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Constructive Treason
Constructive treason is the judicial extension of the statutory definition of the crime of treason. For example, the English Treason Act 1351 declares it to be treason "When a Man doth compass or imagine the Death of our Lord the King". This was subsequently interpreted by the courts to include ''imprisoning'' the king, on the ground that history had shown that when a king is held captive by a usurper, he often dies in captivity. Despite legislative efforts to restrict the scope of treason, judges and prosecutors in common law jurisdictions still succeeded in broadening the reach of the offence by " constructing" new treasons. It is the opinion of one legal historian that: England and Great Britain Ironically, the first attempt to constrain the development of constructive treasons in England was the 1351 Act itself. Its preamble states that Parliament In modern politics and history, a parliament is a legislative body of government. Generally, a modern parliament h ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Judicial Activism
Judicial activism is a judicial philosophy holding that courts can and should go beyond the applicable law to consider broader societal implications of their decisions. It is sometimes used as an antonym of judicial restraint. The term usually implies that judges make rulings based on their own views rather than on precedent. The definition of judicial activism and the specific decisions that are activist are controversial political issues. The question of judicial activism is closely related to judicial interpretation, statutory interpretation, and separation of powers. Etymology Arthur Schlesinger Jr. introduced the term "judicial activism" in a January 1947 ''Fortune'' magazine article titled "The Supreme Court: 1947". The phrase has been controversial since its beginning. An article by Craig Green, "An Intellectual History of Judicial Activism," is critical of Schlesinger's use of the term; "Schlesinger's original introduction of judicial activism was doubly blurred: no ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Parliament Of England
The Parliament of England was the legislature of the Kingdom of England from the 13th century until 1707 when it was replaced by the Parliament of Great Britain. Parliament evolved from the Great Council of England, great council of Lords Spiritual, bishops and Peerages in the United Kingdom, peers that advised the History of the English monarchy, English monarch. Great councils were first called Parliaments during the reign of Henry III of England, Henry III (). By this time, the king required Parliament's consent to levy taxation. Originally a Unicameralism, unicameral body, a Bicameralism, bicameral Parliament emerged when its membership was divided into the House of Lords and House of Commons of England, House of Commons, which included Knight of the shire, knights of the shire and Burgess (title), burgesses. During Henry IV of England, Henry IV's reign, the role of Parliament expanded beyond the determination of taxation policy to include the "redress of grievances", whi ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Cramer V
Cramer may refer to: Businesses * Cramer brothers, 18th century publishers * Cramer Systems, a software company * Cramer & Co., a former musical-related business in London Other uses * Cramer (surname), including a list of people and fictional characters * Cramer, Minnesota, United States, an unincorporated community * Mount Cramer, Idaho, United States See also * * * Cremer Cremer is an occupational surname with the same origin as the name Kramer. Notable people with the surname include: * Bruno Cremer (1929–2010), French actor * Camille Crémer (1840–1876), French general * Christoph Cremer (born 1944), Germa ... * Kramer (other) {{dab, geo ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Burr Conspiracy
The Burr conspiracy of 1805-1807, was a treasonous plot alleged to have been planned by American politician and former military officer Aaron Burr (1756-1836), in the years during and after his single term as the third Vice President of the United States, vice president of the United States (1801-1805), during the Presidency of Thomas Jefferson, presidential administration and first term of the third President of the United States, president Thomas Jefferson (1743-1826, served 1801-1809). Burr was accused of attempting to use his international connections and support from a cabal of American Planter class, planters, politicians, and United States Army officers to establish an independent country in the old federal Southwest Territory (1790-1796), south of the Ohio River, (future states of Kentucky, Tennessee and the future federal Territories of the United States, Territories of later Mississippi Territory (1798-1817), and adjacent Alabama Territory), and east of the Mississippi R ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Ex Parte Bollman
''Ex parte Bollman'', 8 U.S. (4 Cranch) 75 (1807), was a case brought before the United States Supreme Court. ''Bollman'' held that the constitutional definition of treason excluded mere conspiracy to levy war against the United States. The Supreme Court decided that "To constitute a levying of war, there must be an assemblage of persons for the purpose of effecting by force a treasonable purpose. Enlistments of men to serve against government is not sufficient." Background Erick Bollman and Samuel Swartwout were civilians who became implicated in the Burr-Wilkinson Plot. This plot supposedly consisted of Aaron Burr and James Wilkinson attempting to create an empire in the United States, ruled by Burr. In 1806, Wilkinson informed President Thomas Jefferson of the plot, ending whatever may have actually been planned. Bollman and Swartwout attempted to recruit others into the plot, but these individuals informed the military, which promptly arrested them. Opinion The Court first ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
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 ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Treason
