PUBLIC LAW 85-508-JULY 7, 1958 339 Public Law 85-508 an ACT to Provide for the Admission of the State of Alaska Into the Union
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Emergency in the Constitutional Law of the United States William B
University of Missouri School of Law Scholarship Repository Faculty Publications 1990 Emergency in the Constitutional Law of the United States William B. Fisch University of Missouri School of Law, [email protected] Follow this and additional works at: http://scholarship.law.missouri.edu/facpubs Part of the Constitutional Law Commons Recommended Citation William B. Fisch, Emergency in the Constitutional Law of the United States,38 Am. J. Comp. L. Supp. 389 (1990) This Article is brought to you for free and open access by University of Missouri School of Law Scholarship Repository. It has been accepted for inclusion in Faculty Publications by an authorized administrator of University of Missouri School of Law Scholarship Repository. TOPIC IV.B.1 WILLIAM B. FISCH Emergency in the Constitutional Law of the United States In the following report I shall concentrate on the law as pro- nounced by the United States Supreme Court, which has, within the sphere of judicial competence, the last say on the interpretation of the Constitution. The volume of significant litigation on the subject which stops below the Supreme Court has been relatively light, and the constitutional law declared by the lower courts has played a less significant role than is the case in many other issues. Indeed, as we shall see, the Supreme Court itself has had less to say on the topic than might be hoped for. I shall try to indicate the main lines of scholarly debate, which is vast in quantity, if not always in insight; but it must be said that in constitutional law as a whole, and in this area in particular, the influence of scholarly opinion on the behavior of governments and courts has been less than may be observed in other fields of American law. -
Bill of Rights
The Bill of Rights Handout 1: The Address and reasons of dissent of the minority of the convention, of the state of Pennsylvania, to their constituents (excerpt) December 12, 1787 Source: Library of Congress http://hdl.loc.gov/loc.rbc/bdsdcc.c0401 This address was signed by 21 of the 23 members of the Pennsylvania ratifying convention who voted against ratification of the Constitution. It was circulated at the time as a representation of Anti-Federalist views on the Constitution. First. The right of conscience shall be held inviolable; and neither the legislative, executive nor judicial powers of the United States, shall have authority to alter, abrogate, or infringe any part of the constitution of the several states, which provide for the preservation of liberty in matters of religion. Second. That in controversies respecting property, and in suits between man and man, trial by jury shall remain as heretofore, as well in the federal courts, as in these of the several states. Third. That in all capital and criminal prosecutions, a man has a right to demand that cause and nature of this accusation, as well in the federal courts, as in those of the several states; to be heard by himself and his counsel; to be confronted with the accusers and witnesses; to all for evidence in his favor, and a speedy trial by an impartial jury of his vicinage, without whose unanimous consent, he cannot be found guilty, nor can he be compelled to give evidence against himself; and that no man be deprived of his liberty, except by the law of the land or the judgment of his peers. -
Jurisdiction Over Lands Ownedy by the United States Within the State of Washington: Part I, the Subject in General
