6. Civil war and suspension

2021 ◽  
pp. 52-61
Author(s):  
Amanda L. Tyler
Keyword(s):  
United States ◽  
Civil War ◽  
Separation Of Powers ◽  
The United States ◽  
Us Congress ◽  
The North ◽  
Critical Areas ◽  
The Supreme Court ◽  
The Us ◽  
The Government

This chapter details the American Civil War and President Abraham Lincoln’s role in acting quickly—and controversially—to protect critical areas in the North by claiming the unilateral power to suspend habeas. As is explored in the chapter, Lincoln proclaimed suspensions on his own and without congressional approval for some two years until the US Congress finally enacted suspension legislation. Along the way, Lincoln’s actions provoked a rebuke from the Chief Justice of the United States in Ex parte Merryman and raised important separation of powers questions. The chapter also explores how after the war, the Supreme Court held in Ex parte Milligan that the laws of war could not be applied to “citizens in states which have upheld the authority of the government, and where the courts are open and their process unobstructed.” Finally, the chapter discusses the precedent established by Lincoln’s actions.

US-Mexico Free Trade: Implications for the United States

1992 ◽  
Vol 34 (2) ◽  
pp. 29-52 ◽  
Author(s):  
Sidney Weintraub
Keyword(s):  
United States ◽  
Free Trade ◽  
Free Trade Agreement ◽  
Trade Agreement ◽  
The United States ◽  
Us Congress ◽  
The North ◽  
The Us ◽  
The Moment ◽  
Changing Attitudes

The Moment of Truth has come for the North American Free Trade Agreement (NAFTA). The US Congress will have to stop talking and vote to accept or reject the agreement negotiated among Canada, Mexico, and the United States. The disagreement on NAFTA in the United States is about free trade with Mexico, not with Canada. A US-Canada free trade agreement (FTA) already exists.This controversy over NAFTA has been fierce in the United States, much more so than in Mexico. This comparison speaks volumes about changing attitudes. It was almost unthinkable a decade ago that Mexico would so drastically alter its traditional position of maintaining economic and political distance from the United States. This change would not have been possible but for la decena trágica, the years of the 1980s. Beyond that, Mexico has more at stake in a free trade agreement. It has the smaller economy (about 1/27th that of the United States) so that changes, for better or worse, are magnified.

Interaction of Ukrainian Diaspora and the USA Government Regarding Celebration of Ukrainian Independence Day on January 22

2018 ◽  
Vol 1 (47) ◽  
pp. 136-145
Author(s):  
Halyna Shchyhelska
Keyword(s):  
United States ◽  
House Of Representatives ◽  
The United States ◽  
100Th Anniversary ◽  
Totalitarian Regime ◽  
The Public ◽  
Us Congress ◽  
The Us ◽  
Public Consciousness ◽  
The Usa

2018 marks the 100th anniversary of the proclamation of Ukrainian independence. OnJanuary 22, 1918, the Ukrainian People’s Republic proclaimed its independence by adopting the IV Universal of the Ukrainian Central Rada, although this significant event was «wiped out» from the public consciousness on the territory of Ukraine during the years of the Soviet totalitarian regime. At the same time, January 22 was a crucial event for the Ukrainian diaspora in the USA. This article examines how American Ukrainians interacted with the USA Government institutions regarding the celebration and recognition of the Ukrainian Independence day on January 22. The attention is focused on the activities of ethnic Ukrainians in the United States, directed at the organization of the special celebration of the Ukrainian Independence anniversaries in the US Congress and cities. Drawing from the diaspora press and Congressional Records, this article argues that many members of Congress participated in the observed celebration and expressed kind feelings to the Ukrainian people, recognised their fight for freedom, during the House of Representatives and Senate sessions. Several Congressmen submitted the resolutions in the US Congress urging the President of United States to designate January 22 as «Ukrainian lndependence Day». January 22 was proclaimed Ukrainian Day by the governors of fifteen States and mayors of many cities. Keywords: January 22, Ukrainian independence day, Ukrainian diaspora, USA, interaction, Congress

Systematic Government Access to Private-Sector Data in the United States II

2017 ◽  
Author(s):  
Fred H. Cate ◽  
Beth E. Cate
Keyword(s):  
United States ◽  
Private Sector ◽  
Freedom Of Expression ◽  
The United States ◽  
Freedom Of Information ◽  
Privacy Rights ◽  
Reasonable Expectation ◽  
The Supreme Court ◽  
The Us ◽  
Sector Data

