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Shelby County V. Holder
''Shelby County v. Holder'', 570 U.S. 529 (2013), is a landmark decision of the Supreme Court of the United States regarding the constitutionality of two provisions of the Voting Rights Act of 1965: Section 5, which requires certain states and local governments to obtain federal preclearance before implementing any changes to their voting laws or practices; and subsection (b) of Section 4, which contains the coverage formula that determines which jurisdictions are subject to preclearance based on their histories of racial discrimination in voting.. On June 25, 2013, the Court ruled by a 5 to 4 vote that Section 4(b) was unconstitutional because the coverage formula was based on data over 40 years old, making it no longer responsive to current needs and therefore an impermissible burden on the constitutional principles of federalism and equal sovereignty of the states. The Court did not strike down Section 5, but without Section 4(b), no jurisdiction will be subject to Section 5 ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Shelby County, Alabama
Shelby County is a County (United States), county located in the Central Alabama, central portion of the U.S. state of Alabama. As of the 2020 United States census, 2020 census the population was 223,024, making it the List of counties in Alabama, sixth-most populous county in Alabama. The county seat is Columbiana, Alabama, Columbiana. Its largest city is Alabaster, Alabama, Alabaster. The county is named in honor of Isaac Shelby, Governor of Kentucky from 1792 to 1796 and again from 1812 to 1816. Shelby County is included in the Birmingham, Alabama, Birmingham, AL Birmingham metropolitan area, Alabama, Metropolitan Statistical Area. History Shelby County was established on February 7, 1818, and it was named for the Revolutionary War hero and the first Governor of Kentucky, Isaac Shelby. Beginning in 1820, the first county seat was located at Shelbyville. This long defunct settlement was located within the modern city limits of Pelham, Alabama, Pelham. The first courthouse wa ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Congressional Power Of Enforcement
A Congressional power of enforcement is included in a number of amendments to the United States Constitution. The language "''The Congress shall have power to enforce this article by appropriate legislation''" is used, with slight variations, in Amendments XIII, XIV, XV, XIX, XXIII, XXIV, and XXVI. The variations in the pertinent language are as follows: * The Fourteenth Amendment states "The Congress shall have power to enforce, by appropriate legislation, the provisions of this article." * The Eighteenth Amendment states "The Congress and the several States shall have concurrent power to enforce this article by appropriate legislation." Initial creation and use These provisions made their first appearance in the Thirteenth, Fourteenth and Fifteenth Amendments, which were adopted during the Reconstruction period primarily to abolish slavery and protect the rights of the newly emancipated African-Americans. The enforcement provisions contained in these amendments ext ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Kristen Clarke
Kristen M. Clarke (born 1975) is an American attorney who served as the assistant attorney general for the Civil Rights Division at the United States Department of Justice from 2021 to 2025. Clarke previously served as president of the Lawyers' Committee for Civil Rights Under Law. She also managed the Civil Rights Bureau of the New York State Attorney General's Office under Eric Schneiderman. In 2021, President-elect Joe Biden selected Clarke to head the U.S. Department of Justice Civil Rights Division. The U.S. Senate confirmed her nomination on May 25, 2021, by a vote of 51 to 48. Clarke made history as the first woman confirmed to lead the Civil Rights Division. Early life and education Clarke's parents immigrated to Brooklyn from Jamaica. She has said that she "grew up in a household that was about discipline, working hard in school and about making the most of every opportunity". Clarke was a member of Prep for Prep, a non-profit organization that looks to support stud ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
John D
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 ), regarded as a prophet and the forerunner of Jesus Christ * John the Apostle (died ), one of the twelve apostles of Jesus Christ * 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 Jo ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Injunction
An injunction is an equitable remedy in the form of a special court order compelling a party to do or refrain from doing certain acts. It was developed by the English courts of equity but its origins go back to Roman law and the equitable remedy of the "interdict". "When a court employs the extraordinary remedy of injunction, it directs the conduct of a party, and does so with the backing of its full coercive powers."'' Nken v. Holder''556 U.S. 418, 428 (2009) (citation and internal quotation marks omitted). A party that fails to comply with an injunction faces criminal or civil penalties, including possible monetary sanctions and even imprisonment. They can also be charged with contempt of court. Rationale The injunction is an equitable remedy that was created by the English courts of equity. Like other equitable remedies, it has traditionally been given when a wrong cannot be effectively remedied by an award of money damages. (The doctrine that reflects this is the req ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Facial Challenge
