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Compensation Clause
Article Three of the United States Constitution establishes the judicial branch of the U.S. federal government. Under Article Three, the judicial branch consists of the Supreme Court of the United States, as well as lower courts created by Congress. Article Three empowers the courts to handle cases or controversies arising under federal law, as well as other enumerated areas. Article Three also defines treason. Section 1 of Article Three vests the judicial power of the United States in "one supreme Court", as well as "inferior courts" established by Congress. Section 1 authorizes the creation of inferior courts, but does not require it; the first inferior federal courts were established shortly after the ratification of the Constitution with the Judiciary Act of 1789. Section 1 also establishes that federal judges do not face term limits, and that an individual judge's salary may not be decreased. Article Three does not set the size of the Supreme Court or establish specific pos ...
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United States Constitution
The Constitution of the United States is the Supremacy Clause, supreme law of the United States, United States of America. It superseded the Articles of Confederation, the nation's first constitution, on March 4, 1789. Originally including seven articles, the Constitution delineates the frame of the Federal government of the United States, federal government. The Constitution's first three articles embody the doctrine of the separation of powers, in which the federal government is divided into three branches: the United States Congress, legislative, consisting of the bicameralism, bicameral Congress (Article One of the United States Constitution, Article I); the Federal government of the United States#Executive branch, executive, consisting of the President of the United States, president and subordinate officers (Article Two of the United States Constitution, Article II); and the Federal judiciary of the United States, judicial, consisting of the Supreme Court of the Unit ...
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Appellate Jurisdiction
An appellate court, commonly called a court of appeal(s), appeal court, court of second instance or second instance court, is any court of law that is empowered to hear a case upon appeal from a trial court or other lower tribunal. Appellate courts other than supreme courts are sometimes named as Intermediate appellate court. In much of the world, court systems are divided into at least three levels: the trial court, which initially hears cases and considers factual evidence and testimony relevant to the case; at least one intermediate appellate court; and a supreme court (or court of last resort) which primarily reviews the decisions of the intermediate courts, often on a discretionary basis. A particular court system's supreme court is its highest appellate court. Appellate courts nationwide can operate under varying rules. Under its standard of review, an appellate court determines the extent of the deference it will give to the lower court's decision, based on wheth ...
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Judiciary Act Of 1869
The Judiciary Act of 1869 (41st Congress, Sess. 1, ch. 22, , enacted April 10, 1869), formally An Act to amend the Judicial System of the United States and is sometimes called the Circuit Judges Act of 1869. It provided that the Supreme Court of the United States would consist of the chief justice of the United States and eight associate justices. It established separate judgeships for the U.S. circuit courts, and for the first time included a provision allowing federal judges to retire without losing their salary. This is the most recent legislation altering the size of the Supreme Court. The Act was signed by President Ulysses S. Grant. Impact Supreme Court size There were eight justices serving on the Supreme Court at the time the Act was enacted. The Judicial Circuits Act of 1866 had provided that the Court be reduced in size from ten to seven justices, but the reduction was to occur only as seats were vacated. Only one seat was vacated between the 1866 and 1869 Acts ( ...
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President Of The United States
The president of the United States (POTUS) is the head of state and head of government of the United States. The president directs the Federal government of the United States#Executive branch, executive branch of the Federal government of the United States, federal government and is the Powers of the president of the United States#Commander-in-chief, commander-in-chief of the United States Armed Forces. The power of the presidency has grown since the first president, George Washington, took office in 1789. While presidential power has ebbed and flowed over time, the presidency has played an increasing role in American political life since the beginning of the 20th century, carrying over into the 21st century with some expansions during the presidencies of Presidency of Franklin D. Roosevelt, Franklin D. Roosevelt and Presidency of George W. Bush, George W. Bush. In modern times, the president is one of the world's most powerful political figures and the leader of the world's ...
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Federal Impeachment Trial In The United States
In the United States, a federal impeachment trial is held as the second stage of the United States federal government's two-stage Federal impeachment in the United States, impeachment process. The preceding stage is the "impeachment" itself, held by a vote in the United States House of Representatives. Federal impeachment trials are held in the United States Senate, with the senators acting as the jurors. At the end of a completed impeachment trial, the U.S. Senate delivers a verdict. A "guilty" verdict (requiring a two-thirds majority) has the effect of immediately removing an officeholder from office. After, and only after, a "guilty" verdict, the Senate has the option of additionally barring the official from ever holding federal office again, which can be done by a simple-majority vote. Officers and other key figures in an impeachment trial Presiding officer In an impeachment trial of an incumbent president of the United States, the chief justice of the United States serve ...
