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Marbury V. Madison
''Marbury v. Madison'', 5 U.S. (1 Cranch) 137 (1803), was a landmark decision of the U.S. Supreme Court that established the principle of judicial review, meaning that American courts have the power to strike down laws and statutes they find to violate the Constitution of the United States. Decided in 1803, ''Marbury'' is regarded as the single most important decision in American constitutional law. It established that the U.S. Constitution is actual law, not just a statement of political principles and ideals. It also helped define the boundary between the constitutionally separate executive and judicial branches of the federal government. The case originated in early 1801 and stemmed from the rivalry between outgoing President John Adams and incoming President Thomas Jefferson. Adams, a member of the Federalist Party, had lost the U.S. presidential election of 1800 to Jefferson, who led the Democratic-Republican Party. In March 1801, just two days before his term as presi ...
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William Marbury
William Marbury (November 7, 1762 – March 13, 1835) was an American businessman and one of the " Midnight Judges" appointed by United States President John Adams the day before he left office. He was then the plaintiff in the landmark 1803 Supreme Court case ''Marbury v. Madison''. Background Marbury, son of William and Martha (Marlowe) Marbury, was born November 7, 1762, in Piscataway, Maryland. He spent most of his early life in Maryland around his home. Career Marbury became a Georgetown businessman and member of the Federalist Party. In an effort to prevent the incoming party from dismantling his Federalist Party-dominated government, Adams issued 42 judicial appointments, including Marbury's as Justice of the Peace in the District of Columbia, on March 3, 1801, the day before he turned his office over to incoming President Thomas Jefferson. Marbury had actively campaigned for Adams (and against Jefferson) in the presidential election of 1800. Jefferson refused to hono ...
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Maryland
Maryland ( ) is a U.S. state, state in the Mid-Atlantic (United States), Mid-Atlantic region of the United States. It borders the states of Virginia to its south, West Virginia to its west, Pennsylvania to its north, and Delaware to its east, as well as with the Atlantic Ocean to its east, and the national capital and federal district of Washington, D.C. to the southwest. With a total area of , Maryland is the List of U.S. states and territories by area, ninth-smallest state by land area, and its population of 6,177,224 ranks it the List of U.S. states and territories by population, 18th-most populous state and the List of states and territories of the United States by population density, fifth-most densely populated. Maryland's capital city is Annapolis, Maryland, Annapolis, and the state's most populous city is Baltimore. Maryland's coastline was first explored by Europeans in the 16th century. Prior to that, it was inhabited by several Native Americans in the United States ...
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Midnight Judges Act
The Midnight Judges Act (also known as the Judiciary Act of 1801; , and officially An act to provide for the more convenient organization of the Courts of the United States) expanded the federal judiciary of the United States. The act was supported by the John Adams administration and the Federalist Party. Passage of the act has been described as "the last major policy achievement of the Federalists." Opponents of the act argued that there was no need to expand the federal judiciary; that the judicial appointments were intended to cement Federalist Party control of the judiciary; and that appointments were rushed (hence they were stigmatized as "midnight appointments"). The act was repealed by the incoming Thomas Jefferson administration. It represented an effort to solve an issue in the U.S. Supreme Court during the early 19th century. There was concern, beginning in 1789, about the system that required the justices of the Supreme Court to "ride circuit" and reiterate decisio ...
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Twentieth Amendment To The United States Constitution
The Twentieth Amendment (Amendment XX) to the United States Constitution moved the beginning and ending of the terms of the president and vice president from March4 to January 20, and of members of Congress from March4 to January 3. It also has provisions that determine what is to be done when there is no president-elect. The Twentieth Amendment was adopted on January 23, 1933. The amendment reduced the presidential transition and the " lame duck" period, by which members of Congress and the president serve the remainder of their terms after an election. The amendment established congressional terms to begin before presidential terms and that the incoming Congress, rather than the outgoing one, would hold a contingent election if the Electoral College deadlocked regarding either the presidential or vice presidential elections. Text Historical background Original text of the Constitution Article I, Section 4, Clause2 of the Constitution states that Congress must meet at ...
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United States Electoral College
In the United States, the Electoral College is the group of presidential electors that is formed every four years for the sole purpose of voting for the President of the United States, president and Vice President of the United States, vice president in the United States presidential election, presidential election. This process is described in Article Two of the United States Constitution, Article Two of the Constitution. The number of electors from each U.S. state, state is equal to that state's United States congressional apportionment, congressional delegation which is the number of List of current United States senators, senators (two) plus the number of US Representatives, Representatives for that state. Each state Article II of the United States Constitution#Clause 2: Method of choosing electors, appoints electors using legal procedures determined by its State legislature (United States), legislature. Federal government of the United States, Federal office holders, inclu ...
