Flast V. Cohen
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Flast V. Cohen
''Flast v. Cohen'', 392 U.S. 83 (1968), was a United States Supreme Court case holding that a taxpayer has standing to sue the government to prevent an unconstitutional use of taxpayer funds. The Supreme Court decided in '' Frothingham v. Mellon'' (1923), that a taxpayer did not have standing to sue the federal government to prevent expenditures if his only injury is an anticipated increase in taxes. ''Frothingham v. Mellon'' did not recognize a constitutional barrier against federal taxpayer lawsuits. Rather, it denied standing because the petitioner did not allege "a breach by Congress of the specific constitutional limitations imposed upon an exercise of the taxing and spending power." Because the purpose of standing is to avoid burdening the court with situations in which there is no real controversy, standing is used to ensure that the parties in the suit are properly adversarial, "not whether the issue itself is justiciable." In 1968, Florance Flast joined several othe ...
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United States Constitution
The Constitution of the United States is the Supremacy Clause, supreme law of the United States, United States of America. It superseded the Articles of Confederation, the nation's first constitution, in 1789. Originally comprising seven articles, it delineates the national frame of government. Its first three articles embody the doctrine of the separation of powers, whereby the federal government of the United States, federal government is divided into three branches: the United States Congress, legislative, consisting of the bicameralism, bicameral United States Congress, Congress (Article One of the United States Constitution, Article I); the Federal government of the United States#Executive branch, executive, consisting of the President of the United States, president and subordinate officers (Article Two of the United States Constitution, Article II); and the Federal judiciary of the United States, judicial, consisting of the Supreme Court of the United States, Supreme C ...
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United States Secretary Of Health, Education, And Welfare
The United States secretary of health and human services is the head of the United States Department of Health and Human Services, and serves as the principal advisor to the president of the United States on all health matters. The secretary is a member of the United States Cabinet. The office was formerly Secretary of Health, Education, and Welfare. In 1980, the Department of Health, Education, and Welfare was renamed the Department of Health and Human Services, and its education functions and Rehabilitation Services Administration were transferred to the new United States Department of Education. Patricia Roberts Harris headed the department before and after it was renamed. Nominations to the office of Secretary of HHS are referred to the Health, Education, Labor and Pensions Committee and the United States Senate Committee on Finance, which has jurisdiction over Medicare and Medicaid, before confirmation is considered by the full United States Senate. Secretary of Health an ...
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Valley Forge Christian College V
A valley is an elongated low area often running between Hill, hills or Mountain, mountains, which will typically contain a river or stream running from one end to the other. Most valleys are formed by erosion of the land surface by rivers or streams over a very long period. Some valleys are formed through erosion by glacier, glacial ice. These glaciers may remain present in valleys in high mountains or polar areas. At lower latitudes and altitudes, these glaciation, glacially formed valleys may have been created or enlarged during ice ages but now are ice-free and occupied by streams or rivers. In desert areas, valleys may be entirely dry or carry a watercourse only rarely. In karst, areas of limestone bedrock, dry valleys may also result from drainage now taking place cave, underground rather than at the surface. Rift valleys arise principally from tectonics, earth movements, rather than erosion. Many different types of valleys are described by geographers, using terms th ...
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Hein V
Hein is a Dutch and Low German masculine given name, a short version of Hendrik/Heinrich, a derivative surname most common in Germany. Given name * Hein van Aken (c. 1250 – c. 1325), Flemish poet * Hein de Baar (born 1949), Dutch oceanographer * Hein van Breenen (1929–1990), Dutch racing cyclist * Hein Boele (born 1939), Dutch voice actor * Hein Donner (1927–1988), Dutch chess grandmaster * Hein du Toit (born 1926), South African Army officer * Hein van Garderen (born 1969), South African fencer * Hein van de Geyn (born 1956), Dutch jazz bassist, composer and band leader * Hein Frode Hansen (born 1972), Norwegian heavy metal drummer * Hein Heckroth (1901–1970), German art director of stage and film productions * Hein van der Heijden (born 1958), Dutch actor * Hein Heinsen (born 1935), Danish artist * Hein ten Hoff (1919–2003), German boxer * Hein Hoyer (c. 1380–1447), German statesman and mayor of Hamburg * Hein Kever (1854–1922), Dutch genre and still-life p ...
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List Of United States Supreme Court Cases, Volume 392
This is a list of all the United States Supreme Court The Supreme Court of the United States (SCOTUS) is the highest court in the federal judiciary of the United States. It has ultimate appellate jurisdiction over all U.S. federal court cases, and over state court cases that involve a point o ... cases from volume 392 of the '' United States Reports'': External links {{SCOTUSCases, 392 1968 in United States case law ...
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Stare Decisis
A precedent is a principle or rule established in a previous legal case that is either binding on or persuasive for a court or other tribunal when deciding subsequent cases with similar issues or facts. Common-law legal systems place great value on deciding cases according to consistent principled rules, so that similar facts will yield similar and predictable outcomes, and observance of precedent is the mechanism by which that goal is attained. The principle by which judges are bound to precedents is known as ''stare decisis'' (a Latin phrase with the literal meaning of "to stand in the-things-that-have-been-decided"). Common-law precedent is a third kind of law, on equal footing with statutory law (that is, statutes and codes enacted by legislative bodies) and subordinate legislation (that is, regulations promulgated by executive branch agencies, in the form of delegated legislation) in UK parlance – or regulatory law (in US parlance). Case law, in common-law jurisdictio ...
