The Exceptions Clause As a Structural Safeguard
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Homeland Security
Homeland Security FEDERAL LAW ENFORCEMENT TRAINING CENTERS OFFICE OF CHIEF COUNSEL ARTESIA LEGAL DIVISION ARTESIA, NM INDIAN LAW HANDBOOK 2016 Foreword October 2015 The Federal Law Enforcement Training Centers (FLETC) has a vital mission: to train those who protect our homeland. As a division of the Office of Chief Counsel, the Artesia Legal Division (ALG) is committed to delivering the highest quality legal training to law enforcement agencies and partner organizations in Indian Country and across the nation. In fulfilling this commitment, ALG Attorney-Advisors provide training on all areas of criminal law and procedure, including Constitutional law, authority and jurisdiction, search and seizure, use of force, self-incrimination, courtroom evidence, courtroom testimony, electronic law and evidence, criminal statutes, and civil liability. In addition, ALG provides instruction unique to Indian Country: Indian Country Criminal Jurisdiction, Conservation Law, and the Indian Civil Rights Act. My colleagues and I are pleased to present the first textbook from the FLETC that addresses the unique jurisdictional challenges of Indian Country: the Indian Law Handbook. It is our hope in the ALG that the Indian Law Handbook can serve all law enforcement students and law enforcement officers in Indian Country and can foster greater cooperation between the federal government, state, local, and tribal officers. An additional resource for federal, state, local and tribal law enforcement officers and agents is the LGD website: https://www.fletc.gov/legal-resources i The LGD website has a number of resources including articles, podcasts, links, federal circuit court and Supreme Court case digests, and The Federal Law Enforcement Informer. -
Guantanamo, Boumediene, and Jurisdiction-Stripping: the Mpei Rial President Meets the Imperial Court" (2009)
University of Minnesota Law School Scholarship Repository Constitutional Commentary 2009 Guantanamo, Boumediene, and Jurisdiction- Stripping: The mpI erial President Meets the Imperial Court Martin J. Katz Follow this and additional works at: https://scholarship.law.umn.edu/concomm Part of the Law Commons Recommended Citation Katz, Martin J., "Guantanamo, Boumediene, and Jurisdiction-Stripping: The mpeI rial President Meets the Imperial Court" (2009). Constitutional Commentary. 699. https://scholarship.law.umn.edu/concomm/699 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]. Article GUANTANAMO, BOUMEDIENE, AND JURISDICTION-STRIPPING: THE IMPERIAL PRESIDENT MEETS THE IMPERIAL COURT Martin J. Katz* INTRODUCTION In Boumediene v. Bush,1 the Supreme Court struck down a major pillar of President Bush's war on terror: the indefinite de tention of terror suspects in Guantanamo Bay, Cuba. The Court held that even non-citizen prisoners held by the United States government on foreign soil could challenge their confinement by seeking a writ of habeas corpus in federal court, and that the procedures the government had provided for such challenges were not an adequate substitute for the writ." As a habeas corpus case, Boumediene may well be revolu tionary.3 However, Boumediene is more than merely a habeas * Interim Dean and Associate Professor of Law. University of Denver College of Law; Yale Law School. J.D. 1991: Harvard College. A.B. 1987. Thanks to Alan Chen. -
The Role of Politics in Districting the Federal Circuit System
PUSHING BOUNDARIES: THE ROLE OF POLITICS IN DISTRICTING THE FEDERAL CIRCUIT SYSTEM Philip S. Bonforte† I. Introduction ........................................................................... 30 II. Background ............................................................................ 31 A. Judiciary Act of 1789 ......................................................... 31 B. The Midnight Judges Act ................................................... 33 C. Judiciary Act of 1802 ......................................................... 34 D. Judiciary Act of 1807 ....................................................... 344 E. Judiciary Act of 1837 ....................................................... 355 F. Tenth Circuit Act ................................................................ 37 G. Judicial Circuits Act ........................................................... 39 H. Tenth Circuit Act of 1929 .................................................. 40 I. Fifth Circuit Court of Appeals Reorganization Act of 1980 ...................................................... 42 J. The Ninth Circuit Dilemma ................................................ 44 III. The Role of Politics in Circuit Districting ............................. 47 A. The Presence of Politics ..................................................... 48 B. Political Correctness .......................................................... 50 IV. Conclusion ............................................................................. 52 † The author is a judicial clerk -
