Just Because John Marshall Said It, Doesn't Make It So: Ex Parte
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The Political Effects of the Addition of Judgeships to the United States Supreme Court Following Electoral Realignments
A Compliant Court: The Political Effects of the Addition of Judgeships to the United States Supreme Court Following Electoral Realignments Lauren Paige Joyce Judson Thesis submitted to the faculty of the Virginia Polytechnic Institute and State University in partial fulfillment of the requirements for the degree of: Master of Arts In Political Science Jason P. Kelly, Chair Wayne D. Moore Karen M. Hult August 7, 2014 Blacksburg, Virginia Keywords: Judicial Politics, Electoral Realignment, Alteration to the Supreme Court Copyright 2014, Lauren J. Judson A Compliant Court: The Political Effects of the Addition of Judgeships to the United States Supreme Court Following Electoral Realignments Lauren J. Judson ABSTRACT During periods of turmoil when ideological preferences between the federal branches of government fail to align, the relationship between the three quickly turns tumultuous. Electoral realignments especially have the potential to increase tension between the branches. When a new party replaces the “old order” in both the legislature and the executive branches, the possibility for conflict emerges with the Court. Justices who make decisions based on old regime preferences of the party that had appointed them to the bench will likely clash with the new ideological preferences of the incoming party. In these circumstances, the president or Congress may seek to weaken the influence of the Court through court-curbing methods. One example Congress may utilize is changing the actual size of the Supreme The size of the Supreme Court has increased four times in United States history, and three out of the four alterations happened after an electoral realignment. Through analysis of Supreme Court cases, this thesis seeks to determine if, after an electoral realignment, holdings of the Court on issues of policy were more congruent with the new party in power after the change in composition as well to examine any change in individual vote tallies of the justices driven by the voting behavior of the newly appointed justice(s). -
16-1423 Ortiz V. United States (06/22/2018)
Summary 6/25/2018 1:41:01 PM Differences exist between documents. New Document: Old Document: 16-1423_new 16-1423 71 pages (394 KB) 71 pages (394 KB) 6/25/2018 1:40:53 PM 6/25/2018 1:40:53 PM Used to display results. Get started: first change is on page 43. No pages were deleted How to read this report Highlight indicates a change. Deleted indicates deleted content. indicates pages were changed. indicates pages were moved. file://NoURLProvided[6/25/2018 1:41:22 PM] (Slip Opinion) OCTOBER TERM, 2017 1 Syllabus NOTE: Where it is feasible, a syllabus (headnote) will be released, as is being done in connection with this case, at the time the opinion is issued. The syllabus constitutes no part of the opinion of the Court but has been prepared by the Reporter of Decisions for the convenience of the reader. See United States v. Detroit Timber & Lumber Co., 200 U. S. 321, 337. SUPREME COURT OF THE UNITED STATES Syllabus ORTIZ v. UNITED STATES CERTIORARI TO THE UNITED STATES COURT OF APPEALS FOR THE ARMED FORCES No. 16–1423. Argued January 16, 2018—Decided June 22, 2018 Congress has long provided for specialized military courts to adjudicate charges against service members. Today, courts-martial hear cases involving crimes unconnected with military service. They are also subject to several tiers of appellate review, and thus are part of an in- tegrated “court-martial system” that resembles civilian structures of justice. That system begins with the court-martial itself, a tribunal that determines guilt or innocence and levies punishment, up to life- time imprisonment or execution. -
Early Understandings of the "Judicial Power" in Statutory Interpretation
