|
Taney Court
The Taney Court refers to the Supreme Court of the United States from 1836 to 1864, when Roger Taney served as the fifth Chief Justice of the United States. Taney succeeded John Marshall as Chief Justice after Marshall's death in 1835. Taney served as Chief Justice until his death in 1864, at which point Salmon P. Chase took office. Taney had been an important member of Andrew Jackson's administration, an advocate of Jacksonian democracy, and had played a major role in the Bank War, during which Taney wrote a memo questioning the Supreme Court's power of judicial review. However, the Taney Court did not strongly break from the decisions and precedents of the Marshall Court, as it continued to uphold a strong federal government with an independent judiciary. Most of the Taney Court's holdings are overshadowed by the decision in '' Dred Scott v. Sandford'', in which the court ruled that African-Americans could not be citizens. However, the Taney Court's decisions regarding economi ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Marshall Court
The Marshall Court refers to the Supreme Court of the United States from 1801 to 1835, when John Marshall served as the fourth Chief Justice of the United States. Marshall served as Chief Justice until his death, at which point Roger Taney took office. The Marshall Court played a major role in increasing the power of the judicial branch, as well as the power of the national government. Membership The Marshall Court began in 1801, when President John Adams appointed Secretary of State John Marshall to replace the retiring Oliver Ellsworth. Marshall was nominated after former Chief Justice John Jay refused the position; many in Adams's party advocated the elevation of Associate Justice William Paterson, but Adams refused to nominate someone close to his intra-party rival, Alexander Hamilton. The Marshall Court began with Marshall and five Associate Justices from the Ellsworth Court: William Cushing, William Paterson, Samuel Chase, Bushrod Washington, and Alfred Moore. Presid ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Holding (law)
A holding is a court's determination of a matter of law based on the issue presented in the particular case. In other words: under ''this'' law, with ''these'' facts, ''this'' is the result. It is the same as a 'decision' made by the judge; however "decision" can also refer to the judge's entire opinion, containing, for example, a discussion of facts, issues, and law as well as the holding. The ''holding'' is the "legal principle to be drawn from the opinion (decision) of the court". Appellate review "The word 'holding' is indefinite and may refer to a trial ruling of the court upon evidence or other questions presented during the trial. Of course, no oral statement made by the court at the close of a trial, nor any written memorandum opinion filed, may be assigned as error on appeal, as the final decision in a law action is the judgment signed, based upon the court's findings of fact and conclusions of law."''Edward L. Eyre & Co. v. Hirsch'', 36 Wn.2d 439, 446 (1950) See al ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Martin Van Buren
Martin Van Buren ( ; ; December 5, 1782 – July 24, 1862) was the eighth president of the United States, serving from 1837 to 1841. A primary founder of the Democratic Party (United States), Democratic Party, he served as Attorney General of New York, New York's attorney general and United States Senator, U.S. senator, then briefly as the ninth governor of New York before joining Andrew Jackson's administration as the tenth United States secretary of state, minister to the United Kingdom of Great Britain and Ireland, United Kingdom, and ultimately the eighth vice president of the United States, vice president from 1833 to 1837, after being elected on Jackson's ticket in 1832 United States presidential election, 1832. Van Buren won the presidency in 1836 United States presidential election, 1836 against divided Whig opponents. He lost re-election in 1840 United States presidential election, 1840, and failed to win the Democratic nomination in 1844 United States presidential el ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
John Catron
John Catron (January 7, 1786 – May 30, 1865) was an American jurist who served as an associate justice of the Supreme Court of the United States from 1837 to 1865, during the Taney Court. Early and family life Little is known of Catron's early life, other than that all of his grandparents emigrated from Germany to Virginia, as part of the extensive emigration of Swiss and Germans from Hesse and the Palatinate due to wars, and economic and religious insecurity in the area. His father, Peter (Catron) Kettering, immigrated as a child with his parents from Mittelbrun in the German Palatinate and settled in Montgomery County (later Wythe County), Virginia. His mother, Maria Elizabetha Houck, was the daughter of immigrants from the Palatinate who settled in Virginia by way of Pennsylvania. Catron's only sibling, Mary, married Thomas Swift and eventually moved west to Missouri and then Oregon. He was also a second cousin of Thomas Benton Catron, one of New Mexico's first U.S. ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
James Moore Wayne
James Moore Wayne (1790 – July 5, 1867) was an American attorney, judge and politician who served as an associate justice of the Supreme Court of the United States from 1835 to 1867. He previously served as the sixteenth mayor of Savannah, Georgia, from 1817 to 1819 and the member of the United States House of Representatives for Georgia's at-large congressional district from 1829 to 1835, when he was appointed to the Supreme Court by President Andrew Jackson. He was a member of the Democratic Party. Early life Wayne was born in Savannah, Georgia, in 1790. He was the son of Richard Wayne, who came to America in 1760, and married Elizabeth (née Clifford) Wayne on September 14, 1769. James' mother died in 1804 when James was fourteen years old. His sister Mary Wayne, wife of Richard Stites, was the great-grandmother of Juliette Gordon Low, the founder of the Girl Scouts of the USA. She was also the 2nd great-grandmother of governor Endicott Peabody. After completing ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Henry Baldwin (judge)
