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Constructive Treason
Constructive treason is the judicial extension of the statutory definition of the crime of treason. For example, the English Treason Act 1351 declares it to be treason "When a Man doth compass or imagine the Death of our Lord the King". This was subsequently interpreted by the courts to include ''imprisoning'' the king, on the ground that history had shown that when a king is held captive by a usurper, he often dies in captivity. Despite legislative efforts to restrict the scope of treason, judges and prosecutors in common law jurisdictions still succeeded in broadening the reach of the offence by " constructing" new treasons. It is the opinion of one legal historian that: England and Great Britain Ironically, the first attempt to constrain the development of constructive treasons in England was the 1351 Act itself. Its preamble states that Parliament had decided to define treason by statute for the first time because the common law definition had expanded so widely (however thi ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Judicial Activism
Judicial activism is a judicial philosophy holding that the courts can and should go beyond the applicable law to consider broader societal implications of its decisions. It is sometimes used as an antonym of judicial restraint. The term usually implies that judges make rulings based on their own views rather than on precedent. The definition of judicial activism and the specific decisions that are activist are controversial political issues. The question of judicial activism is closely related to judicial interpretation, statutory interpretation, and separation of powers. Etymology Arthur Schlesinger Jr. introduced the term "judicial activism" in a January 1947 ''Fortune'' magazine article titled "The Supreme Court: 1947". The phrase has been controversial since its beginning. An article by Craig Green, "An Intellectual History of Judicial Activism," is critical of Schlesinger's use of the term; "Schlesinger's original introduction of judicial activism was doubly blurred: no ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Parliament Of England
The Parliament of England was the legislature of the Kingdom of England from the 13th century until 1707 when it was replaced by the Parliament of Great Britain. Parliament evolved from the great council of bishops and peers that advised the English monarch. Great councils were first called Parliaments during the reign of Henry III (). By this time, the king required Parliament's consent to levy taxation. Originally a unicameral body, a bicameral Parliament emerged when its membership was divided into the House of Lords and House of Commons, which included knights of the shire and burgesses. During Henry IV's time on the throne, the role of Parliament expanded beyond the determination of taxation policy to include the "redress of grievances," which essentially enabled English citizens to petition the body to address complaints in their local towns and counties. By this time, citizens were given the power to vote to elect their representatives—the burgesses—to t ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Cramer V
Cramer may refer to: Businesses * Cramer brothers, 18th century publishers * Cramer Systems, a software company * Cramer & Co., a former musical-related business in London Other uses * Cramer (surname), including a list of people and fictional characters * Cramer, Minnesota, United States, an unincorporated community * Mount Cramer Mount Cramer, at is the second highest peak in the Sawtooth Range of Idaho. The summit of Mount Cramer is located on the border of Custer and Boise Counties. The peak is the highest point in Boise County. Mount Cramer is also located within t ..., Idaho, United States See also * * * Kramer (other) {{dab, geo ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Burr Conspiracy
The Burr conspiracy was a plot alleged to have been planned by Aaron Burr in the years during and after his term as Vice President of the United States under US President Thomas Jefferson. According to the accusations against Burr, he attempted to use his international connections and support from a cabal of US planters, politicians, and army officers to establish an independent country in the Southwestern United States and parts of Mexico. Burr's version was that he intended to farm 40,000 acres (160 km2) in the Texas Territory which had been leased to him by the Spanish Crown. In February 1807, Burr was arrested on Jefferson's orders and indicted for treason, despite a lack of firm evidence. While Burr was ultimately acquitted of treason due to the specificity of the US Constitution, the fiasco further destroyed his already faltering political career. Effigies of his likeness were burned throughout the country and the threat of additional charges from individual states for ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Committee Of Detail
The Committee of Detail was a committee established by the United States Constitutional Convention on July 24, 1787, to put down a draft text reflecting the agreements made by the convention up to that point, including the Virginia Plan's 15 resolutions. The convention adjourned from July 26 to August 6 to await their report. Much of what was contained in the final document was present in this draft. The committee was chaired by John Rutledge, with the other members including Edmund Randolph, Oliver Ellsworth, James Wilson, and Nathaniel Gorham. Although the membership of the committee disproportionately favored the larger states, it was fairly evenly balanced in terms of geographic distribution: Gorham (Massachusetts) representing northern New England, Ellsworth (Connecticut) representing lower New England, Wilson (Pennsylvania) representing the middle states, Randolph (Virginia) representing the upper South, and Rutledge (South Carolina) representing the lower South. Overall ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Treason
