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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. -
Autobiography of Andrew Dickson White</H1>
Autobiography of Andrew Dickson White Autobiography of Andrew Dickson White Scanned by Charles Keller with OmniPage Professional OCR software Autobiography of Andrew Dickson White Volume II Scanned by Charles Keller with OmniPage Professional OCR software donated by Caere Corporation, 1-800-535-7226. Contact Mike Lough AUTOBIOGRAPHY OF ANDREW DICKSON WHITE WITH PORTRAITS VOLUME I page 1 / 895 NEW YORK THE CENTURY CO. 1905 Copyright, 1904, 1905, by THE CENTURY CO. ---- Published March, 1905 THE DE VINNE PRESS TO MY OLD STUDENTS THIS RECORD OF MY LIFE IS INSCRIBED WITH MOST KINDLY RECOLLECTIONS AND BEST WISHES TABLE OF CONTENTS PART I--ENVIRONMENT AND EDUCATION CHAPTER I. BOYHOOD IN CENTRAL NEW YORK--1832-1850 The ``Military Tract'' of New York. A settlement on the headwaters of the Susquehanna. Arrival of my grandfathers and page 2 / 895 grandmothers. Growth of the new settlement. First recollections of it. General character of my environment. My father and mother. Cortland Academy. Its twofold effect upon me. First schooling. Methods in primary studies. Physical education. Removal to Syracuse. The Syracuse Academy. Joseph Allen and Professor Root; their influence; moral side of the education thus obtained. General education outside the school. Removal to a ``classical school''; a catastrophe. James W. Hoyt and his influence. My early love for classical studies. Discovery of Scott's novels. ``The Gallery of British Artists.'' Effect of sundry conventions, public meetings, and lectures. Am sent to Geneva College; treatment of faculty by students. A ``Second Adventist'' meeting; Howell and Clark; my first meeting with Judge Folger. Philosophy of student dissipation at that place and time. -
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. -
The Legacy of Henry Wadsworth Longfellow
Maine History Volume 27 Number 4 Article 4 4-1-1988 The Legacy of Henry Wadsworth Longfellow Daniel Aaron Harvard University Follow this and additional works at: https://digitalcommons.library.umaine.edu/mainehistoryjournal Part of the Modern Literature Commons, and the United States History Commons Recommended Citation Aaron, Daniel. "The Legacy of Henry Wadsworth Longfellow." Maine History 27, 4 (1988): 42-67. https://digitalcommons.library.umaine.edu/mainehistoryjournal/vol27/iss4/4 This Article is brought to you for free and open access by DigitalCommons@UMaine. It has been accepted for inclusion in Maine History by an authorized administrator of DigitalCommons@UMaine. For more information, please contact [email protected]. DANIEL AARON THE LEGACY OF HENRY WADSWORTH LONGFELLOW Once upon a time (and it wasn’t so long ago), the so-called “household” or “Fire-Side” poets pretty much made up what Barrett Wendell of Harvard University called “the literature of America.” Wendell devoted almost half of his still readable survey, published in 1900, to New England writers. Some of them would shortly be demoted by a new generation of critics, but at the moment, they still constituted “American literature” in the popular mind. The “Boston constellation” — that was Henry James’s term for them — had watched the country coalesce from a shaky union of states into a transcontinental nation. They had lived through the crisis of civil war and survived, loved, and honored. Multitudes recognized their bearded benevolent faces; generations of school children memorized and recited stanzas of their iconic poems. Among these hallowed men of letters, Longfellow was the most popular, the most beloved, the most revered. -
Congressional Record-House. March 23
2204 CONGRESSIONAL RECORD-HOUSE. MARCH 23, }Oncerning the coinage of gold and silver, with a view of submitting over the railroad or public highways leading to the said bridge; and it shall enjoy the rights and privileges of other post-roadS in the United StateR. some remarks. SEc. 3. That if said bridge shall be made with unbroken and continuous spans, EXECUTIVE SESSION. the spans thereof shall notoe less than three hundred feet in length in the clear, Mr. BAYARD. May I ask the Chair before the question is put on and the main span shall be over the main channel of the river. Tlie lowest part of the superstructure of said bridge shall be at least fifty feet above extreme high the motion for an executive session, whether any understanding is water mark, as understood at the point of location, and the bridge shall be at right reached as to the time of voting on the tariff-commission billY angles to, and ita piers parallel with, the current of the river: Provi/Ud, That The PRESIDENT pro tempore. No, sir; objection was made to if the same shall be constructed as a. draw-bridge, the draw or pivot shall be at or near that shore nearest the channel of the river where, in the opinion of the any understanding. The bill remains the unfinished business for Secretary of War, a passage through the draw at that point can be consistently to-morrow, the Senator from New York [Mr. MILLER] having the maintained; if not so constructed, then the pier to be in the main channel, and the floor upon it. -
Donald N. Ferguson, Musician-Scholar and the Elements of Musical Expression
