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Import-Export Clause
Article I, § 10, clause 5 of the United States Constitution, known as the Import-Export Clause, prevents the states, without the consent of Congress, from imposing tariffs on imports and exports above what is necessary for their inspection laws and secures for the federal government the revenues from all tariffs on imports and exports. Several nineteenth century Supreme Court cases applied this clause to duties and imposts on interstate imports and exports. In 1869, the United States Supreme Court ruled that the Import-Export Clause only applied to imports and exports with foreign nations and did not apply to imports and exports with other states, although this interpretation has been questioned by modern legal scholars. Text Origins and adoption The United States were first organized under the Articles of Confederation, under which the states maintained significant autonomy while the national government was weak. Among the major weaknesses of the Articles of Confederation was t ...
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Article One Of The United States Constitution
Article One of the Constitution of the United States establishes the legislative branch of the Federal government of the United States, federal government, the United States Congress. Under Article One, Congress is a bicameral legislature consisting of the United States House of Representatives, House of Representatives and the United States Senate, Senate. Article One grants Congress Enumerated powers (United States), enumerated powers and the ability to pass laws "Necessary and Proper Clause, necessary and proper" to carry out those powers. Article One also establishes the procedures for passing a bill and places limits on the powers of Congress and the U.S. state, states from abusing their powers. Article One's Legislative Vesting Clause, Vesting Clause grants all federal legislative power to Congress and establishes that Congress consists of the House of Representatives and the Senate. In combination with the vesting clauses of Article Two and Article Three, the Vesting Clause ...
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Export Clause
Article One of the Constitution of the United States establishes the legislative branch of the federal government, the United States Congress. Under Article One, Congress is a bicameral legislature consisting of the House of Representatives and the Senate. Article One grants Congress enumerated powers and the ability to pass laws "necessary and proper" to carry out those powers. Article One also establishes the procedures for passing a bill and places limits on the powers of Congress and the states from abusing their powers. Article One's Vesting Clause grants all federal legislative power to Congress and establishes that Congress consists of the House of Representatives and the Senate. In combination with the vesting clauses of Article Two and Article Three, the Vesting Clause of Article One establishes the separation of powers among the three branches of the federal government. Section 2 of Article One addresses the House of Representatives, establishing that members of the Hous ...
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Section 90 Of The Constitution Of Australia
Section 90 of the Constitution of Australia prohibits the States from imposing customs duties and excise duties. The section bars the States from imposing any tax that would be considered to be of a customs or excise nature. While customs duties are easy to determine, the status of excise, as summarised in '' Ha v New South Wales'', is that it consists of "taxes on the production, manufacture, sale or distribution of goods, whether of foreign or domestic origin." This effectively means that States are unable to impose sales taxes. Whether a State tax is of an excise nature or not has been the subject of numerous cases in the High Court of Australia, and it has had difficulty in reaching a clear majority opinion as to how "excise" should be interpreted in specific circumstances. It has been described as "one of the significant failures of the High Court." Text Scope Starting with '' Peterswald v Bartley'' (1904), it was initially held that "excise" is an indirect tax, and is acco ...
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Sua Sponte
In law, ''sua sponte'' (Latin: "of his, her, its, or their own accord") or ''suo motu/suo moto'' ("on its own motion") describes an act of authority taken without formal prompting by another party. The term is usually applied to actions taken by a judge without a prior motion or request from the parties. The form ''nostra sponte'' ("of our own accord") is sometimes used when the action is taken by a multi-member court, such as an appellate court, rather than by a single judge. (Third parties describing such actions would still refer to them as being taken by the court as a whole and therefore as ''sua sponte''.) While usually applied to actions of a court, the term may reasonably be applied to actions by government agencies and individuals acting in their official capacities. One situation in which a party might encourage a judge to move ''sua sponte'' occurs when that party is preserving a special appearance (usually to challenge jurisdiction) and therefore cannot make motions on ...
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University Of Georgia School Of Law
The University of Georgia School of Law (Georgia Law) is the law school of the University of Georgia, a Public university, public research university in Athens, Georgia. It was founded in 1859, making it one of the oldest American university law schools in continuous operation. Georgia Law accepted 14.77% of applicants for the class entering in 2023. Georgia Law recent graduates include 11 governors, over 110 state and federal legislators, approximately 70 federal judges, and numerous state supreme court justices, practitioners, government officials, ambassadors, trial court judges, academics and law firm principals. Notable recent alumni of Georgia Law include former acting United States Attorney General Sally Yates, former President Pro Tempore of the United States Senate, President Pro Tempore of the U.S. Senate Richard B. Russell Jr., former Chief judge (United States), Chief Judge and present United States federal judge, Senior Judge of the United States courts of appeals, U ...
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Digital Commons
Digital Commons is a commercial, hosted institutional repository platform owned by RELX Group. This hosted service, licensed by bepress, is used by over 600 academic institutions, healthcare centers, public libraries, and research centers to showcase their scholarly output and special collections. Features Digital Commons is a hosted institutional repository and publishing platform. Digital Commons supports OAI-PMH version 2.0. Metadata is exposed through the Open Archives Initiative, OAI. Content published to Digital Commons institutional repositories is optimized for indexing by Google, Google Scholar, and other major search engines. Digital Commons supports a variety of publication and editorial workflows, as well as peer review. Content is uploaded through batch uploads or via a customizable submit form. It can also link to documents hosted on an external website. Digital Commons provides user notification tools and options for social sharing. These include RSS, RSS feeds ...
