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Rights Of Englishmen
The "rights of Englishmen" are the traditional rights of English subjects and later English-speaking subjects of the British Crown. In the 18th century, some of the colonists who objected to British rule in the thirteen British North American colonies that would become the first United States argued that their traditional rights as Englishmen were being violated. The colonists wanted and expected the rights that they (or their forebears) had previously enjoyed in England: a local, representative government, with regards to judicial matters (some colonists were being sent back to England for trials) and particularly with regards to taxation. Belief in these rights subsequently became a widely accepted justification for the American Revolution. The American colonies had since the 17th century been fertile ground for liberalism within the center of European political discourse. However, as the ratification of the Declaration of Independence approached, the issue among the colonist ...
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The Crown
The Crown is the state in all its aspects within the jurisprudence of the Commonwealth realms and their subdivisions (such as the Crown Dependencies, overseas territories, provinces, or states). Legally ill-defined, the term has different meanings depending on context. It is used to designate the monarch in either a personal capacity, as Head of the Commonwealth, or as the king or queen of their realms (whereas the monarchy of the United Kingdom and the monarchy of Canada, for example, are distinct although they are in personal union). It can also refer to the rule of law; however, in common parlance 'The Crown' refers to the functions of government and the civil service. Thus, in the United Kingdom (one of the Commonwealth realms), the government of the United Kingdom can be distinguished from the Crown and the state, in precise usage, although the distinction is not always relevant in broad or casual usage. A corporation sole, the Crown is the legal embodiment of ex ...
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Habeas Corpus Act 1679
The Habeas Corpus Act 1679 is an Act of Parliament in England (31 Cha. 2 c. 2) during the reign of King Charles II. It was passed by what became known as the Habeas Corpus Parliament to define and strengthen the ancient prerogative writ of ''habeas corpus'', which required a court to examine the lawfulness of a prisoner's detention and thus prevent unlawful or arbitrary imprisonment. Earlier and subsequent history The Act is often wrongly described as the origin of the writ of ''habeas corpus''. But the writ of ''habeas corpus'' had existed in various forms in England for at least five centuries before and is thought to have originated in the Assize of Clarendon of 1166. It was guaranteed, but not created, by Magna Carta in 1215, whose article 39 reads (translated from Latin): "No freeman shall be taken or imprisoned or disseised or exiled or in any way destroyed, nor will we go upon him nor will we send upon him except upon the lawful judgement of his peers or the law of th ...
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Fourteenth Amendment To The United States Constitution
The Fourteenth Amendment (Amendment XIV) to the United States Constitution was adopted on July 9, 1868, as one of the Reconstruction Amendments. Often considered as one of the most consequential amendments, it addresses citizenship rights and equal protection under the law and was proposed in response to issues related to former slaves following the American Civil War. The amendment was bitterly contested, particularly by the states of the defeated Confederacy, which were forced to ratify it in order to regain representation in Congress. The amendment, particularly its first section, is one of the most litigated parts of the Constitution, forming the basis for landmark Supreme Court decisions such as '' Brown v. Board of Education'' (1954) regarding racial segregation, ''Roe v. Wade'' (1973) regarding abortion ( overturned in 2022), '' Bush v. Gore'' (2000) regarding the 2000 presidential election, and '' Obergefell v. Hodges'' (2015) regarding same-sex marriage. The amendmen ...
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Slaughter-House Cases
The ''Slaughter-House Cases'', 83 U.S. (16 Wall.) 36 (1873), was a landmark U.S. Supreme Court decision consolidating several cases that held that the Privileges or Immunities Clause of the Fourteenth Amendment to the U.S. Constitution only protects the legal rights that are associated with federal U.S. citizenship, not those that pertain to state citizenship. Though the decision in the ''Slaughter-House Cases'' minimized the impact of the Privileges or Immunities Clause on state law, the Supreme Court would later incorporate the Bill of Rights to strike down state laws on the basis of other clauses. In 2010 the Court rejected argument in '' McDonald v. Chicago'' to overrule the established precedent of ''Slaughterhouse'' and decided instead to incorporate the Second Amendment via the Due Process Clause of the Fourteenth Amendment. Seeking to improve sanitary conditions, the Louisiana legislature and the city of New Orleans had established a corporation charged with regulatin ...
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Joseph P
Joseph is a common male given name, derived from the Hebrew Yosef (יוֹסֵף). "Joseph" is used, along with "Josef", mostly in English, French and partially German languages. This spelling is also found as a variant in the languages of the modern-day Nordic countries. In Portuguese and Spanish, the name is "José". In Arabic, including in the Quran, the name is spelled '' Yūsuf''. In Persian, the name is "Yousef". The name has enjoyed significant popularity in its many forms in numerous countries, and ''Joseph'' was one of the two names, along with ''Robert'', to have remained in the top 10 boys' names list in the US from 1925 to 1972. It is especially common in contemporary Israel, as either "Yossi" or "Yossef", and in Italy, where the name "Giuseppe" was the most common male name in the 20th century. In the first century CE, Joseph was the second most popular male name for Palestine Jews. In the Book of Genesis Joseph is Jacob's eleventh son and Rachel's first son, a ...