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Kingdom Of Great Britain
Great Britain, also known as the Kingdom of Great Britain, was a sovereign state in Western Europe from 1707 to the end of 1800. The state was created by the 1706 Treaty of Union and ratified by the Acts of Union 1707, which united the Kingdom of England (including Wales) and the Kingdom of Scotland to form a single kingdom encompassing the whole island of Great Britain and its outlying islands, with the exception of the Isle of Man and the Channel Islands. The unitary state was governed by a single Parliament of Great Britain, parliament at the Palace of Westminster, but distinct legal systems—English law and Scots law—remained in use, as did distinct educational systems and religious institutions, namely the Church of England and the Church of Scotland remaining as the national churches of England and Scotland respectively. The formerly separate kingdoms had been in personal union since the Union of the Crowns in 1603 when James VI of Scotland became King of England an ...
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Alien And Sedition Acts
The Alien and Sedition Acts of 1798 were a set of four United States statutes that sought, on national security grounds, to restrict immigration and limit 1st Amendment protections for freedom of speech. They were endorsed by the Federalist Party of President John Adams as a response to a developing dispute with the French Republic and to related fears of domestic political subversion. The prosecution of journalists under the Sedition Act rallied public support for the opposition Democratic-Republicans, and contributed to their success in the elections of 1800. Under the new administration of Thomas Jefferson, only the Alien Enemies Act, granting the president powers of detention and deportation of foreigners in wartime or in face of a threatened invasion, remained in force. After 1800, and up until the second presidency of Donald Trump, the surviving Alien Enemies Act was invoked three times, in each case during the course of a declared war: the War of 1812, and the Firs ...
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Alexander Hamilton
Alexander Hamilton (January 11, 1755 or 1757July 12, 1804) was an American military officer, statesman, and Founding Fathers of the United States, Founding Father who served as the first U.S. secretary of the treasury from 1789 to 1795 during the Presidency of George Washington, presidency of George Washington, the first president of the United States. Born out of wedlock in Charlestown, Nevis, Hamilton was orphaned as a child and taken in by a prosperous merchant. He was given a scholarship and pursued his education at Columbia College, Columbia University, King's College (now Columbia University) in New York City where, despite his young age, he was an anonymous but prolific and widely read pamphleteer and advocate for the American Revolution. He then served as an artillery officer in the American Revolutionary War, where he saw military action against the British Army during the American Revolutionary War, British Army in the New York and New Jersey campaign, served for ...
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Aaron Burr
Aaron Burr Jr. (February 6, 1756 – September 14, 1836) was an American politician, businessman, lawyer, and Founding Fathers of the United States, Founding Father who served as the third vice president of the United States from 1801 to 1805 during Thomas Jefferson's Presidency of Thomas Jefferson, first presidential term. He founded the Manhattan Company on September 1, 1799. His personal and political conflict with Alexander Hamilton culminated in the Burr–Hamilton duel where Burr mortally wounded Hamilton. Burr was indicted for dueling, but all charges against him were dropped. The controversy ended his political career. Burr was born to a prominent family in what was then the Province of New Jersey. After studying theology at Princeton University, he began his career as a lawyer before joining the Continental Army as an officer in the American Revolutionary War in 1775. After leaving military service in 1779, Burr practiced law in New York City, where he became a leading ...
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Chief Justice Of The United States
The chief justice of the United States is the chief judge of the Supreme Court of the United States and is the highest-ranking officer of the U.S. federal judiciary. Appointments Clause, Article II, Section 2, Clause 2 of the U.S. Constitution grants plenary power to the president of the United States to nominate, and, with the advice and consent of the United States Senate, appoint "Judges of the Supreme Court", who serve until they die, resign, retire, or are Federal impeachment in the United States, impeached and convicted. The existence of a chief justice is only explicit in Article One of the United States Constitution#Clause 6: Trial of Impeachment, Article I, Section 3, Clause 6 which states that the chief justice shall preside over the Federal impeachment trial in the United States, impeachment trial of the president; this has occurred three times, for Andrew Johnson, Bill Clinton, and for Donald Trump's first impeachment. The chief justice has significant influence in th ...
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Mandamus
A writ of (; ) is a judicial remedy in the English and American common law system consisting of a court order that commands a government official or entity to perform an act it is legally required to perform as part of its official duties, or to refrain from performing an act the law forbids it from doing. Writs of mandamus are usually used in situations where a government official has failed to act as legally required or has taken a legally prohibited action. Decisions that fall within the discretionary power of public officials cannot be controlled by the writ. For example, mandamus can not force a lower court to take a specific action on applications that have been made. However, if the court refuses to rule at all, then mandamus can be used to order the court to rule on the applications. Mandamus may be a command to take or not take a particular action, and it is supplemented by legal rights. In the American legal system it must be a judicially enforceable and legally pr ...
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