Washington Law Review Volume 14 Number 1 1-1-1939 Jurisdiction Over Lands Ownedy by the United States Within the State of Washington: Part I, The Subject in General John N. Rupp Follow this and additional works at: https://digitalcommons.law.uw.edu/wlr Part of the Property Law and Real Estate Commons Recommended Citation John N. Rupp, Jurisdiction Over Lands Ownedy by the United States Within the State of Washington: Part I, The Subject in General, 14 Wash. L. Rev. & St. B.J. 1 (1939). Available at: https://digitalcommons.law.uw.edu/wlr/vol14/iss1/2 This Article is brought to you for free and open access by the Law Reviews and Journals at UW Law Digital Commons. It has been accepted for inclusion in Washington Law Review by an authorized editor of UW Law Digital Commons. For more information, please contact [email protected]. WASHINGTON LAW REVIEW and STATE BAR JOURNAL VOLUME XIV. JANUARY, 1939 NUMBER 1 JURISDICTION OVER LANDS OWNED BY THE UNITED STATES WITHIN THE STATE OF WASHINGTON JOHN N. RUPP* PART I THE SUBJECT IN GENERAL Among the unique characteristics of our federal system of gov- ernment is the concept of the dual sovereignty of the national and state governments over land, things, and persons located within the boundaries of the states. In addition to its position and rights as ultimate sovereign over all territory within its borders, the United States is also a corporate body politic and as such can make con- tracts, and can hold property, both real and personal.1 Under this power to own property in its own right the United States has be- come a great landed proprietor, owning many tracts of land within the exterior boundaries of the states, and it is this fact which gives rise to the problems of jurisdiction and control with which this paper is concerned. -
Delegates to the US Congress
Delegates to the U.S. Congress: History and Current Status Christopher M. Davis Analyst on Congress and the Legislative Process August 25, 2015 Congressional Research Service 7-5700 www.crs.gov R40555 Delegates to the U.S. Congress: History and Current Status Summary Delegates, representing territories that had not yet achieved statehood, have served in the House since the late 1700s. In the 20th century, the concept of delegate grew to include representation of territories where the United States exercises some degree of control but were not expected to become states. In the 114th Congress, the U.S. insular areas of American Samoa, Guam, the Northern Mariana Islands, the Virgin Islands, and the federal municipality of the District of Columbia are each represented in Congress by a delegate to the House of Representatives. In addition, Puerto Rico is represented by a resident commissioner, whose position is treated the same as a delegate. This report provides historical background on the development of the position of delegate to Congress and on the rights of a delegate once seated. The Constitution makes no provision for territorial representation, and early laws providing for territorial delegates to Congress did not specify the duties, privileges, and obligations of these representatives. It was left to the House and the delegates themselves to define their role. On January 13, 1795, the House took an important step toward establishing the functions of delegates when it appointed James White, the first territorial representative, to membership on a select committee. In subsequent years, delegates continued to serve on select committees as well as on conference committees. -
Arizona Constitution Article I ARTICLE II
Preamble We the people of the State of Arizona, grateful to Almighty God for our liberties, do ordain this Constitution. ARTICLE I. STATE BOUNDARIES 1. Designation of boundaries The boundaries of the State of Arizona shall be as follows, namely: Beginning at a point on the Colorado River twenty English miles below the junction of the Gila and Colorado Rivers, as fixed by the Gadsden Treaty between the United States and Mexico, being in latitude thirty-two degrees, twenty-nine minutes, forty-four and forty-five one- hundredths seconds north and longitude one hundred fourteen degrees, forty-eight minutes, forty-four and fifty-three one -hundredths seconds west of Greenwich; thence along and with the international boundary line between the United States and Mexico in a southeastern direction to Monument Number 127 on said boundary line in latitude thirty- one degrees, twenty minutes north; thence east along and with said parallel of latitude, continuing on said boundary line to an intersection with the meridian of longitude one hundred nine degrees, two minutes, fifty-nine and twenty-five one-hundredths seconds west, being identical with the southwestern corner of New Mexico; thence north along and with said meridian of longitude and the west boundary of New Mexico to an intersection with the parallel of latitude