This chapter covers the US Supreme Court’s position on access to private-sector data in the United States. Indeed, the Supreme Court has written a great deal about “privacy” in a wide variety of contexts. These include what constitutes a “reasonable expectation of privacy” under the Fourth Amendment to the Constitution; privacy rights implicit in, and also in tension with, the First Amendment and freedom of expression; privacy rights the Court has found implied in the Constitution that protect the rights of adults to make decisions about activities such as reproduction, contraception, and the education of their children; and the application of the two privacy exemptions to the Freedom of Information Act (FOIA).

Diálogos militares by Diego García de Palacio: The first American work on the law of nations

1992 ◽  
Vol 32 (290) ◽  
pp. 446-451 ◽  
Author(s):  
Alejandro Valencia Villa
Keyword(s):  
United States ◽  
Civil War ◽  
Code Of Conduct ◽  
The United States ◽  
Internal Conflict ◽  
Humanitarian Law ◽  
Law Of Nations ◽  
Simon Bolivar ◽  
The Law ◽  
The Government

Over the years the Americas have made significant contributions to the development of international humanitarian law. These include three nineteenth-century texts which constitute the earliest modern foundations of the law of armed conflict. The first is a treaty, signed on 26 November 1820 by the liberator Simón Bolívar and the peacemaker Pablo Morillo, which applied the rules of international conflict to a civil war. The second is a Spanish-American work entitled Principios de Derecho de Genres (Principles of the Law of Nations), which was published in 1832 by Andrés Bello. This work dealt systematically with the various aspects and consequences of war. The third is a legal instrument, signed on 24 April 1863 by United States President Abraham Lincoln, which codified the first body of law on internal conflict under the heading “Instructions for the Government of Armies of the United States in the Field” (General Orders No. 100). This instrument, known as the Lieber Code, was adopted as the new code of conduct for the armies of the Union during the American Civil War.

Insult of Public Officials

2021 ◽  
pp. 388-409
Author(s):  
Christoph Bezemek
Keyword(s):  
United States ◽  
Human Rights ◽  
Supreme Court ◽  
The United States ◽  
Public Officials ◽  
European Court ◽  
The Supreme Court ◽  
The Us ◽  
Us Supreme Court ◽  
Structural Differences

This chapter assesses public insult, looking at the closely related question of ‘fighting words’ and the Supreme Court of the United States’ decision in Chaplinsky v New Hampshire. While Chaplinsky’s ‘fighting words’ exception has withered in the United States, it had found a home in Europe where insult laws are widely accepted both by the European Court of Human Rights and in domestic jurisdictions. However, the approach of the European Court is structurally different, turning not on a narrowly defined categorical exception but upon case-by-case proportionality analysis of a kind that the US Supreme Court would eschew. Considering the question of insult to public officials, the chapter focuses again on structural differences in doctrine. Expanding the focus to include the Inter-American Court of Human Rights (IACtHR) and the African Court on Human and Peoples’ Rights (ACtHPR), it shows that each proceeds on a rather different conception of ‘public figure’.

scholarly journals On the ethics of doctors in capitalist countries

1981 ◽  
Vol 62 (5) ◽  
pp. 80-83
Author(s):  
S. Ya. Chikin
Keyword(s):  
United States ◽  
Surgical Intervention ◽  
The United States ◽  
For Profit ◽  
Us Congress ◽  
The Us ◽  
The Cost

In 1977, the US Congress published statistics on the operation of surgical clinics in many cities in the country. These materials cannot be read without a shudder. They once again proved that American doctors are no different from businessmen in their passion for profit. The report's conclusion was very sad. He testified that up to three million unjustified surgeries are performed annually in the United States. Naturally, they are not undertaken for the sake of the patient's health, but in order to present a more weighty bill to the patient, because the cost of the simplest surgical intervention is now estimated at at least $ 1000.

scholarly journals Road to the Civil War: The Missouri Compromise

Perceptions ◽  
2018 ◽  
Vol 4 (2) ◽  
pp. 5
Author(s):  
Julius Nathan Fortaleza Klinger
Keyword(s):  
United States ◽  
Nineteenth Century ◽  
Civil War ◽  
The United States ◽  
Research Paper ◽  
Early Nineteenth Century ◽  
True Solution ◽  
Secondary Sources ◽  
The Us ◽  
Underlying Causes