In U.S. constitutional law, a facial challenge is a challenge to a statute in which the plaintiff alleges that the legislation is always unconstitutional, and therefore void. It is contrasted with an as-applied challenge, which alleges that a particular application of a statute is unconstitutional. If a facial challenge is successful, a court will declare the statute in question facially invalid, which has the effect of striking it down entirely. This contrasts with a successful as-applied challenge, which will result in a court narrowing the circumstances in which the statute may constitutionally be applied without striking it down. In some cases—e.g., ''Gonzales v. Carhart'' or '' Crawford v. Marion County Election Board'', a facial challenge has been rejected with either the court or concurring Justices intimating that the upheld statute might be vulnerable to an as-applied challenge. In First Amendment cases, another type of facial challenge is enunciated in the overbreadth ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Declaratory Judgment
A declaratory judgment, also called a declaration, is the legal determination of a court that resolves legal uncertainty for the litigants. It is a form of legally binding preventive by which a party involved in an actual or possible legal matter can ask a court to conclusively rule on and affirm the rights, duties, or obligations of one or more parties in a civil dispute (subject to any appeal). The declaratory judgment is generally considered a statutory remedy and not an equitable remedy in the United States, and is thus not subject to equitable requirements, though there are analogies that can be found in the remedies granted by courts of equity.''Samuels v. Mackell'', 401 U.S. 66, 70 (1971) (“Although the declaratory judgment sought by the plaintiffs was a statutory remedy rather than a traditional form of equitable relief, the Court made clear that a suit for declaratory judgment was nevertheless ‘essentially an equitable cause of action,’ and was ‘analogous to ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Alabama
Alabama ( ) is a U.S. state, state in the Southeastern United States, Southeastern and Deep South, Deep Southern regions of the United States. It borders Tennessee to the north, Georgia (U.S. state), Georgia to the east, Florida and the Gulf of Mexico to the south, and Mississippi to the west. Alabama is the List of U.S. states and territories by area, 30th largest by area, and the List of U.S. states and territories by population, 24th-most populous of the List of states and territories of the United States, 50 U.S. states. Alabama is nicknamed the ''Northern flicker, Yellowhammer State'', after the List of U.S. state birds, state bird. Alabama is also known as the "Heart of Dixie" and the "Cotton State". The state has diverse geography, with the north dominated by the mountainous Tennessee Valley and the south by Mobile Bay, a historically significant port. Alabama's capital is Montgomery, Alabama, Montgomery, and its largest city by population and area is Huntsville, Ala ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Jurisdictions Coverd By Section 5 (2013)
Jurisdiction (from Latin 'law' and 'speech' or 'declaration') is the legal term for the legal authority granted to a legal entity to enact justice. In federations like the United States, the concept of jurisdiction applies at multiple levels (e.g., local, state, and federal). Jurisdiction draws its substance from international law, conflict of laws, constitutional law, and the powers of the executive and legislative branches of government to allocate resources to best serve the needs of society. International dimension Generally, international laws and treaties provide agreements which nations agree to be bound to. Such agreements are not always established or maintained. Extraterritorial jurisdiction is exercised through three principles outlined in the UN charter. These are equality of states, territorial sovereignty and non-intervention. This raises questions of when can many states prescribe or enforce jurisdiction. The ''Lotus'' case establishes two key rules to the p ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Clarence Thomas
Clarence Thomas (born June 23, 1948) is an American lawyer and jurist who has served since 1991 as an associate justice of the Supreme Court of the United States. President George H. W. Bush nominated him to succeed Thurgood Marshall. After Marshall, Thomas is the second African American to serve on the U.S. Supreme Court and has been its longest-serving member since Anthony Kennedy's retirement in 2018. He has also been the Court's oldest member since Stephen Breyer retired in 2022. Thomas was born in Pin Point, Georgia. After his father abandoned the family, he was raised by his grandfather in a poor Gullah community near Savannah, Georgia. Growing up as a devout Catholic, Thomas originally intended to be a priest in the Catholic Church but became dissatisfied with its efforts to combat racism and abandoned his aspiration to join the clergy. He graduated with honors from the College of the Holy Cross in 1971 and earned his Juris Doctor in 1974 from Yale Law School. ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Constitutional Avoidance
Constitutional avoidance is a legal doctrine of judicial review in United States constitutional law that dictates that United States federal courts should refuse to rule on a constitutional issue if the case can be resolved without involving constitutionality. In '' Ashwander v. Tennessee Valley Authority'' (1936), the Supreme Court of the United States established a seven-rule test for the justiciability of controversies presenting constitutional questions: # Collusive lawsuit rule: The Court will not uleupon the constitutionality of legislation in a friendly, nonadversary, proceeding, declining because to decide such questions "is legitimate only in the last resort, and as a necessity in the determination of real, earnest and vital controversy between individuals. It never was the thought that, by means of a friendly suit, a party beaten in the legislature could transfer to the courts an inquiry as to the constitutionality of the legislative act." # Ripeness: The Court will n ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