WILLIAM HOWARD TAFT HOME Page 1 United States Department of the Interior, National Park Service National Register of Historic Places Registration Form
NATIONAL HISTORIC LANDMARK NOMINATION NPS Form 10-900 USDI/NPS NRHP Registration Form (Rev. 8-86) OMB No. 1024-0018 WILLIAM HOWARD TAFT HOME Page 1 United States Department of the Interior, National Park Service National Register of Historic Places Registration Form 1. NAME OF PROPERTY Historic Name: William Howard Taft Home (Updated Documentation and Name Change) Other Name/Site Number: Alphonso Taft Home William Howard Taft National Historic Site 2. LOCATION Street & Number: 2038 Auburn Avenue Not for publication: City/Town: Cincinnati Vicinity: State: OH County: Hamilton Code: 061 Zip Code: 45219-3025 3. CLASSIFICATION Ownership of Property Category of Property Private: Building(s): _X_ Public-Local: District: ___ Public-State: ___ Site: ___ Public-Federal: _X_ Structure: ___ Object: ___ Number of Resources within Property Contributing Noncontributing 1 1 buildings 1 0 sites 0 0 structures 0 objects 2 1 Total Number of Contributing Resources Previously Listed in the National Register: 1 Name of Related MultipleDRAFT Property Listing: N/A NPS Form 10-900 USDI/NPS NRHP Registration Form (Rev. 8-86) OMB No. 1024-0018 WILLIAM HOWARD TAFT HOME Page 2 United States Department of the Interior, National Park Service National Register of Historic Places Registration Form 4. STATE/FEDERAL AGENCY CERTIFICATION As the designated authority under the National Historic Preservation Act of 1966, as amended, I hereby certify that this ____ nomination ____ request for determination of eligibility meets the documentation standards for registering properties in the National Register of Historic Places and meets the procedural and professional requirements set forth in 36 CFR Part 60. -
Foundation Document William Howard Taft National Historic Site Ohio December 2014 Foundation Document
Attachment 12 NATIONAL PARK SERVICE • U.S. DEPARTMENT OF THE INTERIOR Foundation Document William Howard Taft National Historic Site Ohio December 2014 Foundation Document e To 275 v To 275 fton ward li A Calhoun Ho 22 C Street lliam Wi y Taft Road one-wa McMillan Exit 3 Street one-way ue Western Hills n e e To 275 Viaduct v Southern 71 v A A Avenue t r Christ Hospital rn Parking e Ce lb ntral i OHIO bu entrance G 75 u A Exit 50 Willia m Howard Taft Young 52 2 Street E Nationa l Historic Site d e n D e r o m a c y S o e P rchester Av P a a r r k k EDEN w D d r a a y Liberty Street o Krohn R PARK Conservatory Stree y Museum Museum a C I N C I N N A T I g Center n e of Art w t i k Ezzard Char d u r les ea n a R e P Driv v e y A Y kwa l Par K tra Main t IO Cen r ia C e b H t lb P ee i m O lu th Str lu 9 St G o m S reet C 7th St KENTU r reet ee treet St 6th Street To 275 t 5th 50 Pike Fountain Street Taft Square Museum of Art 471 Roebl North 71 Great American Ballpark i n 71 Paul Brown g R E V Stadium B RI r 75 id 0 0.5 1 Kilometer IO KENTUCKY OH g e 0 0.5 1 Mile To 275 To 275 2 William Howard Taft National Historic Site CONTENTS Mission of the National Park Service 1 Introduction 2 Part 1: Core Components 3 Brief Description of the Park 3 William Howard Taft – Influences and Legacy 5 Park Purpose 7 Park Significance 8 Fundamental Resources and Values 9 Interpretive Themes 10 Part 2: Dynamic Components 11 Special Mandates and Administrative Commitments 11 Administrative Commitments 11 Assessment of Planning and Data Needs 11 Analysis of Fundamental -
Supreme Court of the United States ______
NO. 19-__ In the Supreme Court of the United States ________________ COLORADO DEPARTMENT OF STATE, Petitioner, v. MICHEAL BACA, POLLY BACA, AND ROBERT NEMANICH, Respondents. ________________ On Petition for Writ of Certiorari to the U.S. Court of Appeals for the Tenth Circuit ________________ PETITION FOR WRIT OF CERTIORARI ________________ PHILIP J. WEISER GRANT T. SULLIVAN Attorney General Assistant Solicitor General ERIC R. OLSON LEEANN MORRILL Solicitor General First Assistant Attorney Counsel of Record General Office of the Colorado Attorney General 1300 Broadway, 10th Floor Denver, Colorado 80203 [email protected] (720) 508-6000 Counsel for Petitioner QUESTIONS PRESENTED Like most States, Colorado requires its presidential electors to follow the will of its voters when casting their Electoral College ballots for President. In the 2016 Electoral College, one of Colorado’s electors violated Colorado law by attempting to cast his presidential ballot for a candidate other than the one he pledged to vote for. Colorado removed him as an elector, declined to accept his ballot, and replaced him with an alternate elector who properly cast her ballot for the winner of the State’s popular vote, consistent with Colorado law. The removed elector later sued Colorado for nominal damages. The questions presented are: 1. Whether a presidential elector who is prevented by their appointing State from casting an Electoral College ballot that violates state law lacks standing to sue their appointing State because they hold no constitutionally protected right to exercise discretion. 2. Does Article II or the Twelfth Amendment forbid a State from requiring its presidential electors to follow the State’s popular vote when casting their Electoral College ballots. -