ARTICLE ALL ABOUT WORDS: EARLY UNDERSTANDINGS OF THE 'JUDICIAL POWER" IN STATUTORY INTERPRETATION, 1776-1806 William N. Eskridge, Jr.* What understandingof the 'judicial Power" would the Founders and their immediate successors possess in regard to statutory interpretation? In this Article, ProfessorEskridge explores the background understandingof the judiciary's role in the interpretationof legislative texts, and answers earlier work by scholars like ProfessorJohn Manning who have suggested that the separation of powers adopted in the U.S. Constitution mandate an interpre- tive methodology similar to today's textualism. Reviewing sources such as English precedents, early state court practices, ratifying debates, and the Marshall Court's practices, Eskridge demonstrates that while early statutory interpretationbegan with the words of the text, it by no means confined its searchfor meaning to the plain text. He concludes that the early practices, especially the methodology ofJohn Marshall,provide a powerful model, not of an anticipatory textualism, but rather of a sophisticated methodology that knit together text, context, purpose, and democratic and constitutionalnorms in the service of carrying out the judiciary's constitutional role. TABLE OF CONTENTS Introduction .................................................... 991 I. Three Nontextualist Powers Assumed by English Judges, 1500-1800 ............................................... 998 A. The Ameliorative Power .............................. 999 B. Suppletive Power (and More on the Ameliorative Pow er) .............................................. 1003 C. Voidance Power ..................................... 1005 II. Statutory Interpretation During the Founding Period, 1776-1791 ............................................... 1009 * John A. Garver Professor ofJurisprudence, Yale Law School. I am indebted toJohn Manning for sharing his thoughts about the founding and consolidating periods; although we interpret the materials differently, I have learned a lot from his research and arguments. -
Volume II: Rights and Liberties Howard Gillman, Mark A. Graber
AMERICAN CONSTITUTIONALISM Volume II: Rights and Liberties Howard Gillman, Mark A. Graber, and Keith E. Whittington INDEX OF MATERIALS ARCHIVE 1. Introduction 2. The Colonial Era: Before 1776 I. Introduction II. Foundations A. Sources i. The Massachusetts Body of Liberties B. Principles i. Winthrop, “Little Speech on Liberty” ii. Locke, “The Second Treatise of Civil Government” iii. The Putney Debates iv. Blackstone, “Commentaries on the Laws of England” v. Judicial Review 1. Bonham’s Case 2. Blackstone, “Commentaries on the Laws of England” C. Scope i. Introduction III. Individual Rights A. Property B. Religion i. Establishment 1. John Witherspoon, The Dominion of Providence over the Passions of Man ii. Free Exercise 1. Ward, The Simple Cobler of Aggawam in America 2. Penn, “The Great Case of Liberty of Conscience” C. Guns i. Guns Introduction D. Personal Freedom and Public Morality i. Personal Freedom and Public Morality Introduction ii. Blackstone, “Commentaries on the Laws of England” IV. Democratic Rights A. Free Speech B. Voting i. Voting Introduction C. Citizenship i. Calvin’s Case V. Equality A. Equality under Law i. Equality under Law Introduction B. Race C. Gender GGW 9/5/2019 D. Native Americans VI. Criminal Justice A. Due Process and Habeas Corpus i. Due Process Introduction B. Search and Seizure i. Wilkes v. Wood ii. Otis, “Against ‘Writs of Assistance’” C. Interrogations i. Interrogations Introduction D. Juries and Lawyers E. Punishments i. Punishments Introduction 3. The Founding Era: 1776–1791 I. Introduction II. Foundations A. Sources i. Constitutions and Amendments 1. The Ratification Debates over the National Bill of Rights a. -
Notes on the Political Club of Danville and Its Members
THE FILSON CLUB HISTORY QUARTERLY VOL. 35 LOUISVILLE, KENTUCKY, OCTOBER• 1961 No. 4 NOTES ON THE POLITICAL CLUB OF DANVILLE AND ITS MEMBERS BY ANN PRICE (MRS. SYDNEY S.) COMBS Lexington, Kentucky A paper read before The Filson Club, June 6, 1960 Twelve years after the founding of Harrod's Station, the first per- manent English settlement in Kentucky, on the night of December 27, 1786, a small group of distinguished gentlemen met at the Dan- ville, Kentucky home of Samuel McDowell. He and Harry Innes, John Brown, Thomas Todd, Robert Craddock, Chris. Greenup, and John Belli "Resolved, that the persons now present do form them- selves into a society to be hereafter distinguished and known by the style and title of 'The Political Club,' to be governed by such laws and regulations as shall be hereafter agreed on" and to be "insti- tuted for the purpose of acquiring political knowledge."1 Such was the modest beginning of an