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Habeas Corpus In The United States
In United States law, ''habeas corpus'' () is a recourse challenging the reasons or conditions of a person's confinement under color of law. A petition for ''habeas corpus'' is filed with a court that has jurisdiction over the custodian, and if granted, a writ is issued directing the custodian to bring the confined person before the court for examination into those reasons or conditions. United States law affords persons the right to petition the federal courts for a writ of ''habeas corpus''. Individual states also afford persons the ability to petition their own state court systems for ''habeas corpus'' pursuant to their respective constitutions and laws when held or sentenced by state authorities. Federal ''habeas'' review did not extend to those in state custody until almost a century after the nation's founding with the Habeas Corpus Act of 1867. During the Civil War and Reconstruction, as later during the war on terror, the right to petition for a writ of ''hab ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
United States Law
The law of the United States comprises many levels of Codification (law), codified and uncodified forms of law, of which the supreme law is the nation's Constitution of the United States, Constitution, which prescribes the foundation of the federal government of the United States, federal government of the United States, as well as various civil liberties. The Constitution sets out the boundaries of federal law, which consists of Act of Congress, Acts of Congress, treaty, treaties ratified by the United States Senate, Senate, regulations promulgated by the executive branch, and case law originating from the United States federal courts, federal judiciary. The United States Code is the official compilation and Codification (law), codification of general and permanent federal statutory law. The Constitution provides that it, as well as federal laws and treaties that are made pursuant to it, preempt conflicting state and territorial laws in the 50 U.S. states and in the territor ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Constitutional Convention (United States)
The Constitutional Convention took place in Philadelphia from May 25 to September 17, 1787. While the convention was initially intended to revise the league of states and devise the first system of federal government under the Articles of Confederation, leading proponents of the Constitutional Convention, including James Madison of Virginia and Alexander Hamilton of New York, sought to create a new frame of government rather than revise the existing one. Delegates elected George Washington of Virginia, former commanding general of the Continental Army in the American Revolutionary War and a proponent of a stronger national government, to serve as President of the convention. The convention ultimately debated and ratified the Constitution of the United States, making the convention one of the most significant events in American history. The convention took place in Pennsylvania State House, later renamed Independence Hall, in Philadelphia. The convention was not referred to as a ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Incorporation Doctrine
In United States constitutional law, incorporation is the doctrine by which portions of the Bill of Rights have been made applicable to the states. When the Bill of Rights was ratified, the courts held that its protections extended only to the actions of the federal government and that the Bill of Rights did not place limitations on the authority of the states and their local governments. However, the post–Civil War era, beginning in 1865 with the Thirteenth Amendment, which declared the abolition of slavery, gave rise to the incorporation of other amendments, applying more rights to the states and people over time. Gradually, various portions of the Bill of Rights have been held to be applicable to state and local governments by incorporation via the Due Process Clause of the Fourteenth Amendment of 1868. Prior to the ratification of the Fourteenth Amendment and the development of the incorporation doctrine, the Supreme Court in 1833 held in ''Barron v. Baltimore'' that the ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Earl Warren
Earl Warren (March 19, 1891 – July 9, 1974) was an American attorney and politician who served as the 30th governor of California from 1943 to 1953 and as the 14th Chief Justice of the United States from 1953 to 1969. The Warren Court presided over a major shift in American constitutional jurisprudence, which has been recognized by many as a " Constitutional Revolution" in the liberal direction, with Warren writing the majority opinions in landmark cases such as ''Brown v. Board of Education'' (1954), '' Reynolds v. Sims'' (1964), '' Miranda v. Arizona'' (1966), and '' Loving v. Virginia'' (1967). Warren also led the Warren Commission, a presidential commission that investigated the 1963 assassination of President John F. Kennedy. He served as Governor of California from 1943 to 1953, and is the last chief justice to have served in an elected office before nomination to the Supreme Court. Warren is generally considered to be one of the most influential Supreme Court justic ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Judiciary Act Of 1789
The Judiciary Act of 1789 (ch. 20, ) was a United States federal statute enacted on September 24, 1789, during the first session of the First United States Congress. It established the federal judiciary of the United States. Article Three of the United States Constitution, Article III, Article Three of the United States Constitution#Section 1: Federal courts, Section 1 of the United States Constitution, Constitution prescribed that the "judicial power of the United States, shall be vested in one Supreme Court of the United States, Supreme Court, and such inferior Courts" as Congress saw fit to establish. It made no provision for the composition or procedures of any of the courts, leaving this to Congress to decide. The existence of a separate federal judiciary had been controversial during the debates over History of the United States Constitution#1788_ratification, the ratification of the Constitution. Anti-Administration Party (United States), Anti-Federalists had denounced th ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Jurisdiction Stripping