Individual Access to Constitutional Justice
Strasbourg, 27 January 2011 CDL-AD(2010)039rev. Study N° 538 / 2009 Or. Engl. EUROPEAN COMMISSION FOR DEMOCRACY THROUGH LAW (VENICE COMMISSION) STUDY ON INDIVIDUAL ACCESS TO CONSTITUTIONAL JUSTICE Adopted by the Venice Commission at its 85th Plenary Session (Venice, 17-18 December 2010) on the basis of comments by Mr Gagik HARUTYUNYAN (Member, Armenia) Ms Angelika NUSSBERGER (Substitute Member, Germany) Mr Peter PACZOLAY (Member, Hungary) This document will not be distributed at the meeting. Please bring this copy. http://www.venice.coe.int CDL-AD(2010)039 - 2 - Table of contents INTRODUCTION.............................................................................................................6 GENERAL REMARKS....................................................................................................6 I. ACCESS TO CONSTITUTIONAL REVIEW ...............................................................15 I.1. TYPES OF ACCESS .................................................................................................17 I.1.1. Indirect access...................................................................................................17 I.1.2. Direct access.....................................................................................................20 I.2. THE ACTS UNDER REVIEW ......................................................................................28 I.3. PROTECTED RIGHTS ..............................................................................................29 PARTIAL CONCLUSIONS OF CHAPTER -
Texas Rules of Appellate Procedure
TEXAS RULES OF APPELLATE PROCEDURE Table of Contents SECTION ONE. (c) Where to File. GENERAL PROVISIONS (d) Order of the Court. Rule 1. Scope of Rules; Local Rules of Courts of Rule 5. Fees in Civil Cases Appeals Rule 6. Representation by Counsel 1.1. Scope. 6.1. Lead Counsel 1.2. Local Rules (a) For Appellant. (a) Promulgation. (b) For a Party Other Than Appellant. (b) Copies. (c) How to Designate. (c) Party's Noncompliance. 6.2. Appearance of Other Attorneys Rule 2. Suspension of Rules 6.3. To Whom Communications Sent Rule 3. Definitions; Uniform Terminology 6.4. Nonrepresentation Notice 3.1. Definitions (a) In General. (b) Appointed Counsel. 3.2. Uniform Terminology in Criminal Cases 6.5. Withdrawal (a) Contents of Motion. Rule 4. Time and Notice Provisions (b) Delivery to Party. (c) If Motion Granted. 4.1. Computing Time (d) Exception for Substitution of (a) In General. Counsel. (b) Clerk's Office Closed or Inaccessible. 6.6. Agreements of Parties or Counsel 4.2. No Notice of Trial Court’s Judgment Rule 7. Substituting Parties in Civil Case (a) Additional Time to File Documents. 7.1. Parties Who Are Not Public Officers (1) In general. (a) Death of a Party. (2) Exception for restricted appeal. (1) Civil Cases. (b) Procedure to Gain Additional Time. (2) Criminal Cases. (c) The Court’s Order. (b) Substitution for Other Reasons. 4.3. Periods Affected by Modified 7.2. Public Officers Judgment in Civil Case (a) Automatic Substitution of Officer. (a) During Plenary-Power Period. (b) Abatement. (b) After Plenary Power Expires. -
A Report on the California Appellate System J
Hastings Law Journal Volume 45 | Issue 3 Article 2 1-1994 A Report on the California Appellate System J. Clark Kelso Follow this and additional works at: https://repository.uchastings.edu/hastings_law_journal Part of the Law Commons Recommended Citation J. Clark Kelso, A Report on the California Appellate System, 45 Hastings L.J. 433 (1994). Available at: https://repository.uchastings.edu/hastings_law_journal/vol45/iss3/2 This Article is brought to you for free and open access by the Law Journals at UC Hastings Scholarship Repository. It has been accepted for inclusion in Hastings Law Journal by an authorized editor of UC Hastings Scholarship Repository. For more information, please contact [email protected]. A Report on the California Appellate Systemt by J. CLARK KELSO* Introduction Although the right to appeal is not recognized as one of our fun- damental rights of due process or equal protection, the ability to ap- peal an adverse decision would nevertheless appear to be one of the most cherished indicia of civilized government.' We learn at a very early age that one way to avoid having our toys taken away by an older sibling or playmate is to protest this unfair treatment to the nearest authority figure-usually a parent. And if relief is not granted by one parent, we seek help from the other parent. The underlying sentiment that there is (or must be) a higher au- thority which may be consulted to correct injustice has been ingrained in formal, governmental dispute-resolution systems throughout re- corded history. The right of appeal has been a component of govern- f The first draft of this Article was sent out to more than 125 reviewers, including all appellate judges in California. -
IS LESS Philip Hamburger† I. FREE EXERCISE
