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Fellows V. Blacksmith
''Fellows v. Blacksmith'', 60 U.S. (19 How.) 366 (1857), is a United States Supreme Court decision involving Native American law. John Blacksmith, a Tonawanda Seneca, sued agents of the Ogden Land Company for common law claims of trespass, assault, and battery after he was forcibly evicted from his sawmill by the Company's agents. The Court affirmed a judgement in Blacksmith's favor, notwithstanding the fact that the Seneca had executed an Indian removal treaty and the Company held the exclusive right to purchase to the land by virtue of an interstate compact ratified by Congress. Citing the trust relationship between the federal government and the tribes, the Court held that removal treaties could only be enforced against the tribes by the federal government, not private parties (whether through self-help or through the courts). In other words, the federal government retained the discretion not to enforce such treaties. At the same time, the Court held that enrolled treaties ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Enrolled Bill
In the United States Congress, an enrolled bill is the final copy of a bill or joint resolution which has passed both houses of Congress in identical form. In the United States, enrolled bills are engrossed—prepared in a formally printed copy—and must be signed by the presiding officers of both houses and sent to the president of the United States for approval. The practice of engrossing a handwritten copy in the style of an illuminated manuscript fell out of favor in the 1790s. The 1789 Constitution of the United States The Constitution of the United States is the supreme law of the United States of America. It superseded the Articles of Confederation, the nation's first constitution, in 1789. Originally comprising seven articles, it delineates the nati ... did receive this treatment. See also * Enrolled bill rule References Terminology of the United States Congress {{US-Congress-stub ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Aboriginal Title In The Taney Court
The Supreme Court of the United States, under Chief Justice Roger B. Taney (1836–1864), issued several important decisions on the status of aboriginal title in the United States, building on the opinions of aboriginal title in the Marshall Court. The Taney Court heard '' Fellows v. Blacksmith'' (1857) and ''New York ex rel. Cutler v. Dibble'' (1858), the first two aboriginal title cases involving indigenous plaintiffs to reach the Supreme Court since ''Cherokee Nation v. Georgia'' (1830), and the first two cases won by indigenous parties in the Supreme Court. In ''Marsh v. Brooks'' (1850), in dicta, the Court declared: "That an action of ejectment could be maintained on an Indian right to occupancy and use, is not open to question." The remaining cases involved no indigenous parties. In ''United States v. Brooks'' (1850), the Court refused to inquire into allegations of fraud on the part of Commissioner Jehiel Brooks in negotiating a treaty with the Caddo. Following th ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Ely S
Ely or ELY may refer to: Places Ireland * Éile, a medieval kingdom commonly anglicised Ely * Ely Place, Dublin, a street United Kingdom * Ely, Cambridgeshire, a cathedral city in Cambridgeshire, England ** Ely Cathedral ** Ely Rural District, a former district surrounding Ely, Cambridgeshire on the west and north ** Isle of Ely, a historic region and former county around the city of Ely ** Diocese of Ely, a Church of England diocese in the Province of Canterbury * Ely Place, a road in London * Ely, Cardiff, a suburb of west Cardiff, Wales ** Ely (Cardiff electoral ward) * River Ely, a river in Wales that flows through Cardiff United States * Ely, Iowa, a city * Ely, Minnesota, a city * Ely, Missouri, an unincorporated community * Ely, Nevada, a city and county seat * Ely, New Jersey, an unincorporated community * Ely, Virginia, an unincorporated community * Ely Township, Michigan * Norton, Yolo County, California, formerly Ely * Ely, a village belonging to Fairlee, Vermo ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Commerce Clause
The Commerce Clause describes an enumerated power listed in the United States Constitution ( Article I, Section 8, Clause 3). The clause states that the United States Congress shall have power "to regulate Commerce with foreign Nations, and among the several States, and with the Indian Tribes". Courts and commentators have tended to discuss each of these three areas of commerce as a separate power granted to Congress. It is common to see the individual components of the Commerce Clause referred to under specific terms: the Foreign Commerce Clause, the Interstate Commerce Clause, and the Indian Commerce Clause. Dispute exists within the courts as to the range of powers granted to Congress by the Commerce Clause. As noted below, it is often paired with the Necessary and Proper Clause, and the combination used to take a more broad, expansive perspective of these powers. During the Marshall Court era (1801–1835), interpretation of the Commerce Clause gave Congress jurisdiction ov ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Federal Preemption
In the law of the United States, federal preemption is the invalidation of a U.S. state law that conflicts with federal law. Constitutional basis According to the Supremacy Clause (Article VI, clause 2) of the United States Constitution, This Constitution, and the Laws of the United States which shall be made in Pursuance thereof; and all Treaties made, or which shall be made, under the Authority of the United States, shall be the Supreme law of the land; and the Judges in every State shall be bound thereby, any Thing in the Constitution or Laws of any State to the Contrary notwithstanding. As the Supreme Court stated in '' Altria Group v. Good'', 555 U.S. 70 (2008), a federal law that conflicts with a state law will overtake, or "preempt", that state law: Consistent with that command, we have long recognized that state laws that conflict with federal law are "without effect". '' Maryland v. Louisiana'', 451 U. S. 725, 746 (1981) Although many concurrent powers are subject t ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Nonintercourse Act
The Nonintercourse Act (also known as the Indian Intercourse Act or the Indian Nonintercourse Act) is the collective name given to six statutes passed by the Congress in 1790, 1793, 1796, 1799, 1802, and 1834 to set Amerindian boundaries of reservations. The various Acts were also intended to regulate commerce between settlers and the natives. The most notable provisions of the Act regulate the inalienability of aboriginal title in the United States, a continuing source of litigation for almost 200 years. The prohibition on purchases of Indian lands without the approval of the federal government has its origins in the Royal Proclamation of 1763 and the Confederation Congress Proclamation of 1783. Text of the land provision The first four Acts expired after 4 years; the 1802 and 1834 Acts had no expiration. The version of the Act in force at the time of the illicit conveyance determines the law that applies. The courts have found few legal differences between the five versions ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
