Evolving Standards Of Decency
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Evolving Standards Of Decency
''Trop v. Dulles'', 356 U.S. 86 (1958), was a United States Supreme Court case in which the Court ruled that it was unconstitutional to revoke citizenship as a punishment for a crime. The ruling's reference to "evolving standards of decency" is frequently cited in Eighth Amendment jurisprudence. Albert Trop was a natural born citizen of the United States who, while serving as a private in the United States Army in 1944, escaped from an Army stockade in Casablanca, Morocco. The next day, he willingly surrendered to an army officer and was taken back to the base, where he was subsequently court-martialed, convicted of desertion, and sentenced to three years at hard labor, forfeiture of pay, and a dishonorable discharge. In 1952, Trop applied for a US passport, which was denied because §401(g) of the Nationality Act of 1940 provided that members of the armed forces of the United States who were convicted and dishonorably discharged for wartime desertion would lose their citizensh ...
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John Foster Dulles
John Foster Dulles (February 25, 1888 – May 24, 1959) was an American politician, lawyer, and diplomat who served as United States secretary of state under President Dwight D. Eisenhower from 1953 until his resignation in 1959. A member of the Republican Party (United States), Republican Party, he was briefly a U.S. senator from New York in 1949. Dulles was a significant figure in the early Cold War era, who advocated an aggressive stance against communism throughout the world. Born in Washington, D.C., Dulles joined the leading New York law firm of Sullivan & Cromwell after graduating from George Washington University Law School. His grandfather, John W. Foster, and his uncle, Robert Lansing, both served as U.S. secretary of state, while his brother, Allen Dulles, served as the director of central intelligence from 1953 to 1961. Dulles served on the War Industries Board during World War I and he was a U.S. legal counsel at the 1919 Paris Peace Conference. He became a member of ...
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Nationality Act Of 1940
The Nationality Act of 1940 (H.R. 9980; Pub.L. 76-853; 54 Stat. 1137) revised numerous provisions of law relating to American citizenship and naturalization. It was enacted by the 76th Congress of the United States and signed into law on October 14, 1940, a year after World War II had begun in Europe, but before the U.S. entered the war. The law revised "the existing nationality laws of the U.S. into a more complete nationality code"; it defined those persons who were "eligible for citizenship through birth or naturalization" and clarified "the status of individuals and their children born or residing in the continental U.S., its territories such as Alaska, Hawaii, Puerto Rico, the Virgin Islands, the Philippines, Panama and the Canal Zone, or abroad." The law furthermore defined who was not eligible for citizenship, and how citizenship could be lost or terminated. This legislation represents the first attempt ever made, since the founding of the United States, to codify and u ...
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Felix Frankfurter
Felix Frankfurter (November 15, 1882 – February 22, 1965) was an American jurist who served as an Associate Justice of the Supreme Court of the United States from 1939 until 1962, advocating judicial restraint. Born in Vienna, Frankfurter immigrated with his family to New York City at age 12. He graduated from Harvard Law School and worked for Henry L. Stimson, the U.S. Secretary of War. Frankfurter served as Judge Advocate General during World War I. Afterward, he returned to Harvard and helped found the American Civil Liberties Union. He later became a friend and adviser of President Franklin D. Roosevelt. After Benjamin N. Cardozo died in 1938, Roosevelt nominated Frankfurter to the Supreme Court. Given his affiliations and alleged radicalism, the Senate confirmed Frankfurter's appointment only after its Judiciary Committee required him to testify in 1939, a practice that became routine in the 1950s. His relations with colleagues were strained by ideological and perso ...
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Earl Warren
Earl Warren (March 19, 1891 – July 9, 1974) was an American attorney and politician who served as the 30th governor of California from 1943 to 1953 and as the 14th Chief Justice of the United States from 1953 to 1969. The Warren Court presided over a major shift in American constitutional jurisprudence, which has been recognized by many as a " Constitutional Revolution" in the liberal direction, with Warren writing the majority opinions in landmark cases such as ''Brown v. Board of Education'' (1954), '' Reynolds v. Sims'' (1964), '' Miranda v. Arizona'' (1966), and '' Loving v. Virginia'' (1967). Warren also led the Warren Commission, a presidential commission that investigated the 1963 assassination of President John F. Kennedy. He served as Governor of California from 1943 to 1953, and is the last chief justice to have served in an elected office before nomination to the Supreme Court. Warren is generally considered to be one of the most influential Supreme Court justic ...