Minnesota Musicians of the Cultured Generation Donald N. Ferguson, Musician-Scholar and the Elements of Musical Expression 1) Early Years 3 2) First Years in Minneapolis 13 3) A Leader among Music Teachers 17 4) The Quest Begins in Earnest 21 5) The Quest Deepens 26 6) Sudden Illumination 28 7) Fruits of a Sabbatical Year 33 8) The Bach Society 38 9) Retirement 45 10) List of works 48 11) Footnotes 53 As a supplement to this text, Dr. Laudon"s article "The Elements ofExpression in Music, A Psychological View" can be consulted in The International Review ofthe Aesthetics and Sociology ofMusic, IRASM 37 (2006) 2, 123-133 Robert Tallant Laudon Professor Emeritus of Musicology University of Minnesota 924 - 18th Ave. SE Minneapolis, Minnesota (612) 331-2710 [email protected] 2003 Donald N. Ferguson Ferguson around the time ofhis London residence A charcoal sketch by an unknown artists in possession ofthe Ferguson family Donald N. j:;crQusonc.. Ferguson around 1950 Courtesy of University ofMinnesota Archives Photo by the photographer and Curator ofPhotos, Museum of Modem Art New York City Donald N. Ferguson Donald N. Ferguson, Musician-Scholar and the Elements ofMusical Expression Sometime in the late 1940s, after the war, the Bureau of Concerts and Lectures began a unique series which brought a series of master pianists of the world to the University of Minnesota-each of these, a specialist: Rubenstein for Chopin, Arrau for Beethoven, and Tureck for Bach among others. While Rosalyn Tureck was in town, she gave a master class in the auditorium of Scott Hall. -
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. -
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
i2 STAT.] PUBLIC LAW 85-508-JULY 7, 1958 339 Public Law 85-508 AN ACT July 7, 1958 To provide for the admission of the State of Alaska into the Union. ta R. 7999—] Be it enacted by the Senate and House of Representatives of the Alaska, siaie- United States of America in Congress assemhled. That, subject to the hood. provisions of this Act, and upon issuance of the proclamation required by section 8 (c) of this Act, the State of Alaska is hereby declared to be a State of the United States of America, is declared admitted into the Union on an equal footing with the other States in all respects whatever, and the constitution formed pursuant to the provisions of the Act of the Territorial Legislature of Alaska entitled, "An Act to provide for the holding of a constitutional convention to prepare a constitution for the State of Alaska; to submit the con stitution to the people for adoption or rejection; to prepare for the admission of Alaska as a State; to make an appropriation; and setting an effective date", approved March 19, 1955 (Chapter 46, Session Laws of Alaska, 1955), and adopted by a vote of the people of Alaska in the election held on April 24, 1956, is hereby found to be republican in form and in conformity with the Constitution of the United States and the principles of the Declaration of Independence, and is hereby accepted, ratified, and confirmed. SEC. 2. The State of Alaska shall consist of all the territory, Territory,, together with the territorial waters appurtenant thereto, now included in the Territory of Alaska, SEC. -
Constitutional Law of the United States, by Hugh Evander Willis
Indiana Law Journal Volume 12 Issue 4 Article 15 4-1937 Constitutional Law of the United States, by Hugh Evander Willis Glenn D. Peters Member, Hammond Bar Follow this and additional works at: https://www.repository.law.indiana.edu/ilj Part of the Constitutional Law Commons Recommended Citation Peters, Glenn D. (1937) "Constitutional Law of the United States, by Hugh Evander Willis," Indiana Law Journal: Vol. 12 : Iss. 4 , Article 15. Available at: https://www.repository.law.indiana.edu/ilj/vol12/iss4/15 This Book Review is brought to you for free and open access by the Law School Journals at Digital Repository @ Maurer Law. It has been accepted for inclusion in Indiana Law Journal by an authorized editor of Digital Repository @ Maurer Law. For more information, please contact [email protected]. INDIAN. LAW JOURNAL BOOK REVIEW CONSTITUTIONAL LAW OF THE UNITED STATES, by Hugh Evander Willis. 1936. The Principia Press, Bloomington, Indiana. This reviewer has just finished a most interesting task, the critical reading of Dr. Willis' new book on the Constitutional Law of the United States. When one reads this book he is immediately struck with the tremendous amount of intelligent labor that has been bestowed upon it. Not only does the book evince h careful and critical study of hundreds of authorities, both State and Federal, but it also indicates a most careful analysis of political science, philosophy and psychology. Dr. Willis' approach to the subject of the Constitution is most enlightening. Having due regard to Mr. Justice Hughes' holding that the Constitution is what the judges say it is, Dr. -
Money Laundering: an Overview of 18 U.S.C. § 1956 and Related Federal Criminal Law
Money Laundering: An Overview of 18 U.S.C. § 1956 and Related Federal Criminal Law Charles Doyle Senior Specialist in American Public Law November 30, 2017 Congressional Research Service 7-5700 www.crs.gov RL33315 Money Laundering: An Overview of 18 U.S.C. § 1956 and Related Federal Criminal Law Summary This report provides an overview of the elements of federal criminal money laundering statutes and the sanctions imposed for their violation. The most prominent is 18 U.S.C. § 1956. Section 1956 outlaws four kinds of money laundering—promotional, concealment, structuring, and tax evasion laundering of the proceeds generated by designated federal, state, and foreign underlying crimes (predicate offenses)—committed or attempted under one or more of three jurisdictional conditions (i.e., laundering involving certain financial transactions, laundering involving international transfers, and stings). Its companion, 18 U.S.C. § 1957, prohibits depositing or spending more than $10,000 of the proceeds from a predicate offense. Section 1956 violations are punishable by imprisonment for not more than 20 years. Section 1957 carries a maximum penalty of imprisonment for 10 years. Property involved in either case is subject to confiscation. Misconduct that implicates either offense may implicate other federal criminal statutes as well. Federal racketeer influenced and corrupt organization (RICO) provisions outlaw acquiring or conducting the affairs of an enterprise (whose activities affect interstate or foreign commerce) through the patterned commission of a series of underlying federal or state crimes. RICO violations are also 20-year felonies. The Section 1956 predicate offense list automatically includes every RICO predicate offense, including each “federal crime of terrorism.” A second related statute, the Travel Act (18 U.S.C.