicial power granted to it by Article III of the United States Constitution included the power of judicial review, to consider challenges to the constitutionality of a State or Federal law. The holding in these cases empowered the Supreme Court to strike down enacted laws that were contrary to the Constit ...
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Tonnage
Tonnage is a measure of the cargo-carrying capacity of a ship, and is commonly used to assess fees on commercial shipping. The term derives from the taxation paid on ''tuns'' or casks of wine. In modern maritime usage, "tonnage" specifically refers to a calculation of the volume or cargo volume of a ship. Although tonnage (volume) should not be confused with displacement (the actual weight of the vessel), the long ton (or imperial ton) of 2,240 lb is derived from the fact that a "tun" of wine typically weighed that much. Tonnage measurements Tonnage measurements are governed by an IMO Convention (International Convention on Tonnage Measurement of Ships, 1969 (London-Rules)), which initially applied to all ships built after July 1982, and to older ships from July 1994.
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Cooley V
Cooley may refer to: *Cooley (surname), a surname (and a list of people with the surname) *Cooley Distillery, an Irish whiskey distillery *Cooley LLP, a Silicon Valley-based law firm *Cooley Peninsula, Ireland *Cooley High School, Detroit, Michigan, USA * Thomas M. Cooley Law School, Lansing, Michigan, USA *McNary, Arizona, formerly known as Cooley * Cooley, County Tyrone, a townland in County Tyrone, Northern Ireland See also *''Cooley High'', a 1975 film produced by American International Pictures *'' Cooley v. Board of Wardens'' (53 U.S. 299) (1853), a United States Supreme Court case regarding shipping *Táin Bó Cúailnge (Cattle Raid of Cooley), a central tale in the Ulster Cycle of Irish mythology *Birch Cooley Township, Minnesota, in Renville County, Minnesota, USA * Cowley (other) * Coley (other) * Colley (other) * Coolie, an Asian slave or a racial slur * Cooley Mountains The Cooley Mountains () are on the Cooley Peninsula in northeast Cou ...
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Exclusive Federal Power
Exclusive federal powers are powers within a federal system of government that each constituent political unit (such as a state or province) is absolutely or conditionally prohibited from exercising.Scardino, Frank. The Complete Idiot's Guide to U.S. Government and Politics', p. 31 (Penguin 2009). That is, either a constituent political unit may never exercise these powers, or may only do so with the consent of the federal government. These powers are contrasted with concurrent powers, which are shared by both the federal government and each constituent political unit. United States According to U.S. law, reserved powers (i.e. states' rights) belong exclusively to each state. They are distinct from the enumerated powers that are listed in the Constitution of the United States, which include both concurrent powers and exclusive federal powers. In Federalist No. 32, Alexander Hamilton described three distinct types of exclusive federal powers:Hamilton, Alexander.Federalist 32 ...
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Willson V
Willson may refer to: * Willson (name) * Willson River, a river on Kangaroo Island in South Australia * Willson River, South Australia, a locality on Kangaroo Island * Willson Tower, a building in Cleveland, Ohio, USA See also * * Wilson (other) Wilson may refer to: People *Wilson (name) ** List of people with given name Wilson ** List of people with surname Wilson * Wilson (footballer, 1927–1998), Brazilian manager and defender *Wilson (footballer, born 1984), full name Wilson Rodr ...
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William Johnson (judge)
William Johnson Jr. (December 27, 1771 – August 4, 1834) was an American attorney, state legislator, and jurist who served as an Associate Justice of the Supreme Court of the United States from 1804 until his death in 1834. When he was 32 years old, Johnson was appointed to the Supreme Court by President Thomas Jefferson. He was the first Jeffersonian Republican member of the Court as well as the second Justice from the state of South Carolina. During his tenure, Johnson restored the act of delivering seriatim opinions. He wrote about half of the dissents during the Marshall Court, leading historians to nickname him the "first dissenter". Johnson wrote the majority opinion for two major cases (including '' United States v. Hudson'') and hundreds of majority opinions in minor admiralty, land, and insurance cases. He supported a strong federal government in economic matters, leading him to join the majority in cases such as '' McCulloch v. Maryland'', ''Gibbons v. Ogden'', ...
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Gibbons V
Gibbons may refer to: * The plural of gibbon, an ape in the family Hylobatidae * Gibbons (surname) * Gibbons, Alberta * Gibbons (automobile), a British light car of the 1920s * Gibbons P.C., a leading American law firm headquartered in New Jersey * Gibbons, a character from Tom Goes to the Mayor See also * Orlando Gibbons (1583–1625), an English composer * Gibbons v. Ogden, an 1824 United States Supreme Court case * Stanley Gibbons, a company specialising in postage stamps * Cardinal Gibbons High School (Florida), a private high school in Fort Lauderdale, Florida * Gibbon (other) Gibbons are apes in the family Hylobatidae. Gibbon may also refer to: Places *Gibbon, Minnesota, USA *Gibbon, Nebraska, USA *Gibbon, Oregon, USA *Gibbon Bay, South Orkney Islands, Antarctica * Ray Gibbon Drive, St Albert, Canada Other uses * G ... * Justice Gibbons (other) {{disambig ...