unusually intriguing and ex- traordinary society! A political club composed of 25 to 30 men, meeting once a week to debate specified subjects. What is so unusual or fascinating about that? Schools, colleges, life in the great wide world, are full of myriad just such groups--investment clubs, debating clubs, clubs with a politi- cal connotation--we, today, are constantly hearing about them, going to them, reading about them. What sets this particular club apart, makes it worth investigating, and gives it an aura all its own? First of all, there is the work this club did. The importance of The Political Club of Danville lay in the training of its members for the role they played in the creation of the state of Kentucky. -
Early 19C America: Cultural Nationalism
OPENING- SAFE PLANS Study for Ch. 10 Quiz! • Jefferson (Democratic • Hamilton (Federalists) Republicans) • S-Strict Interpretation • P-Propertied and rich (State’s Rights men • A-Agriculture (Farmers) • L-Loose Interpretation • F-France over Great Britain • A-Army • E-Educated and common • N-National Bank man • S-Strong central government Jeffersonian Republic 1800-1812 The Big Ideas Of This Chapter 1. Jefferson’s effective, pragmatic policies strengthened the principles of two-party republican gov’t - even though Jeffersonian “revolution” caused sharp partisan battles 2. Despite his intentions, Jefferson became deeply entangled in the foreign-policy conflicts of the Napoleonic era, leading to a highly unpopular and failed embargo that revived the moribund Federalist Party 3. James Madison fell into an international trap, set by Napoleon, that Jefferson had avoided. The country went to war against Britain. Western War Hawks’ enthusiasm for a war with Britain was matched by New Englanders’ hostility. “We are all Republicans, we are all Federalists” Is that true? Economically? Some historians say they are the same b/w Jefferson and Hamilton both dealt with rich people - be they merchants or southern planters Some historians say they are the same b/c Jefferson did not hold to his “Strict Constructionist” theory because 1. Louisiana purchase 2. Allowing the Nat’l bank Charter to expire rather than “destroying it” as soon as he took office 1800 Election Results 1800 Election Results (16 states in the Union) Thomas Democratic Virginia 73 52.9% -
Not the King's Bench Edward A
University of Minnesota Law School Scholarship Repository Constitutional Commentary 2003 Not the King's Bench Edward A. Hartnett Follow this and additional works at: https://scholarship.law.umn.edu/concomm Part of the Law Commons Recommended Citation Hartnett, Edward A., "Not the King's Bench" (2003). Constitutional Commentary. 303. https://scholarship.law.umn.edu/concomm/303 This Article is brought to you for free and open access by the University of Minnesota Law School. It has been accepted for inclusion in Constitutional Commentary collection by an authorized administrator of the Scholarship Repository. For more information, please contact [email protected]. NOT THE KING'S BENCH Edward A. Hartnett* Speaking at a public birthday party for an icon, even if the honoree is one or two hundred years old, can be a surprisingly tricky business. Short of turning the party into a roast, it seems rude to criticize the birthday boy too harshly. On the other hand, it is at least as important to avoid unwarranted and exaggerated praise.1 The difficult task, then, is to try to say something re motely new or interesting while navigating that strait. The conference organizers did make it easier for me in one respect: My assignment does not involve those ideas for which Marbury is invoked as an icon. It is for others to wrestle in well worn trenches with exalted arguments about judicial review and its overgrown descendent judicial supremacy, while trying to avoid unseemly criticism or fawning praise. I, on the other hand, am to address more technical issues involving section 13 of the Judiciary Act of 1789 and its provision granting the Supreme Court the power to issue writs of mandamus. -
Adhering to Our Views: Brennan and Marshall and the Relentless Dissent to Death As a Punishment