thirty-seven degrees north, being the common corner of Colorado, Utah, Arizona, and New Mexico; thence west along and with said parallel of latitude and the south boundary of Utah to an intersection with the meridian of longitude one hundred fourteen degrees, two minutes, fifty-nine and twenty-five one- hundredths seconds west, being on the east boundary line of the State of Nevada; thence south along and with said meridian of longitude and the east boundary of said State of Nevada, to the center of the Colorado River; thence down the mid-channel of said Colorado River in a southern direction along and with the east boundaries of Nevada, California, and the Mexican Territory of Lower California, successively, to the place of beginning. -
Alberta-To-Alaska-Railway-Pre-Feasibility-Study
Alberta to Alaska Railway Pre-Feasibility Study 2015 Table of Content Executive Summary ...................................................................................................... i Infrastructure and Operating Requirements................................................................ ii Environmental Considerations and Permitting Requirements .................................... ii Capital and Operating Cost Estimates ......................................................................... iii Business Case .............................................................................................................. iii Mineral Transportation Potential ................................................................................ iii First Nations/Tribes and Other Contacts ..................................................................... iv Conclusions .................................................................................................................. iv 1 | Introduction ........................................................................................................ 1 This Assignment............................................................................................................ 1 This Report ................................................................................................................... 2 2 | Infrastructure and Operating Requirements ........................................................ 3 Route Alignment .......................................................................................................... -
7.30.2021 Motion and BRIEF for Amici Curiae
UNITED STATES DISTRICT COURT FOR THE DISTRICT OF HAWAI‘I HAWAIIAN KINGDOM, Plaintiff, v. MOTION FOR LEAVE TO FILE JOSEPH R. BIDEN, in his official capacity AMICUS CURIAE BRIEF as President of the United States; et al., Defendants. Civ. No. 1:21-cv-00243-LEK-RT WATER PROTECTOR LEGAL COLLECTIVE Charles M. Heaukulani, Esq. (No. 5556) Natali Segovia, Esq., (AZ 033589)* LAW OFFICE OF CHARLES M. HEAUKULANI Joseph Chase, Esq., (CO 55122)* P.O. Box 4475 P.O. Box 37065 Hilo, HI 96720-0475 Albuquerque, NM 87176 (808) 466-1511 (701) 566-9108 [email protected] [email protected] NATIONAL LAWYERS GUILD INTERNATIONAL ASSOCIATION OF Jeanne Mirer, Esq. DEMOCRATIC LAWYERS 132 Nassau Street, Suite 922 1 Whitehall Street, 16th floor New York, New York 10038 New York, New York 10031 (212) 739-7583 (212) 231-2235 * Pro Hac Vice Admission Pending Counsel for Amici Curiae MOTION FOR LEAVE TO FILE AMICUS CURIAE BRIEF ON BEHALF OF NONGOVERNMENTAL ORGANIZATIONS WITH EXPERTISE IN INTERNATIONAL LAW AND HUMAN RIGHTS LAW Counsel for amici curiae International Association for Democratic Lawyers, National Lawyers Guild, and the Water Protector Legal Collective—non- governmental organizations with expertise in International Law and Human Rights Law, hereby move this Court for an order allowing it to file the attached amicus curiae brief in support of Plaintiff, the Hawaiian Kingdom. In support of this motion, the movant states: 1. The nongovernmental organizations whose views are represented in this brief have expertise in public international law, international human rights, humanitarian law, and norms regarding statehood, sovereignty, and self- determination. 2. Movants submit this brief to ensure a proper understanding and application of the international law and historical precedent relevant to this case regarding Article II occupation courts. -