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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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Osmond K
Osmond or Osmonds may refer to: People * Osmond (surname) * Osmund, a list of people with the given name Osmond or Osmund Arts and entertainment * Gilbert Osmond, in the novel ''The Portrait of a Lady'', by Henry James * Osmond Bates, in ''Sahara'', a war movie, and the 1995 remake * The Osmonds, an American family music group ** ''Osmonds'' (album), their third album ** ''The Osmonds'' (TV series), a 1972 cartoon series starring the Osmonds ** ''The Osmonds'' (musical), a 2022 stage musical based on the family ** Osmond Studios, a television production studio in Utah used by the Osmonds Places * Osmond, Nebraska, United States, a city * Osmond, Wyoming, United States, a census-designated place * Osmond, Newfoundland and Labrador, Canada See also * Osmond process, a way to make wrought iron starting around the 13th century * Åsmund (other) * Osmund (other) Osmund (Latin ''Osmundus'') is a Germanic name composed of the word ''Os'' meaning "god" and ''mund'' ...
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Writ Of Certiorari
In law, ''certiorari'' is a court process to seek judicial review of a decision of a lower court or government agency. ''Certiorari'' comes from the name of a prerogative writ in England, issued by a superior court to direct that the record of the lower court be sent to the superior court for review. Derived from the English common law, ''certiorari'' is prevalent in countries using, or influenced by, the common law''.'' It has evolved in the legal system of each nation, as court decisions and statutory amendments are made. In modern law, ''certiorari'' is recognized in many jurisdictions, including England and Wales (now called a "quashing order"), Canada, India, Ireland, the Philippines and the United States. With the expansion of administrative law in the 19th and 20th centuries, the writ of ''certiorari'' has gained broader use in many countries, to review the decisions of administrative bodies as well as lower courts. Etymology The term ''certiorari'' (US English: , , o ...
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United States Court Of Appeals For The Second Circuit
The United States Court of Appeals for the Second Circuit (in case citations, 2d Cir.) is one of the thirteen United States Courts of Appeals. Its territory covers the states of Connecticut, New York (state), New York, and Vermont, and it has appellate jurisdiction over the United States district court, U.S. district courts in the following United States federal judicial district, federal judicial districts: * United States District Court for the District of Connecticut, District of Connecticut * United States District Court for the Eastern District of New York, Eastern District of New York * United States District Court for the Northern District of New York, Northern District of New York * United States District Court for the Southern District of New York, Southern District of New York * United States District Court for the Western District of New York, Western District of New York * United States District Court for the District of Vermont, District of Vermont The Second Circui ...
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US District Court
The United States district courts are the trial courts of the U.S. federal judiciary. There is one district court for each federal judicial district. Each district covers one U.S. state or a portion of a state. There is at least one federal courthouse in each district, and many districts have more than one. District court decisions are appealed to the U.S. court of appeals for the circuit in which they reside, except for certain specialized cases that are appealed to the U.S. Court of Appeals for the Federal Circuit or directly to the U.S. Supreme Court. District courts are courts of law, equity, and admiralty, and can hear both civil and criminal cases. But unlike U.S. state courts, federal district courts are courts of limited jurisdiction, and can only hear cases that involve disputes between residents of different states, questions of federal law, or federal crimes. Legal basis Unlike the U.S. Supreme Court, which was expressly established by Article III of t ...
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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 ...
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US Federal Courts
The federal judiciary of the United States is one of the three branches of the federal government of the United States organized under the United States Constitution and laws of the federal government. The U.S. federal judiciary consists primarily of the U.S. Supreme Court, the U.S. Courts of Appeals, and the U.S. District Courts. It also includes a variety of other lesser federal tribunals. Article III of the Constitution requires the establishment of a Supreme Court and permits the Congress to create other federal courts and place limitations on their jurisdiction. Article III states that federal judges are appointed by the president with the consent of the Senate to serve until they resign, are impeached and convicted, or die. Courts All federal courts can be readily identified by the words "United States" (abbreviated to "U.S.") in their official names; no state court may include this designation as part of its name. The federal courts are generally divided between tri ...
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