The purpose of this paper is to explore the question of whether or not early nineteenth-century lawmakers saw the Missouri Compromise of 1820 as a true solution to the question of slavery in the United States, or if it was simply a stopgap solution. The information used to conduct this research paper comes in the form of a collation of primary and secondary sources. My findings indicate that the debate over Missouri's statehood was in fact about slavery in the US, and that the underlying causes of the Civil War were already quite prevalent four whole decades before the conflict broke out.

scholarly journals Quebec’s Economic and Commercial Linkages with the United States, 1994–2017

2017 ◽  
Author(s):  
Earl H. Fry
Keyword(s):  
United States ◽  
Trade Agreement ◽  
The United States ◽  
The North ◽  
Nation States ◽  
Wide Range ◽  
The Us ◽  
Us Government ◽  
Big Picture ◽  
The Impact

This article examines the ebb and flow of the Quebec government’s economic and commercial relations with the United States in the period 1994–2017. The topic demonstrates the impact of three major forces on Quebec’s economic and commercial ties with the US: (1) the North American Free Trade Agreement (NAFTA) which became operational in 1994 and was fully implemented over a 15-year period; (2) the onerous security policies put in place by the US government in the decade following the horrific events of 11 September 2001; and (3) changing economic circumstances in the United States ranging from robust growth to the worst recession since the Great Depression of the 1930s. The article also indicates that the Quebec government continues to sponsor a wide range of activities in the United States, often more elaborate and extensive than comparable activities pursued by many nation-states with representation in the US. 1 1 Stéphane Paquin, ‘Quebec-U.S. Relations: The Big Picture’, American Review of Canadian Studies 46, no. 2 (2016): 149–61.

scholarly journals The Future of Turkey - United States Relations

Jurnal ICMES ◽  
2018 ◽  
Vol 2 (2) ◽  
pp. 179-196
Author(s):  
Firmanda Taufiq
Keyword(s):  
United States ◽  
The United States ◽  
Economic Interests ◽  
The Us ◽  
The Future ◽  
Foreign Policies ◽  
The Government ◽  
The Cold War ◽  
Role Of The Government

Throughout 2018, relations between Turkey and the United States seemed to deteriorate. The leaders of the two countries issued sharp diplomatic statements and the US even imposed economic sanctions on Turkey. This article aims to analyze how the future of relations between Turkey and the United States. Cooperation between the two has a long historical side after the Cold War. Relations between the two countries are based on various interests, both economic, political, military and security interests. The theory used in this study is the theory of national interest. The US has great interests in the Middle East and Turkey is the front-line ally in achieving those interests. However, there are many US foreign policies that ignore the Turkish concern and create tensions between the two countries. On the contrary, Turkey also has considerable economic interests, but the role of the government elite (in this case, President Erdogan) has a significant influence in the determination of Turkish foreign policy. The findings of this study, although it will go through complex challenges and processes, the US and Turkey will continue to maintain their relations.

scholarly journals Rethinking the Security Architecture of North East Asia

2010 ◽  
Vol 41 (2) ◽  
pp. 273
Author(s):  
Michael J Kelly ◽  
Sean Watts
Keyword(s):  
United States ◽  
East Asia ◽  
North Korea ◽  
The United States ◽  
United Nations Security Council ◽  
Collective Security ◽  
North East ◽  
The North ◽  
The Government ◽  
The Cold War

In the aftermath of the Cold War, many began to question the continuing efficacy, or at least call for reform, of collective security structures such as the North Atlantic Treaty Organization and the United Nations Security Council. Yet, North East Asia never enjoyed a formal, institutionalised collective security structure. As Russia and the United States recede and China emerges in North East Asia, this article questions whether now is the time to consider such an arrangement. Financially, Japan and South Korea are locked into a symbiotic relationship with China (as is the United States), while the government in Beijing continues to militarise and lay territorial and maritime claims to large areas of the region. Moreover, the regime in North Korea, with its new nuclear capabilities, remains unpredictable. Consequently, central components to the question of collective security in North East Asia are the equally vexing questions of what to do about North Korea and whether a new formalised security arrangement would include or exclude the People's Republic of China.

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