In the United States District Court for the District of Alaska
IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF ALASKA ERIC FLORES, Petitioner, vs. UNITED STATES ATTORNEY GENERAL, FEDERAL BUREAU OF INVESTIGATION, Case No. 2:15-cv-00002-SLG Respondents. ORDER OF DISMISSAL On April 24, 2015, Eric Flores, a self-represented resident of Texas, filed a class action Petition to Challenge the Constitutionality of the First Amendment, an Application to Waive Prepayment of the Filing Fee, and a Motion to Transfer his case to the District of Columbia.1 Title 28 U.S.C. Section 1915 requires the Court to review the action, and to dismiss if the action “(i) is frivolous or malicious; (ii) fails to state a claim on which relief may be granted; or (iii) seeks monetary relief against a defendant who is immune from such relief.”2 1 Dockets 1, 3, 5, 6. 2 28 U.S.C. § 1915(e)(2)(B); see also Lopez v. Smith, 203 F.3d 1122, 1129 n. 10 (9th Cir. 2000) (“Congress inserted 1915(e)(2) into the in forma pauperis statute, and we must follow this clear statutory direction.”); Calhoun v. Stahl, 254 F.3d 845 (9th Cir. 2001) (“The district court . properly concluded that Calhoun’s [non-prisoner] complaint should not be allowed to proceed. See 28 U.S.C. §1915(e)(2)(B)(iii) (requiring dismissal of in forma pauperis proceedings that seek monetary relief against immune defendants).”); Bilal v. Driver, 251 F.3d 1346, 1348 (11th Cir. 2001) (Under section § 1915(e)(2)(B)(ii) . “dismissal is now mandatory. [T]he complaint now may . -
U.S. House of Representatives Hearing Regarding the Admission
TABLE OF CONTENTS House of Representatives Uashington, D. C. Subcommittee on Territorial February 23, 1960 and Insular Affairs of the Committee on Interior and Insular Affairs. PAGE Statement of Honorable Daniel K. Inouye, a Representative in Congress from the State of Hawaii............. ... ............ ....... ...... 4 Statement of J. Monroe Sullivan, Vice President, Pacific American Steamship Association. ......... 10 Statement of Honorable Hiram L. Fong, a United States Senator from the State of Hawaii ....... 17 Statement of Honorable Oren L. Long, a United States Senator from the State of Hawaii.......... 19 Statement of Wilbur K. Watkins, Jr., a Deputy Attorney General of the State of Hawaii ........ 22 Statement of Harold Seidman, Assistant Chief, Office of Management and Organization, Bureau of the Budget (Accompanied by HoWard Schnoor, Management Analyst, Bureau of the Budget, and Mrs. Ruth Van Cleve, Act'ng Assistant Solicitor, Department of the Interior..................... 25 Statement of John F. Donelan, Kahulul Railroad Company, Maui, Hawaii. .............. ......... 67 ,....2~ C i. .E~*L'. ' C" 'i TI'Cyll.-(~ * - . * J~h~i ~rr?~ '---- ~7ur~w--' ley- 1 ttle H. R. 10434, H. R. 10443, E. R. 10456, H. R. 10463, and H. R. 10475 TUESDAY, FEBRUARY 23, 1960 House of Represontatives, Subcommittee on Terri.orial and Insular Affairs of the Committee on Xnterior and :'Pular Affairs, Washington, D. C. The subcommittee met, pursuant to call, at 9:48 a. m., in the committee room, New House Office Building, Honorable Leo W. O'Brien, chairman of the subcommittee, presiding. Mr. O'Brien, The Subcommittee on Territorial and In- sular Affairs will be in order for hearing on the several bills to amend certain laws of the United States providing for admission of the State of Hawaii into the Union and for other purposes. -
ALASKA DAILY EMPIRE Worse Than Death—That of Being Untrue Fuller Bunk Says: PROFESSIONAL Try
is from ambush to place upon him a stigma that to his coun ALASKA DAILY EMPIRE worse than death—that of being untrue Fuller Bunk Says: PROFESSIONAL try. Can one think of anything more cowardly? Jftfflf W. TROT Editor and Manager Dr, L 0, SUint STIMULATING GOLD PRODUCTION. Keep Your Money At Work! the Published every evening except Sunday by The action of Secretary McAdoo of the Treasury EMPIRE PRINTING COMPANY, at Second and Main Department in naming a committee to study gold Interest on Bonds of the Third Streets, Juneau, Alaska. Liberty production in the United States and to consider means Loan was due September 15th. Collect of stimulating its production shows the clear inten- yours and invest it in Entered as second class matter November 7, 1912. tion of the Government