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William O
William is a male given name of Germanic origin.Hanks, Hardcastle and Hodges, ''Oxford Dictionary of First Names'', Oxford University Press, 2nd edition, , p. 276. It became very popular in the English language after the Norman conquest of England in 1066,All Things William"Meaning & Origin of the Name"/ref> and remained so throughout the Middle Ages and into the modern era. It is sometimes abbreviated "Wm." Shortened familiar versions in English include Will, Wills, Willy, Willie, Bill, and Billy. A common Irish form is Liam. Scottish diminutives include Wull, Willie or Wullie (as in Oor Wullie or the play ''Douglas''). Female forms are Willa, Willemina, Wilma and Wilhelmina. Etymology William is related to the given name ''Wilhelm'' (cf. Proto-Germanic ᚹᛁᛚᛃᚨᚺᛖᛚᛗᚨᛉ, ''*Wiljahelmaz'' > German '' Wilhelm'' and Old Norse ᚢᛁᛚᛋᛅᚼᛅᛚᛘᛅᛋ, ''Vilhjálmr''). By regular sound changes, the native, inherited English form of the name shou ...
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Establishment Clause
In United States law, the Establishment Clause of the First Amendment to the United States Constitution, together with that Amendment's Free Exercise Clause, form the constitutional right of freedom of religion. The relevant constitutional text is: The Establishment Clause acts as a double security, prohibiting both religious abuse of government and political control of religion. Under it the federal government of the United States as well as the governments of all U.S. states and U.S. territories are prohibited from establishing or sponsoring religion. The clause was based on a number of precedents, including the Constitutions of Clarendon, the Bill of Rights 1689, and the Pennsylvania and New Jersey colonial constitutions. An initial draft by John Dickinson was prepared in conjunction with his drafting the Articles of Confederation. In 1789, then-congressman James Madison prepared another draft which, following discussion and debate in the First Congress, would become ...
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Taxing And Spending Clause
The Taxing and Spending Clause (which contains provisions known as the General Welfare Clause and the Uniformity Clause), Article I, Section 8, Clause 1 of the United States Constitution, grants the federal government of the United States its power of taxation. While authorizing Congress to levy taxes, this clause permits the levying of taxes for two purposes only: to pay the debts of the United States, and to provide for the common defense and general welfare of the United States. Taken together, these purposes have traditionally been held to imply and to constitute the federal government's taxing and spending power. The text of the constitution reads thus: Background One of the most often claimed defects of the Articles of Confederation was its lack of a grant to the central government of the power to lay and collect taxes. Under the Articles, Congress was forced to rely on requisitions upon the governments of its member states. Without the power to independently rai ...
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Earl Warren
Earl Warren (March 19, 1891 – July 9, 1974) was an American attorney, politician, and jurist who served as the 14th Chief Justice of the United States from 1953 to 1969. The Warren Court presided over a major shift in American constitutional jurisprudence, which has been recognized by many as a "Constitutional Revolution The Persian Constitutional Revolution ( fa, مشروطیت, Mashrūtiyyat, or ''Enghelāb-e Mashrūteh''), also known as the Constitutional Revolution of Iran, took place between 1905 and 1911. The revolution led to the establishment of a Maj ..." in the Modern liberalism in the United States, liberal direction, with Warren writing the majority opinions in landmark cases such as ''Brown v. Board of Education'' (1954), ''Reynolds v. Sims'' (1964), ''Miranda v. Arizona'' (1966) and ''Loving v. Virginia'' (1967). Warren also led the Warren Commission, a Presidential Commission (United States), presidential commission that investigated the 1963 Assassina ...
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Appeal
In law, an appeal is the process in which cases are reviewed by a higher authority, where parties request a formal change to an official decision. Appeals function both as a process for error correction as well as a process of clarifying and interpreting law. Although appellate courts have existed for thousands of years, common law countries did not incorporate an affirmative right to appeal into their jurisprudence until the 19th century. History Appellate courts and other systems of error correction have existed for many millennia. During the first dynasty of Babylon, Hammurabi and his governors served as the highest appellate courts of the land. Ancient Roman law recognized the right to appeal in the Valerian and Porcian laws since 509 BC. Later it employed a complex hierarchy of appellate courts, where some appeals would be heard by the emperor. Additionally, appellate courts have existed in Japan since at least the Kamakura Shogunate (1185–1333 CE). During this time ...
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United States District Court
The United States district courts are the trial courts of the U.S. federal judiciary. There is one district court for each federal judicial district, which each cover one U.S. state or, in some cases, a portion of a state. Each district court has at least one courthouse, and many districts have more than one. District courts' decisions are appealed to the U.S. court of appeals for the circuit in which they reside, except for certain specialized cases that are appealed to the U.S. Court of Appeals for the Federal Circuit or directly to the U.S. Supreme Court. District courts are courts of law, equity, and admiralty, and can hear both civil and criminal cases. But unlike U.S. state courts, federal district courts are courts of limited jurisdiction, and can only hear cases that involve disputes between residents of different states, questions of federal law, or federal crimes. Unlike the U.S. Supreme Court, which was established by Article III of the Constitution, th ...
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