Treason is the crime of attacking a state authority to which one owes allegiance. This typically includes acts such as participating in a war against one's native country, attempting to overthrow its government, spying on its military, its diplomats, its officials, or its secret services for a hostile foreign power, or attempting to kill its head of state. A person who commits treason is known in law as a traitor. Historically, in common law countries, treason also covered the murder of specific social superiors, such as the murder of a husband by his wife or that of a master by his servant. Treason (i.e., disloyalty) against one's monarch was known as ''high treason'' and treason against a lesser superior was ''petty treason''. As jurisdictions around the world abolished petty treason, "treason" came to refer to what was historically known as high treason. At times, the term ''traitor'' has been used as a political epithet, regardless of any verifiable treasonable action. In ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Federalist Papers
''The Federalist Papers'' is a collection of 85 articles and essays written by Alexander Hamilton, James Madison, and John Jay under the collective pseudonym "Publius" to promote the ratification of the Constitution of the United States. The collection was commonly known as ''The Federalist'' until the name ''The Federalist Papers'' emerged in the twentieth century. The first seventy-seven of these essays were published serially in the '' Independent Journal'', the ''New York Packet'', and ''The Daily Advertiser'' between October 1787 and April 1788. A compilation of these 77 essays and eight others were published in two volumes as ''The Federalist: A Collection of Essays, Written in Favour of the New Constitution, as Agreed upon by the Federal Convention, September 17, 1787'', by publishing firm J. & A. McLean in March and May 1788. The last eight papers (Nos. 78–85) were republished in the New York newspapers between June 14 and August 16, 1788. The authors of ''The Federal ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
James Madison
James Madison (June 28, 1836) was an American statesman, diplomat, and Founding Fathers of the United States, Founding Father who served as the fourth president of the United States from 1809 to 1817. Madison was popularly acclaimed as the "James Madison as Father of the Constitution, Father of the Constitution" for his pivotal role in drafting and promoting the Constitution of the United States and the United States Bill of Rights, Bill of Rights. Madison was born into a prominent slave-owning Planter class, planter family in Virginia. In 1774, strongly opposed to British taxation, Madison joined with the Patriot (American Revolution), Patriots. He was a member of the Virginia House of Delegates and the Continental Congress during and after the American Revolutionary War. Dissatisfied with the weak national government established by the Articles of Confederation, he helped organize the Constitutional Convention (United States), Constitutional Convention, which produced a n ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Founding Fathers Of The United States
The Founding Fathers of the United States, often simply referred to as the Founding Fathers or the Founders, were a group of late-18th-century American Revolution, American revolutionary leaders who United Colonies, united the Thirteen Colonies, oversaw the American Revolutionary War, War of Independence from Kingdom of Great Britain, Great Britain, established the United States, United States of America, and crafted a Constitution of the United States, framework of government for the new nation. The Founding Fathers include those who wrote and signed the United States Declaration of Independence, the Articles of Confederation, and the Constitution of the United States — all adopted in the colonial capital of Philadelphia — certain military personnel who fought in the American Revolutionary War, and others who greatly assisted in the nation's formation. Many of them were wealthy Slavery in the United States, slave-owners before and after the country's founding. The singl ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Sedition Act 1661
The Sedition Act 1661 ( 13 Cha. 2 St. 1. c. 1) was an act of the Parliament of England, although it was extended to Scotland in 1708. Passed shortly after the Restoration of Charles II, it is no longer in force, but some of its provisions continue to survive today in the Treason Act 1695 ( 7 & 8 Will. 3. c. 3) and the Treason Felony Act 1848 ( 11 & 12 Vict. c. 12). One clause which was included in the Treason Act 1695 was later adapted for the United States Constitution. Two witnesses rule The most important feature of the act was that it reintroduced a significant new rule of evidence in high treason trials, namely that nobody could be convicted of treason except by the evidence of "two lawful and credible witnesses upon oath ... brought in person before him or them face to face", or if he confessed "willingly without violence". (This rule had previously been enacted in section 22 of the Treason Act 1547, and again in section XI of the Treason Act 1554, which h ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Constructive Possession
Constructive possession is a legal fiction to describe a situation in which an individual has actual control over chattels or real property without actually having physical control of the same assets. At law, a person with constructive possession stands in the same legal position as someone with actual possession. For example, if A’s car is in his driveway, A has physical possession. However, if B has (honestly or otherwise) acquired a key to the car, she has constructive possession of the car because B can convert it from A’s use to her own without A’s consent. Constructive possession is an important concept in both criminal law, regarding theft and embezzlement, and civil law, regarding possession of land and chattels. For example, if someone steals your credit card number, the credit card never leaves your actual possession, but the person who has stolen the number has constructive possession and could most likely be charged with theft of your credit card information ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