New York Ex Rel
New is an adjective referring to something recently made, discovered, or created. New or NEW may refer to: Music * New, singer of K-pop group The Boyz Albums and EPs * ''New'' (album), by Paul McCartney, 2013 * ''New'' (EP), by Regurgitator, 1995 Songs * "New" (Daya song), 2017 * "New" (Paul McCartney song), 2013 * "New" (No Doubt song), 1999 *"new", by Loona from '' Yves'', 2017 *"The New", by Interpol from ''Turn On the Bright Lights'', 2002 Acronyms * Net economic welfare, a proposed macroeconomic indicator * Net explosive weight, also known as net explosive quantity * Network of enlightened Women, a conservative university women's organization * Next Entertainment World, a South Korean film distribution company Identification codes * Nepal Bhasa language ISO 639 language code * New Century Financial Corporation (NYSE stock abbreviation) * Northeast Wrestling, a professional wrestling promotion in the northeastern United States Transport * New Orleans Lakefront A ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
New York State Unified Court System
The Judiciary of New York (officially the New York State Unified Court System) is the judicial branch of the Government of New York, comprising all the courts of the State of New York (excluding extrajudicial administrative courts). The Court of Appeals, sitting in Albany and consisting of seven judges, is the state's highest court. The Appellate Division of the New York State Supreme Court is the principal intermediate appellate court. The New York State Supreme Court is the trial court of general jurisdiction in civil cases statewide and in criminal cases in New York City. Outside New York City, the 57 individual County Courts hear felony criminal cases. There are a number of local courts in different parts of the state, including the New York City Civil Court and New York City Criminal Court. By one estimate, debt collection actions are 25% of all lawsuits in state courts. The system is administered by the Chief Judge of the State of New York, working with the Chief Admini ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
New York Attorney General
The attorney general of New York is the chief legal officer of the U.S. state of New York and head of the Department of Law of the state government. The office has been in existence in some form since 1626, under the Dutch colonial government of New Netherland. The attorney general of the State of New York is the highest-paid state attorney general in the country. Democrat Letitia James currently serves as attorney general, in office since January 1, 2019. Functions The attorney general advises the executive branch of state government and defends actions and proceedings on behalf of the state. The attorney general acts independently of the governor of New York. The department's regulations are compiled in title 13 of the '' New York Codes, Rules and Regulations'' (NYCRR). Organization The legal functions of the Department of Law are divided primarily into five major divisions: Appeals and Opinions, State Counsel, Criminal Justice, Economic Justice and Social Justice. Chief d ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
John H
John is a common English name and surname: * John (given name) * John (surname) John may also refer to: New Testament Works * Gospel of John, a title often shortened to John * First Epistle of John, often shortened to 1 John * Second Epistle of John, often shortened to 2 John * Third Epistle of John, often shortened to 3 John People * John the Baptist (died c. AD 30), regarded as a prophet and the forerunner of Jesus Christ * John the Apostle (lived c. AD 30), one of the twelve apostles of Jesus * John the Evangelist, assigned author of the Fourth Gospel, once identified with the Apostle * John of Patmos, also known as John the Divine or John the Revelator, the author of the Book of Revelation, once identified with the Apostle * John the Presbyter, a figure either identified with or distinguished from the Apostle, the Evangelist and John of Patmos Other people with the given name Religious figures * John, father of Andrew the Apostle and Saint Peter * Pope ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Aboriginal Title In The Marshall Court
The Marshall Court (1801–1835) issued some of the earliest and most influential opinions by the Supreme Court of the United States on the status of aboriginal title in the United States, several of them written by Chief Justice John Marshall himself. However, without exception, the remarks of the Court on aboriginal title during this period are ''dicta''. Only one indigenous litigant ever appeared before the Marshall Court, and there, Marshall dismissed the case for lack of original jurisdiction. ''Fletcher v. Peck'' (1810) and ''Johnson v. M'Intosh'' (1823), the first and the most detailed explorations of the subject by Marshall, respectively, both arose out of collusive lawsuits, where land speculators presented an artificial case and controversy in order to elicit the desired precedent. In ''Cherokee Nation v. Georgia'' (1831) and ''Worcester v. Georgia'' (1832), the ''dicta'' of Marshall and the dissenting justices embraced a far broader view of aboriginal title. ' ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Tom Tureen
Thomas Norton Tureen (born 1943Nellie Blagden ''Time'' (January 31, 1977).) is an American lawyer and entrepreneur known for his work with American Indian tribes. While an attorney with the Native American Rights Fund he pioneered the use of the Nonintercourse Act to obtain return of tribal lands lost 180 years earlier and federal recognition for previously non-federally recognized tribes. Tureen successfully litigated Joint Tribal Council of the Passamaquoddy Tribe v. Morton (1975), which established that the federal government has a trust responsibility to protect the land of all tribes, including those not previously recognized. Between 1972 and 1983 he helped obtain federal recognition for and the return of over 300,000 acres to five New England tribes. Tureen's work on behalf of the tiny Mashantucket Pequot Tribe in Connecticut led to the creation of the Foxwoods Resort Casino, one of the largest casinos in the world. He arranged the acquisition of Dragon Cement, New England's ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