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Dicta
In general usage, a dictum ( in Latin; plural dicta) is an authoritative or dogmatic statement. In some contexts, such as legal writing and church cantata librettos, ''dictum'' can have a specific meaning. Legal writing In United States legal terminology, a ''dictum'' is a statement of opinion considered authoritative (although not binding), given the recognized authoritativeness of the person who pronounced it."dictum", Black's Law Dictionary (8th ed. 2004); C.J.S. Courts §§ 142-143. There are multiple subtypes of ''dicta'', although due to their overlapping nature, legal practitioners in the U.S. colloquially use ''dictum'' to refer to any statement by a court the scope of which extends beyond the issue before the court. ''Dicta'' in this sense are not binding under the principle of ''stare decisis'', but tend to have a strong persuasive effect, by virtue of having been stated in an authoritative decision, or by an authoritative judge, or both. These subtypes include: * ''dict ...
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Limits On The States
Limit or Limits may refer to: Arts and media * ''Limit'' (manga), a manga by Keiko Suenobu * ''Limit'' (film), a South Korean film * Limit (music), a way to characterize harmony * "Limit" (song), a 2016 single by Luna Sea * "Limits", a 2019 song by Paenda; see Austria in the Eurovision Song Contest 2019 * ''Limits'' (collection), a collection of short stories and essays by Larry Niven * The Limit, a Dutch band *The Limit, an episode from ''The Amazing World of Gumball'' Mathematics * Limit (mathematics), the value that a function or sequence "approaches" as the input or index approaches some value ** Limit of a function ***(ε,_δ)-definition of limit, formal definition of the mathematical notion of limit ** Limit of a sequence ** One-sided limit, either of the two limits of a function as a specified point is approached from below or from above * Limit of a net * Limit point, in topological spaces * Limit (category theory) ** Direct limit ** Inverse limit Other uses * Limit ...
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Philadelphia Convention
The Constitutional Convention took place in Philadelphia from May 25 to September 17, 1787. Although the convention was intended to revise the league of states and first system of government under the Articles of Confederation, the intention from the outset of many of its proponents, chief among them James Madison of Virginia and Alexander Hamilton of New York, was to create a new Frame of Government rather than fix the existing one. The delegates elected George Washington of Virginia, former commanding general of the Continental Army in the late American Revolutionary War (1775–1783) and proponent of a stronger national government, to become President of the convention. The result of the convention was the creation of the Constitution of the United States, placing the Convention among the most significant events in American history. The convention took place in the old Pennsylvania State House (now known as Independence Hall) in Philadelphia. At the time, the convention was ...
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Concurrent Powers
Concurrent powers are powers of a federal state that are shared by both the federal government and each constituent political unit, such as a state or province. These powers may be exercised simultaneously within the same territory, in relation to the same body of citizens, and regarding the same subject-matter.Scardino, Frank. The Complete Idiot's Guide to U.S. Government and Politics', p. 31 (Penguin 2009). Concurrent powers are contrasted with reserved powers (not possessed by the federal government) and with exclusive federal powers Exclusive federal powers are powers within a federal system of government that each constituent political unit (such as a state or province) is absolutely or conditionally prohibited from exercising.Scardino, Frank. The Complete Idiot's Guide to ... (forbidden to be possessed by the states, or requiring federal permission). Federal law is supreme and so, it may pre-empt a state or provincial law in case of conflict. Concurrent powers can t ...
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Roger Sherman
Roger Sherman (April 19, 1721 – July 23, 1793) was an American statesman, lawyer, and a Founding Father of the United States. He is the only person to sign four of the great state papers of the United States related to the founding: the Continental Association, Declaration of Independence, Articles of Confederation, and U.S. Constitution. He also signed the 1774 Petition to the King. Born in Newton, Massachusetts, Sherman established a legal career in Litchfield County, Connecticut, despite a lack of formal education. After a period in the Connecticut House of Representatives, he served as a justice of the Superior Court of Connecticut from 1766 to 1789. He represented Connecticut at the Continental Congress, and he was a member of the Committee of Five that drafted the Declaration of Independence. Sherman served as a delegate to the 1787 Philadelphia Convention, which produced the United States Constitution. After Benjamin Franklin, he was the second oldest delegate prese ...
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