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Trial Of Impeachment
In law, a trial is a coming together of parties to a dispute, to present information (in the form of evidence) in a tribunal, a formal setting with the authority to adjudicate claims or disputes. One form of tribunal is a court. The tribunal, which may occur before a judge, jury, or other designated trier of fact, aims to achieve a resolution to their dispute. Types by finder of fact Where the trial is held before a group of members of the community, it is called a jury trial. Where the trial is held solely before a judge, it is called a bench trial. Hearings before administrative bodies may have many of the features of a trial before a court, but are typically not referred to as trials. An appeal (appellate proceeding) is also generally not deemed a trial, because such proceedings are usually restricted to a review of the evidence presented before the trial court, and do not permit the introduction of new evidence. Types by dispute Criminal A criminal trial is designed to r ...
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Committee Of Detail
The Committee of Detail was a committee established by the United States Constitutional Convention on July 24, 1787 to put down a draft text reflecting the agreements made by the convention up to that point, including the Virginia Plan's 15 resolutions. The convention adjourned from July 26 to August 6 to await their report. Much of what was contained in the final document was present in this draft. The committee was chaired by John Rutledge, with the other members including Edmund Randolph, Oliver Ellsworth, James Wilson, and Nathaniel Gorham. Although the membership of the committee disproportionately favored the larger states, it was fairly evenly balanced in terms of geographic distribution: Gorham (Massachusetts) representing northern New England, Ellsworth (Connecticut) representing lower New England, Wilson (Pennsylvania) representing the middle states, Randolph (Virginia) representing the upper South, and Rutledge (South Carolina) representing the lower South. Ove ...
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Vesting Clauses
In United States constitutional law, the Vesting Clauses are three provisions in the United States Constitution which vest legislative power in Congress, executive power in the President, and judicial power in the federal courts. President Andrew Jackson interpreted these clauses as expressly creating a separation of powers among the three branches of the federal government A federation (also called a federal state) is an entity characterized by a political union, union of partially federated state, self-governing provinces, states, or other regions under a #Federal governments, federal government (federalism) .... In contrast, Victoria F. Nourse has argued that the Vesting Clauses do not create the separation of powers, and it actually arises from the representation and appointment clauses elsewhere in the Constitution. Texts See also * * * References External linksList of popular names of sections and clauses of the US Constitution {{DEFAULTSORT:Vestin ...
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The Spirit Of Laws
''The Spirit of Law'' (French: ''De l'esprit des lois'', originally spelled ''De l'esprit des loix''), also known in English as ''The Spirit of heLaws'', is a treatise on political theory, as well as a pioneering work in comparative law by Montesquieu, published in 1748. Originally published anonymously, as was the norm, its influence outside France was aided by its rapid translation into other languages. In 1750 Thomas Nugent published an English translation, many times revised and reprinted in countless editions. In 1751 the Roman Catholic Church added ''De l'esprit des lois'' to its ''Index Librorum Prohibitorum'' ("List of Prohibited Books"). Montesquieu's treatise, already widely disseminated, had an enormous influence on the work of many others, most notably: Catherine the Great, who produced '' Nakaz'' (''Instruction''); the Founding Fathers of the United States Constitution; and Alexis de Tocqueville, who applied Montesquieu's methods to a study of American society ...
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Montesquieu
Charles Louis de Secondat, baron de La Brède et de Montesquieu (18 January 168910 February 1755), generally referred to as simply Montesquieu, was a French judge, man of letters, historian, and political philosopher. He is the principal source of the theory of separation of powers, which is implemented in many constitutions throughout the world. He is also known for doing more than any other author to secure the place of the word ''despotism'' in the political lexicon.. His anonymously published '' The Spirit of Law'' (1748), which was received well in both Great Britain and the American colonies, influenced the Founding Fathers of the United States in drafting the U.S. Constitution. Biography Montesquieu was born at the Château de la Brède in southwest France, south of Bordeaux. His father, Jacques de Secondat (1654–1713), was a soldier with a long noble ancestry, including descent from Richard de la Pole, Yorkist claimant to the English crown. His mother, Mari ...
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Articles Of Confederation
The Articles of Confederation, officially the Articles of Confederation and Perpetual Union, was an agreement and early body of law in the Thirteen Colonies, which served as the nation's first Constitution, frame of government during the American Revolution. It was debated by the Second Continental Congress at present-day Independence Hall in Philadelphia between July 1776 and November 1777, was finalized by the Congress on November 15, 1777, and Coming into force, came into force on March 1, 1781, after being ratification, ratified by all 13 colonial states. A central and guiding principle of the Articles was the establishment and preservation of the independence and sovereignty of the original 13 states. The Articles consciously established a weak Confederation, confederal government, affording it only those powers the former colonies recognized as belonging to the The Crown, British Crown and Parliament of Great Britain, Parliament during the Colonial history of the U ...
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Marbury V
Marbury may refer to: Places * Marbury, Cheshire, United Kingdom * Marbury, Alabama, United States * Marbury, Maryland, United States Other * Marbury (surname) * Justice Marbury (other) * Marbury Hall (other) * Marbury School (other) * {{disambig, geo, surname ...
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