Treason is the crime of attacking a state authority to which one owes allegiance. This typically includes acts such as participating in a war against one's native country, attempting to overthrow its government, spying on its military, its diplomats, or its secret services for a hostile and foreign power, or attempting to kill its head of state. A person who commits treason is known in law as a traitor. Historically, in common law countries, treason also covered the murder of specific social superiors, such as the murder of a husband by his wife or that of a master by his servant. Treason (i.e. disloyalty) against one's monarch was known as ''high treason'' and treason against a lesser superior was ''petty treason''. As jurisdictions around the world abolished petty treason, "treason" came to refer to what was historically known as high treason. At times, the term ''traitor'' has been used as a political epithet, regardless of any verifiable treasonable action. In a civil ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Federalist Papers
''The Federalist Papers'' is a collection of 85 articles and essays written by Alexander Hamilton, James Madison, and John Jay under the collective pseudonym "Publius" to promote the ratification of the Constitution of the United States. The collection was commonly known as ''The Federalist'' until the name ''The Federalist Papers'' emerged in the 20th century. The first 77 of these essays were published serially in the '' Independent Journal'', the ''New York Packet'', and ''The Daily Advertiser'' between October 1787 and April 1788. A compilation of these 77 essays and eight others were published in two volumes as ''The Federalist: A Collection of Essays, Written in Favour of the New Constitution, as Agreed upon by the Federal Convention, September 17, 1787'', by publishing firm J. & A. McLean in March and May 1788. The last eight papers (Nos. 78–85) were republished in the New York newspapers between June 14 and August 16, 1788. The authors of ''The Federalist'' intended ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
James Madison
James Madison Jr. (March 16, 1751June 28, 1836) was an American statesman, diplomat, and Founding Father. He served as the fourth president of the United States from 1809 to 1817. Madison is hailed as the "Father of the Constitution" for his pivotal role in drafting and promoting the Constitution of the United States and the Bill of Rights. Madison was born into a prominent slave-owning planter family in Virginia. He served as a member of the Virginia House of Delegates and the Continental Congress during and after the American Revolutionary War. Unsatisfied with the weak national government established by the Articles of Confederation, he helped organize the Constitutional Convention, which produced a new constitution. Madison's Virginia Plan was the basis for the Convention's deliberations, and he was an influential voice at the convention. He became one of the leaders in the movement to ratify the Constitution, and joined Alexander Hamilton and John Jay in writi ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Founding Fathers Of The United States
The Founding Fathers of the United States, known simply as the Founding Fathers or Founders, were a group of late-18th-century American Revolution, American revolutionary leaders who United Colonies, united the Thirteen Colonies, oversaw the American Revolutionary War, war for independence from Kingdom of Great Britain, Great Britain, established the United States, and crafted a Constitution, framework of government for the new nation. Historians generally recognize prominent leaders of the American Revolution, Revolutionary Era (1765–1791), such as George Washington, Benjamin Franklin, John Adams, Thomas Jefferson, and Alexander Hamilton, as Founding Fathers. In addition, signers of the United States Declaration of Independence, Declaration of Independence and the U.S. Constitution are widely credited with the nation's founding, while other scholars include all delegates to the Constitutional Convention (United States), Constitutional Convention in 1787 whether they signed th ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Sedition Act 1661
The Sedition Act 1661 (13 Car 2 St 1 c 1) was an Act of the Parliament of England, although it was extended to Scotland in 1708. Passed shortly after the Restoration of Charles II, it is no longer in force, but some of its provisions continue to survive today in the Treason Act 1695 and the Treason Felony Act 1848. One clause which was included in the Treason Act 1695 was later adapted for the United States Constitution. Two witnesses rule The most important feature of the Act was that it reintroduced a significant new rule of evidence in high treason trials, namely that nobody could be convicted of treason except by the evidence of "two lawful and credible witnesses upon oath ... brought in person before him or them face to face", or if he confessed "willingly without violence". (This rule had previously been enacted in section 22 of the Treason Act 1547, and again in section XI of the Treason Act 1554, which however differed from the other versions by only requiring ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Constructive Possession
Constructive possession is a legal fiction to describe a situation in which an individual has actual control over chattels or real property without actually having physical control of the same assets. At law, a person with constructive possession stands in the same legal position as a person with actual possession. For example, if one's car is sitting in one's driveway, one has physical possession of the car. However, any person with the key has constructive possession, as they may take physical possession at any time without further consent from one. Constructive possession is an important concept in both criminal law, regarding theft and embezzlement, and civil law, regarding possession of land and chattels. For example, if someone steals your credit card number, the actual credit card never leaves your actual possession, but the person who has stolen the number does have constructive possession, and could most likely be charged with theft of your credit card information ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