HAMBURGER.BOOK.DOC 4/13/04 9:44 PM ESSAY MORE IS LESS∗ Philip Hamburger† I. FREE EXERCISE INALIENABLE .................................................... 838 A. The Inalienable Character of Religious Liberty ................. 839 B. The Definition of Religious Liberty..................................... 848 II. BOTH MORE AND LESS ................................................................. 858 A. The Contingency of Free Exercise in the Courts ................ 858 B. Mere Definition Rather than Condition? ............................ 861 C. Historical Explanations......................................................... 864 D. Expansion and Contingency................................................. 869 E. The Absolute Right of Religious Belief ............................... 872 F. Fratricide (or the Periphery Undermines the Core) ........... 874 G. No Harm, No Foul? .............................................................. 882 H. Other Examples..................................................................... 885 CONCLUSION....................................................................................... 890 S the First Amendment’s right of free exercise of religion condi- I tional upon government interests? Many eighteenth-century Americans said it was utterly unconditional. For example, James Madison and numerous contemporaries declared in 1785 that “the right of every man to exercise [‘Religion’] . is in its nature an un- alienable right” and “therefore that in matters of Religion, no mans right is abridged by -
Chapter 2 the Marshall Court and the Early Republic
Chapter 2 The Marshall Court and the Early Republic I. The Supreme Court in Its Initial Years: 1 78918O11 The Supreme Court of the United States was a relatively insignificant institution during the first decade of the new Republic. Presidents Washington and Adams had some difficulty attracting people to serve, and the rate of turnover was high. Three men were appointed chiefjustice during the first 12 years.JohnJay resigned after six years to serve as New York’s governor, which he presumably deemed the more important office (and during his tenure he sailed to England to serve as the princi pal negotiator of what became known as the Jay Treaty with Great Britain, which, together with his co-authorship of the Federalist Papers, remains his primary claim to fame for most historians) . His successor, John Rutledge, had been appointed as an Associate in 1 789 but had resigned in 1 791 , without ever sitting, to go to the more prestigious South Carolina Supreme Court. He was nominated to become Chief Justice ofthe U.S. Supreme Court in 1795 but failed to receive Senate confirmation. Thereafter, Oliver Ellsworth was nominated and confirmed in 1796; he served until 1800, when he resigned while overseas on a diplomatic mission to France. One source of discontent was the onerous duty of “riding circuit,” which required eachJustice to travel twice a year to sit in the federal circuit court districts. (There were no “circuit courts” in the modern sense; instead, they consisted of districtjudges sitting together with a Supreme Courtjustice as a “circuit court.”) The trips were strenuous and time-consuming. -
Politics, the Judiciary Act of 1789, and the Invention of the Federal Courts
Duke Law Journal VOLUME 1989 DECEMBER NUMBER 6 "TO ESTABLISH JUSTICE": POLITICS, THE JUDICIARY ACT OF 1789, AND THE INVENTION OF THE FEDERAL COURTS WYTHE HOLT* TABLE OF CONTENTS I. Why Do We Have the National Judiciary We Have? . 1422 A. Unnoticed National JudiciaryPuzzles .................. 1422 * University Research Professor of Law, University of Alabama School of Law. B.A., 1963, Amherst College; J.D., 1966, Ph.D., 1979, University of Virginia. This essay is copyrighted by the author, who reserves all rights thereto. The author is grateful to Dean Nathaniel Hansford and the University of Alabama School of Law for their generous support of several years of research that forms the basis of this essay, and for a sabbatical leave that also in part supported the research for this essay. The author is most grateful to Charlene Bickford, Kenneth Bowling, Helen Veit, and their colleagues at the Documentary His- tory of the First Congress project at George Washington University, who graciously made available their magnificent collection of materials and have been kind enough to advise, assist, and cheer the author on many occasions. The author gratefully acknowledges the assistance of Jim Buchanan, Christine Jordan, Maeva Marcus, Jim Perry, Steven Tull, and their associates at the Documentary History of the United States Supreme Court, 1789-1800 project, for generously giving time, advice, and expertise, and allowing the author to supplement his research for this essay with their fine collection. William Casto, Eugene Genovese, L.H. La Rue, and Sandra Van Burkleo commented generously, helpfully, and often persuasively upon earlier drafts. Finally, the author gratefully ac- knowledges the expert aid, pleasantness, and unfailing good cheer extended to the author by the many librarians and research aides at the numerous repositories cited in this essay.