Florida State University Law Review Volume 22 Issue 3 Article 1 1995 Adhering to Our Views: Brennan and Marshall and the Relentless Dissent to Death as a Punishment Michael Mello [email protected] Follow this and additional works at: https://ir.law.fsu.edu/lr Part of the Law Commons Recommended Citation Michael Mello, Adhering to Our Views: Brennan and Marshall and the Relentless Dissent to Death as a Punishment, 22 Fla. St. U. L. Rev. 591 (1995) . https://ir.law.fsu.edu/lr/vol22/iss3/1 This Article is brought to you for free and open access by Scholarship Repository. It has been accepted for inclusion in Florida State University Law Review by an authorized editor of Scholarship Repository. For more information, please contact [email protected]. FLORIDA STATE UNIVERSITY LAW REVIEW ADHERING TO OUR VIEWS: BRENNAN AND MARSHALL AND THE RELENTLESS DISSENT TO DEATH AS A PUNISHMENT Michael Mello VOLUME 22 WINTER 1995 NUMBER 3 Recommended citation: Michael Mello, Adhering to Our Views: Brennan and Marshall and the Relentless Dissent to Death as a Punishment, 22 FLA. ST. U. L. REV. 591 (1995). ADHERING TO OUR VIEWS: JUSTICES BRENNAN AND MARSHALL AND THE RELENTLESS DISSENT TO DEATH AS A PUNISHMENT MICHAEL MELLO* I. INTRODUCTION ..................................................... 592 A. Capital Punishmentand the Modern Court: An Overview ..................................................... 593 B. The Evolving Law of Death: "The Supreme Court's Obstacle Course" .............................. 598 II. LEGITIMACY IN HISTORY ......................................... 606 A. The Supreme Court: "Nine Scorpions in a Bottle" .................... .................................. 606 B. Early History of Dissent ................................. 607 1. Seriatim Opinions..................................... 607 2. Early "Opinions of the Court"--andEarly Dissents ................................................ -
A Study of Migration from Augusta County, Virginia, to Kentucky, 1777-1800
W&M ScholarWorks Dissertations, Theses, and Masters Projects Theses, Dissertations, & Master Projects 1987 "Peopling the Western Country": A Study of Migration from Augusta County, Virginia, to Kentucky, 1777-1800 Wendy Sacket College of William & Mary - Arts & Sciences Follow this and additional works at: https://scholarworks.wm.edu/etd Part of the United States History Commons Recommended Citation Sacket, Wendy, ""Peopling the Western Country": A Study of Migration from Augusta County, Virginia, to Kentucky, 1777-1800" (1987). Dissertations, Theses, and Masters Projects. Paper 1539625418. https://dx.doi.org/doi:10.21220/s2-ypv2-mw79 This Thesis is brought to you for free and open access by the Theses, Dissertations, & Master Projects at W&M ScholarWorks. It has been accepted for inclusion in Dissertations, Theses, and Masters Projects by an authorized administrator of W&M ScholarWorks. For more information, please contact [email protected]. "PEOPLING THE WESTERN COUNTRY": A STUDY OF MIGRATION FROM AUGUSTA COUNTY, VIRGINIA, TO KENTUCKY, 1777-1800 A Thesis Presented to The Faculty of the Department of History The College of William and Mary in Virginia In Partial Fulfillment Of the Requirements for the Degree of Master of Arts by Wendy Ellen Sacket 1987 APPROVAL SHEET This thesis is submitted in partial fulfillment of the requirements for the degree of Master of Arts Author Approved, December, 1987 John/Se1by *JU Thad Tate ies Whittenburg i i TABLE OF CONTENTS Page ACKNOWLEDGMENTS.............................. iv LIST OF T A B L E S ...............................................v LIST OF MAPS . ............................................. vi ABSTRACT................................................... v i i CHAPTER I. AN INTRODUCTION TO THE LITERATURE, PURPOSE, AND ORGANIZATION OF THE PRESENT STUDY . -
Download Legal Document
UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF NEW YORK -----------------------------------------------------------------------x JOSE PADILLA, DONNA R. NEWMAN, as Next Friend of Jose Padilla, : Petitioners, : -against- : 02 Civ. 4445 (MBM) GEORGE W. BUSH, DONALD RUMSFELD, : JOHN ASHCROFT and COMMANDER M.A. MARR : Respondents. ------------------------------------------------------------------------x BRIEF SUBMITTED ON BEHALF OF THE AMERICAN CIVIL LIBERTIES UNION, NEW YORK CIVIL LIBERTIES UNION AND CENTER FOR NATIONAL SECURITY STUDIES AS AMICI CURIAE Steven R. Shapiro (SS-9900) Lucas Guttentag (LG-0329) Robin R. Goldfaden Amrit Singh AMERICAN CIVIL LIBERTIES UNION FOUNDATION 125 Broad Street, 17th Floor New York, New York 10004 (212) 549-2500 Arthur N. Eisenberg (AE-2012) Christopher T. Dunn (CD-3991) Donna Lieberman (DL-1268) NEW YORK CIVIL LIBERTIES UNION FOUNDATION 125 Broad Street, 17th Floor New York, New York 10004 (212) 344-3005 Kate Martin CENTER FOR NATIONAL SECURITY STUDIES 1120 19th Street, N.W., Suite 800 Washington, DC 20036 (202) 721-5650 Attorneys for Amici Curiae Dated: New York, New York September 26, 2002 2 TABLE OF CONTENTS Page TABLE OF AUTHORITIES. ii INTEREST OF AMICI. 