In United States law, jurisdiction-stripping (also called court-stripping or curtailment-of-jurisdiction) is the limiting or reducing of a court's jurisdiction by Congress through its constitutional authority to determine the jurisdiction of federal courts and to exclude or remove federal cases from state courts. Basis Congress may define the jurisdiction of the judiciary through the simultaneous use of two powers.Farber, Daniel A., "Legislative Constitutionalism in a System of Judicial Supremacy", in Bauman, Richard and Kahana, Tsvi. ''The Least Examined Branch: the Role of Legislatures in the Constitutional State'', p442(2006). First, Congress holds the power to create (and, implicitly, to define the jurisdiction of) federal courts inferior to the Supreme Court (i.e. Courts of Appeals, District Courts, and various other Article I and Article III tribunals). This court-creating power is granted both in the congressional powers clause ( Art. I, § 8, Cl. 9) and in the jud ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Illegal Immigration Reform And Immigrant Responsibility Act Of 1996
The Illegal Immigration Reform and Immigrant Responsibility Act of 1996 (IIRAIRA), is a law enacted as division C of the Omnibus Consolidated Appropriations Act of 1997 that made major changes to the Immigration and Nationality Act (INA). IIRAIRA's changes became effective on April 1, 1997. Former United States President Bill Clinton asserted that the legislation strengthened "the rule of law by cracking down on illegal immigration at the border, in the workplace, and in the criminal justice system — without punishing those living in the United States legally". However, IIRAIRA has been criticized as overly punitive by restricting "due process opportunities for certain classes of individuals in removal proceedings". A range of critiques have emerged concerning the provisions enacted with IIRAIRA, such as the expansion of aggravated felonies, creation of the Immigration and Nationality Act Section 287(g), 287(g) program, reduction in due process rights, and intensified funding o ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
United States Supreme Court
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 turn on questions of U.S. constitutional or 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." In 1803, the Court asserted itself the power of judicial review, the ability to invalidate a statute for violating a provision of the Constitution via the landmark case '' Marbury v. Madison''. It is also able to strike down presidential directives for violating either the Constitution or statutory law. Under Article Three of the United States Constitution, the composition and procedures of the Supreme Court were originally established by the 1st Congress through the Judiciary Act of 1789. As it has si ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Boumediene V
Boumediene, Boumeddiene, Boumeddienne, Boumedienne, Boumedien, Boumeddien, or Boummedienne is an Arab surname. It can refer to: People * Abu Madyan (c. 1126 – 1198), also known as "Bou Medine" or "Boumediene", Andalusian mystic and Sufi master * Houari Boumediène (1932–1978, the President of Algeria from 1967 to 1978 * Lakhdar Boumediene (born 1966), Bosnian prisoner held in the Guantanamo Bay detention camp; plaintiff in ''Boumediene v. Bush'' * Josef Boumedienne (born 1978), Swedish professional hockey player * Hayat Boumeddiene Hayat Boumeddiene (born 26 June 1988), also known by the ''nom de guerre'' (''Kunya (Arabic), kunya'') Umm Basir al-Muhajirah () is a French Muslim terrorist who participated in the January 2015 Île-de-France attacks. Currently a fugitive, she ... (born 1988), fugitive common law wife of Amedy Coulibaly, who perpetrated the Montrouge shooting that was part of the terrorist attacks in France in 2015. * Yahya Boumediene (born 1990), Belgian f ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Immigration And Naturalization Service V
Immigration is the international movement of people to a destination country of which they are not usual residents or where they do not possess nationality in order to settle as permanent residents. Commuters, tourists, and other short-term stays in a destination country do not fall under the definition of immigration or migration; seasonal labour immigration is sometimes included, however. Economically, research suggests that migration can be beneficial both to the receiving and sending countries. The academic literature provides mixed findings for the relationship between immigration and crime worldwide. Research shows that country of origin matters for speed and depth of immigrant assimilation, but that there is considerable assimilation overall for both first- and second-generation immigrants. Discrimination based on nationality is legal in most countries. Extensive evidence of discrimination against foreign-born persons in criminal justice, business, the economy, ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Antiterrorism And Effective Death Penalty Act Of 1996
The Antiterrorism and Effective Death Penalty Act of 1996 (AEDPA), , was introduced to the United States Congress in April 1995 as a Senate Bill (). The bill was passed with broad bipartisan support by Congress in response to the bombings of the World Trade Center and Oklahoma City. It was signed into law by President Bill Clinton. Controversial for its changes to the law of habeas corpus in the United States, the AEDPA also contained a number of provisions to "deter terrorism, provide justice for victims, provide for an effective death penalty, and for other purposes." Background On February 10, 1995, Senator Joe Biden introduced the Omnibus Counterterrorism Act of 1995 to the United States Senate. Just as with its successor, the omnibus bill was introduced on behalf of the Clinton Administration. In the two months that the bill was debated in the Senate, little progress was made towards passage. Following the Oklahoma City bombing on April 19, 1995, a new antiterrorism ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Erwin Chemerinsky
Erwin Chemerinsky (born May 14, 1953) is an American legal scholar known for his studies of U.S. constitutional law and federal civil procedure. Since 2017, Chemerinsky has been the dean of the UC Berkeley School of Law. Previously, he was the inaugural dean of the University of California, Irvine School of Law from 2008 to 2017. Chemerinsky was named a fellow of the American Academy of Arts and Sciences in 2016. The National Jurist magazine named him the most influential person in legal education in the United States in 2017. In 2021 Chemerinsky was named President-elect of the Association of American Law Schools. Early life and education Chemerinsky was born in 1953 in Chicago, Illinois. He grew up in a working-class Jewish family in the South Side of Chicago and attended the University of Chicago Laboratory Schools for high school. He studied communications at Northwestern University, where he competed on the debate team. He graduated in 1975 with a Bachelor of S ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