Henry Baldwin (January 14, 1780 – April 21, 1844) was an Associate Justice of the Supreme Court of the United States from January 6, 1830, to April 21, 1844. Early life and education Baldwin descended from an aristocratic British family dating back to the 17th century. He was born in New Haven, Connecticut, the son of Michael Baldwin and Theodora Walcott. He was the half-brother of Abraham Baldwin. He attended Hopkins School, and received a B.A. at age 17 from Yale College in 1797, where he was also a member of Brothers in Unity. He also attended Litchfield Law School and read law in 1798. Baldwin then moved to Pittsburgh and established a successful law practice. He invested in iron furnaces north of the city, which prompted a move to Crawford County, Pennsylvania, of which he was elected the newly formed jurisdiction's first district attorney and served from 1799 to 1801. He was also the publisher of ''The Tree of Liberty'', a Democratic-Republican newspaper. ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
John McLean
John McLean (March 11, 1785 – April 4, 1861) was an American jurist and politician who served in the United States Congress, as U.S. Postmaster General, and as a justice of the Ohio and United States Supreme Courts. He was often discussed for the Whig Party nominations for president, and is also one of the few people who served in all three branches of government. Born in New Jersey, McLean lived in several frontier towns before settling in Ridgeville, Ohio. He founded '' The Western Star'', a weekly newspaper, and established a law practice. He won election to the United States House of Representatives, serving from 1813 until his election to the Ohio Supreme Court in 1816. He resigned from that position to accept appointment to the administration of President James Monroe, becoming the United States Postmaster General in 1823. Under Monroe and President John Quincy Adams, McLean presided over a major expansion of the United States Postal Service. In 1829, President ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Smith Thompson
Smith Thompson (January 17, 1768 – December 18, 1843) was a US Secretary of the Navy from 1819 to 1823 and a US Supreme Court Associate Justice from 1823 to his death. Early life and the law Born in Amenia, New York, Thompson graduated from Princeton University (then known as the College of New Jersey) in 1788, taught for a short period thereafter, then studied law under James Kent and subsequently set up a law practice. He practiced in Troy, New York from 1792 to 1793, and in Poughkeepsie, New York from 1793 to 1802. Smith Thompson's father Ezra Thompson (1738–1816) and grandfather Samuel Thompson (1696–1768) were part of a family group that moved from New Haven, Connecticut to Dutchess County, New York by the time of the Revolution. His father's first cousins Israel Thompson and Jesse Thompson were both prominent citizens who served multiple terms in the New York State Assembly. Politics and the court Smith Thompson was elected to the New York State Assemb ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Joseph Story
Joseph Story (September18, 1779September10, 1845) was an American lawyer, jurist, and politician who served as an associate justice of the Supreme Court of the United States from 1812 to 1845. He is most remembered for his opinions in ''Martin v. Hunter's Lessee'' and ''United States v. The Amistad'', and especially for his ''Commentaries on the Constitution of the United States'', first published in 1833. Dominating the field in the 19th century, this work is a cornerstone of early American jurisprudence. It is the second comprehensive Legal treatise, treatise on the provisions of the U.S. Constitution and remains a critical source of historical information about the forming of the American republic and the early struggles to define its law. Story opposed Jacksonian democracy, saying it was "oppression" of property rights by republican governments when popular majorities began in the 1830s to restrict and erode the property rights of the minority of rich men. R. Kent Newmyer pr ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Philip P
Philip, also Phillip, is a male name derived from the Greek (''Philippos'', lit. "horse-loving" or "fond of horses"), from a compound of (''philos'', "dear", "loved", "loving") and (''hippos'', "horse"). Prominent Philips who popularized the name include kings of Macedonia and one of the apostles of early Christianity. ''Philip'' has many alternative spellings. One derivation often used as a surname is Phillips. The original Greek spelling includes two Ps as seen in Philippides and Philippos, which is possible due to the Greek endings following the two Ps. To end a word with such a double consonant—in Greek or in English—would, however, be incorrect. It has many diminutive (or even hypocoristic) forms including Phil, Philly, Phillie, Lip, and Pip. There are also feminine forms such as Philippine and Philippa. Philip in other languages * Afrikaans: Filip * Albanian: Filip * Amharic: ፊሊጶስ (Filip'os) * Arabic: فيلبس (Fīlibus), فيليبوس (Fīlībū ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Gabriel Duvall
Gabriel Duvall (December 6, 1752 – March 6, 1844) was an American politician and jurist. Duvall was an Associate Justice of the Supreme Court of the United States from 1811 to 1835, during the Marshall Court. Previously, Duvall was the Comptroller of the Treasury, a Maryland state court judge, a member of the U.S. House of Representatives from Maryland, and a Maryland state legislator. Whether Duvall is deserving of the title of "the most insignificant" justice in the history of the U.S. Supreme Court has been the subject of much academic interest, most notably a debate between University of Chicago Law Professors David P. Currie and (now-Judge) Frank H. Easterbrook in 1983. Currie argued that "impartial examination of Duvall's performance reveals to even the uninitiated observer that he achieved an enviable standard of insignificance against which all other justices must be measured." Easterbrook responded that Currie's analysis lacked "serious consideration of candid ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Separation Of Powers
The separation of powers principle functionally differentiates several types of state (polity), state power (usually Legislature#Legislation, law-making, adjudication, and Executive (government)#Function, execution) and requires these operations of government to be conceptually and institutionally distinguishable and articulated, thereby maintaining the integrity of each. To put this model into practice, government is divided into structurally independent branches to perform various functions (most often a legislature, a judiciary and an administration, sometimes known as the ). When each function is allocated strictly to one branch, a government is described as having a high degree of separation; whereas, when one person or branch plays a significant part in the exercise of more than one function, this represents a fusion of powers. History Antiquity Polybius (''Histories'', Book 6, 11–13) described the Roman Republic as a mixed government ruled by the Roman Senate, ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