1 INTRODUCTION . 2 ARGUMENT: THE CONSTITUTION DOES NOT PERMIT THE INDEFINITE DETENTION OF AN AMERICAN CITIZEN ARRESTED IN THE UNITED STATES AND HELD IN AN AMERICAN MILITARY JAIL WITHOUT CHARGES, TRIAL, OR ACCESS TO COUNSEL. 4 A. Petitioner’s Confinement Without Charges Or Trial Is Unauthorized By Law. 6 B. Petitioner’s Confinement Without Trial In A Military Brig Cannot Be Justified As A Form Of Preventive Detention. 10 C. Petitioner Can Be Criminally Charged, As Others Have Been In Similar Circumstances . 14 D. -
Supreme Court Justices
The Supreme Court Justices Supreme Court Justices *asterick denotes chief justice John Jay* (1789-95) Robert C. Grier (1846-70) John Rutledge* (1790-91; 1795) Benjamin R. Curtis (1851-57) William Cushing (1790-1810) John A. Campbell (1853-61) James Wilson (1789-98) Nathan Clifford (1858-81) John Blair, Jr. (1790-96) Noah Haynes Swayne (1862-81) James Iredell (1790-99) Samuel F. Miller (1862-90) Thomas Johnson (1792-93) David Davis (1862-77) William Paterson (1793-1806) Stephen J. Field (1863-97) Samuel Chase (1796-1811) Salmon P. Chase* (1864-73) Olliver Ellsworth* (1796-1800) William Strong (1870-80) ___________________ ___________________ Bushrod Washington (1799-1829) Joseph P. Bradley (1870-92) Alfred Moore (1800-1804) Ward Hunt (1873-82) John Marshall* (1801-35) Morrison R. Waite* (1874-88) William Johnson (1804-34) John M. Harlan (1877-1911) Henry B. Livingston (1807-23) William B. Woods (1881-87) Thomas Todd (1807-26) Stanley Matthews (1881-89) Gabriel Duvall (1811-35) Horace Gray (1882-1902) Joseph Story (1812-45) Samuel Blatchford (1882-93) Smith Thompson (1823-43) Lucius Q.C. Lamar (1883-93) Robert Trimble (1826-28) Melville W. Fuller* (1888-1910) ___________________ ___________________ John McLean (1830-61) David J. Brewer (1890-1910) Henry Baldwin (1830-44) Henry B. Brown (1891-1906) James Moore Wayne (1835-67) George Shiras, Jr. (1892-1903) Roger B. Taney* (1836-64) Howell E. Jackson (1893-95) Philip P. Barbour (1836-41) Edward D. White* (1894-1921) John Catron (1837-65) Rufus W. Peckham (1896-1909) John McKinley (1838-52) Joseph McKenna (1898-1925) Peter Vivian Daniel (1842-60) Oliver W. -
VIRTUAL ASPIRE 2021 Building Success Through the Liberal Arts Building Success Through the Liberal Arts
COLLEGE OF ARTS, HUMANITIES, AND SOCIAL SCIENCES UNIVERSITY PRESENTS VIRTUAL ASPIRE 2021 Building Success Through the Liberal Arts Building Success through the Liberal Arts Vision Statement The goal of the Aspire program is to empower students to appreciate, articulate, and leverage the intellectual skills, knowledge, and dispositions unique to a liberal arts education in the service of their personal and professional development. Participants will learn to convey the core values and strengths of their degree program, identify career paths that may connect to that program, and prepare themselves to fur- ther pursue passions and opportunities upon completing their degrees. Thank you to Boston College, Endeavor: The Liberal Arts Advantage for Sophomores, for inspiration and activity ideas. 2 Contents Schedule Overview 4-5 CoAHSS 6-9 Dean’s Advisory Board 10-21 Connect with Us! Guest Speakers 22-24 Campus Resources 25-26 @WPCOAHSS Thank You 27 “What we think, we become.” -Buddha 3 Schedule Overview In-Person Evening Program: Monday, August 2nd Student Center. Rm. 211 5:30pm-6:30pm: Welcome: Program Overview/Introduction: Speakers: o Dr. Wartyna Davis, Dean, College of Arts, Humanities, and Social Science o Dr. Joshua Powers, Provost and Senior Vice President, William Paterson University o Valerie Gross, Dean’s Advisory Board Chair o Selected Student from Aspire 2020, Zhakier Seville Reception: Light Refreshments VIRTUAL Day One Tuesday, August 3th from 9:00am to 2:35pm 9:00– 9:05am Welcome: Dr. Ian Marshall and Lauren Agnew 9:05am-10:00am Virtual Workshops: Career Foundations Group A: The Liberal Arts Advantage: Understanding Yourself through the Strong Interest Inventory Assessment with Ms.