to do something in the in- at the at Juneau, under the Act of C. postofflce Alaska, that WAR SAVINGS CapL Harry DeVighat March 3, 1879. terest of gold mining. There is no one thirife M. C. could he done that would count for more In the de- or than to make gold min- 144th Flald Artillery SUBSCRIPTION RATES velopment of this Territory THRIFT STAMPS It would put new Delivered by carrier in Juneau, Douglas, Treadwell and ing a orofitable industry again. American It Expeditionary Force# Thane for $1.00 per month. life into all four of the Divisions of this Territory. Via New York, N. Y. she was be- Sy mail, postage paid, at the following rates: would make Juneau the old town that One year, in advance.$10.00 iore the war. -
Research Tip – Prestatehood Statutes
Research Tip – Prestatehood Statutes I. History1 For the first 17 years after Alaska was purchased from Russia in 1867, the U.S. Army, U.S. Navy, and Revenue Cutter Service were the governmental agencies responsible for law and justice in Alaska. It wasn’t until 1884 when the District Organic Act (First Organic Act) provided a partial government for Alaska, designating it as a “district.” The First Organic Act created a civil and judicial government and declared that the laws of Oregon would be the laws for Alaska. The Oregon codes were replaced with laws drafted specifically for Alaska with the 1899 Alaska Penal Code and the 1900 Alaska Civil Code. Several compilations of these various codes were arranged in the years following their passage. The Laws of Alaska; Embracing the Penal Code, the Code of Criminal Procedure, the Political Code, the Code of Civil Procedure, and the Civil Code (Carter Code), was arranged by Thomas Carter in 1900. Also completed in 1900 was Alaska Codes, Political, Civil and Civil Procedure: Approved June 6, 1900 (Boone Code) by Charles T. Boone. An additional compilation was done in 1906 by John Charlton, the Compilation of the Acts of Congress and Treaties Relating to Alaska from March 30, 1867, to March 3, 1905 (Charlton Code). The First Organic Act was problematic in that it did not create a legislature nor permit Alaskans a delegate in Congress. These issues were remedied with the 1906 Alaska Delegate Act, which allowed Alaskans to elect their first representative to Congress, and the 1912 Territorial Organic Act (Second Organic Act), which gave Alaska territorial status and created the territorial legislature, allowing for self-governance of the new territory. -
Alaska Seal and Fur Company. Letter from the Secretary of the Interior
University of Oklahoma College of Law University of Oklahoma College of Law Digital Commons American Indian and Alaskan Native Documents in the Congressional Serial Set: 1817-1899 5-4-1888 Alaska Seal and Fur Company. Letter from the Secretary of the Interior, transmitting the Annual Report of the Governor of Alaska upon the operations of the Alaska Seal and Fur Company. Follow this and additional works at: https://digitalcommons.law.ou.edu/indianserialset Part of the Indian and Aboriginal Law Commons Recommended Citation H.R. Exec. Doc. No. 297, 50th Cong., 1st Sess. (1888) This House Executive Document is brought to you for free and open access by University of Oklahoma College of Law Digital Commons. It has been accepted for inclusion in American Indian and Alaskan Native Documents in the Congressional Serial Set: 1817-1899 by an authorized administrator of University of Oklahoma College of Law Digital Commons. For more information, please contact [email protected]. 50TH CoNGRESS, L HOUSE OF REPRESENTATIVES. J Ex. Doc. 1st Session. f t No. 297. ALASKA SEAL AND FUR COMPANY. LETTER FROM THE SECRETARY OF THE INTERIOR, TRANSMITTING The annual report of the governor of Alaska upon the operations of the Alaska Seal and Fur Company. MAY 4, 1888.-Referred to the Committee on Merchant Marine and Fisheries and ordered to be printed. DEPARTMENT OF THE INTERIOR, Washington, May 2, 1888. SIR: I have the honor to transmit herewith a report to Congress by the governor of Alaska of the result of his inquiry into the operations of the Alaska Seal and Fur Company (Alaska Commercial Company), as required of him by sectiou5 of the act of May 17, 1884, entitled "An act providing a civil government for Alaska." Very respectfully, WM.