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Jus Soli
''Jus soli'' ( , , ; meaning "right of soil"), commonly referred to as birthright citizenship, is the right of anyone born in the territory of a state to nationality or citizenship. ''Jus soli'' was part of the English common law, in contrast to '' jus sanguinis'', which derives from the Roman law that influenced the civil-law systems of mainland Europe. ''Jus soli'' is the predominant rule in the Americas; explanations for this geographical phenomenon include: the establishment of lenient laws by past European colonial powers to entice immigrants from the Old World and displace native populations in the New World, along with the emergence of successful Latin American independence movements that widened the definition and granting of citizenship, as a prerequisite to the abolishment of slavery since the 19th century. Outside the Americas, however, ''jus soli'' is rare. Since the Twenty-seventh Amendment of the Constitution of Ireland was enacted in 2004, no European ...
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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 of federal law. It also has original jurisdiction over a narrow range of cases, specifically "all Cases affecting Ambassadors, other public Ministers and Consuls, and those in which a State shall be Party." The court holds the power of judicial review, the ability to invalidate a statute for violating a provision of the Constitution. It is also able to strike down presidential directives for violating either the Constitution or statutory law. However, it may act only within the context of a case in an area of law over which it has jurisdiction. The court may decide cases having political overtones, but has ruled that it does not have power to decide non-justiciable political questions. Established by Article Three of the United States C ...
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James Kent (jurist)
James Kent (July 31, 1763 – December 12, 1847), sometimes called the "American Blackstone", was an American jurist, New York legislator and legal scholar. His ''Commentaries on American Law'' (based on lectures first delivered at Columbia University, Columbia College in 1794, and further lectures in the 1820s) became the formative American law book in the antebellum era (published in 14 editions before 1896) and also helped establish the tradition of law reporting in America.Langbein, John H.Chancellor Kent and the History of Legal Literature(1993). Faculty Scholarship Series. Paper 549. p. 548 Early life Kent was born in what was then the town of Fredericksburg (the present-day towns of Patterson, New York, Patterson, Kent, New York, Kent, Carmel, New York, Carmel, Southeast, New York, Southeast and Pawling (town), New York, Pawling) in Dutchess County, New York. His father, Moss Kent, was a lawyer in that county, as well as the first New York Surrogate's Court, Surrogate of ...
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Edward Coke
Edward is an English given name. It is derived from the Anglo-Saxon name ''Ēadweard'', composed of the elements '' ēad'' "wealth, fortune; prosperous" and '' weard'' "guardian, protector”. History The name Edward was very popular in Anglo-Saxon England, but the rule of the Norman and Plantagenet dynasties had effectively ended its use amongst the upper classes. The popularity of the name was revived when Henry III named his firstborn son, the future Edward I, as part of his efforts to promote a cult around Edward the Confessor, for whom Henry had a deep admiration. Variant forms The name has been adopted in the Iberian peninsula since the 15th century, due to Edward, King of Portugal, whose mother was English. The Spanish/Portuguese forms of the name are Eduardo and Duarte. Other variant forms include French Édouard, Italian Edoardo and Odoardo, German, Dutch, Czech and Romanian Eduard and Scandinavian Edvard. Short forms include Ed, Eddy, Eddie, Ted, Teddy and Ned. ...
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Scotland
Scotland (, ) is a Countries of the United Kingdom, country that is part of the United Kingdom. Covering the northern third of the island of Great Britain, mainland Scotland has a Anglo-Scottish border, border with England to the southeast and is otherwise surrounded by the Atlantic Ocean to the north and west, the North Sea to the northeast and east, and the Irish Sea to the south. It also contains more than 790 Islands of Scotland, islands, principally in the archipelagos of the Hebrides and the Northern Isles. Most of the population, including the capital Edinburgh, is concentrated in the Central Belt—the plain between the Scottish Highlands and the Southern Uplands—in the Scottish Lowlands. Scotland is divided into 32 Subdivisions of Scotland, administrative subdivisions or local authorities, known as council areas. Glasgow, Glasgow City is the largest council area in terms of population, with Highland (council area), Highland being the largest in terms of area. Limi ...
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King James I
James VI and I (James Charles Stuart; 19 June 1566 – 27 March 1625) was King of Scotland as James VI from 24 July 1567 and King of England and Ireland as James I from the union of the Scottish and English crowns on 24 March 1603 until his death in 1625. The kingdoms of Scotland and England were individual sovereign states, with their own parliaments, judiciaries, and laws, though both were ruled by James in personal union. James was the son of Mary, Queen of Scots, and a great-great-grandson of Henry VII, King of England and Lord of Ireland, and thus a potential successor to all three thrones. He succeeded to the Scottish throne at the age of thirteen months, after his mother was compelled to abdicate in his favour. Four different regents governed during his minority, which ended officially in 1578, though he did not gain full control of his government until 1583. In 1603, he succeeded Elizabeth I, the last Tudor monarch of England and Ireland, who died childless. He ...
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Scotsmen
The Scots ( sco, Scots Fowk; gd, Albannaich) are an ethnic group and nation native to Scotland. Historically, they emerged in the early Middle Ages from an amalgamation of two Celtic-speaking peoples, the Picts and Gaels, who founded the Kingdom of Scotland (or '' Alba'') in the 9th century. In the following two centuries, the Celtic-speaking Cumbrians of Strathclyde and the Germanic-speaking Angles of north Northumbria became part of Scotland. In the High Middle Ages, during the 12th-century Davidian Revolution, small numbers of Norman nobles migrated to the Lowlands. In the 13th century, the Norse-Gaels of the Western Isles became part of Scotland, followed by the Norse of the Northern Isles in the 15th century. In modern usage, "Scottish people" or "Scots" refers to anyone whose linguistic, cultural, family ancestral or genetic origins are from Scotland. The Latin word ''Scoti'' originally referred to the Gaels, but came to describe all inhabitants of Scotland. ...
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