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Tennessee Wine And Spirits Retailers Assn
Tennessee (, ), officially the State of Tennessee, is a landlocked U.S. state, state in the Southeastern United States, Southeastern region of the United States. It borders Kentucky to the north, Virginia to the northeast, North Carolina to the east, Georgia (U.S. state), Georgia, Alabama, and Mississippi to the south, Arkansas to the southwest, and Missouri to the northwest. Tennessee is the List of U.S. states and territories by area, 36th-largest by area and the List of U.S. states and territories by population, 15th-most populous of the 50 states. According to the United States Census Bureau, the state's estimated population as of 2024 is 7.22 million. Tennessee is geographically, culturally, and legally divided into three Grand Divisions of Tennessee, Grand Divisions of East Tennessee, East, Middle Tennessee, Middle, and West Tennessee. Nashville, Tennessee, Nashville is the state's capital and largest city, and anchors its largest metropolitan area. Tennessee has dive ...
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Samuel Nelson
Samuel Nelson (November 10, 1792 – December 13, 1873) was an American attorney and appointed as judge of New York State courts. He was appointed as a Justice of the Supreme Court of the United States, serving from 1845 to 1872. He concurred on the 1857 ''Dred Scott'' decision, although for reasons different from Chief Justice Taney's. Early life Nelson was born in Hebron, New York, on November 10, 1792, the son of Scotch-Irish immigrants John Rodgers Nelson and his wife Jean McArthur. Nelson's family was upper middle class, with a prosperous family farm. Nelson was educated in the public schools of Hebron, with an additional three years in private schooling for college preparation. He entered Middlebury College in Vermont. His initial intention was to pursue a career as a minister. Upon graduation in 1813, Nelson decided on a legal career. He read law as an apprentice at the firm of John Savage and David Woods in Salem, New York. Two years later, Savage and Woods ...
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Bill Of Lading
A bill of lading () (sometimes abbreviated as B/L or BOL) is a document issued by a common carrier, carrier (or their Law of agency, agent) to acknowledge receipt of cargo for shipment. Although the term is historically related only to Contract of carriage, carriage by sea, a bill of lading may today be used for any type of carriage of goods. Bills of lading are one of three crucial documents used in international trade to ensure that exporters receive payment and importers receive the merchandise. The other two documents are a insurance policy, policy of insurance and an invoice. Whereas a bill of lading is negotiable, both a policy and an invoice are assignment (law), assignable. In international trade outside the United States, bills of lading are distinct from waybills in that the latter are not transferable and do not confer title. Nevertheless, the UK Carriage of Goods by Sea Act 1992 grants "all rights of suit under the contract of carriage" to the lawful holder of a bill ...
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Lexicography
Lexicography is the study of lexicons and the art of compiling dictionaries. It is divided into two separate academic disciplines: * Practical lexicography is the art or craft of compiling, writing and editing dictionaries. * Theoretical lexicography is the scholarly study of semantic, orthography, orthographic, syntagma (linguistics), syntagmatic and paradigmatic features of lexemes of the lexicon (vocabulary) of a language, developing theories of dictionary components and structures linking the data in dictionaries, the needs for information by users in specific types of situations, and how users may best access the data incorporated in printed and Electronic dictionary, electronic dictionaries. This is sometimes referred to as "metalexicography". There is some disagreement on the definition of lexicology, as distinct from lexicography. Some use "lexicology" as a synonym for theoretical lexicography; others use it to mean a branch of linguistics pertaining to the inventor ...
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John Marshall
John Marshall (September 24, 1755July 6, 1835) was an American statesman, jurist, and Founding Fathers of the United States, Founding Father who served as the fourth chief justice of the United States from 1801 until his death in 1835. He remains the List of Justices of the Supreme Court of the United States by time in office, longest-serving chief justice and fourth-longest serving justice in the history of the U.S. Supreme Court, and he is widely regarded as one of the most influential justices ever to serve. Prior to joining the court, Marshall briefly served as both the United States Secretary of State, U.S. Secretary of State under President John Adams and a United States House of Representatives, U.S. Representative from Virginia, making him one of the List of people who have held constitutional office in all three branches of the United States federal government, few Americans to have held a constitutional office in each of the three branches of the Federal government of t ...
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Chief Justice Of The United States
The chief justice of the United States is the chief judge of the Supreme Court of the United States and is the highest-ranking officer of the U.S. federal judiciary. Appointments Clause, Article II, Section 2, Clause 2 of the U.S. Constitution grants plenary power to the president of the United States to nominate, and, with the advice and consent of the United States Senate, appoint "Judges of the Supreme Court", who serve until they die, resign, retire, or are Federal impeachment in the United States, impeached and convicted. The existence of a chief justice is only explicit in Article One of the United States Constitution#Clause 6: Trial of Impeachment, Article I, Section 3, Clause 6 which states that the chief justice shall preside over the Federal impeachment trial in the United States, impeachment trial of the president; this has occurred three times, for Andrew Johnson, Bill Clinton, and for Donald Trump's first impeachment. The chief justice has significant influence in th ...
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