Supreme Court of the United States. The Northwestern University v. The People

1879 ◽  
Vol 27 (6) ◽  
pp. 366
Author(s):  
Marshall D. Ewell
1916 ◽  
Vol 10 (2) ◽  
pp. 312-327
Author(s):  
Pedro Capó-Rodríguez

In approaching the discussion of the effects of the acquisition of Porto Rico as a result of the Treaty of Paris of 1899, we are confronted by one of the most difficult problems arising in the consideration of the relations between the United States and Porto Rico. The difficulty is due in a great measure to the absence of a positive, unequivocal and unanimous opinion of the Supreme Court in the decision of the so-called Insular Cases, which have given rise to so much doubt, uncertainty and difference of opinion among lawyers in regard to this vital subject.If the acquisition of Porto Rico had been the only one made by the United States at that time, the problem would have been comparatively easy. It would have been enough, perhaps, to turn to the earlier precedents laid down by the Supreme Court to find sufficient guiding light and ample authority to arrive at a satisfactory solution. Congress itself, probably, would have rendered it unnecessary to appeal to the Supreme Court by doing complete justice to the people who had received the United States with such sincere demonstrations of rejoicing, friendship and affection.


2019 ◽  
Vol 6 (4) ◽  
pp. 34-40
Author(s):  
Shane Landers

“The powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to the States respectively, or to the people.” Thus, “Congress may not simply ‘commandee[r] the legislative processes of the States by directly compelling them to enact and enforce a federal regulatory program.’” In Murphy v. NCAA, the United States Supreme Court held that a federal law that prevents States from legalizing sports gambling “violates the anticommandeering rule.” The Supreme Court’s decision in Murphy reemphasizes a fundamental principle of dual sovereignty—Congress is prohibited from “issu[ing] direct orders to the governments of the States.”


Author(s):  
Aminath Asfa Shafie ◽  
Shamrahayu A. Aziz

The politics involved in the appointment of Judges to the Supreme Court impacts everyone; the policy making Executive, the lawmaking Legislature and the people who elected the aforementioned two branches of Government. In Maldives, the parliament plays a huge role in the appointment of Justices to the Supreme Court of Maldives. However, the parliamentary procedure in place regarding providing approval to selected candidates to the highest authority in the judiciary of Maldives seems to lack a vital part of any job interview; the assessing of the candidate’s eligibility to take on the responsibilities of the office. Whereas in the United States of America, confirmation hearings are held to not only assess the candidate’s eligibility but also to determine the character of the candidate. The main purpose of this article is to entail the role of the parliament in both jurisdictions in the appointment of Justices to the Supreme Court Therefore, taking a doctrinal approach, this article analyses the constitutional and parliamentary procedures of the United States of America and Maldives regarding the appointment of Justices to the Supreme Court. This article reveals the imperative necessity to reform the constitutional and parliamentary procedures of appointing Justices, to ensure an independent, impartial and effective judiciary in the Maldives.


2019 ◽  
Vol 37 (2) ◽  
pp. 571-603 ◽  
Author(s):  
Justin Simard

Eugenius Aristides Nisbet played a critical role in Georgia's secession from the United States. Elected as a delegate to Georgia's 1861 secession convention, Nisbet introduced a resolution in favor of severing ties with the Union, and he led the committee that drafted his state's secession ordinance. Nisbet was a trained lawyer who had served on the Georgia Supreme Court, and his legal training shaped the way that he viewed secession. He believed that the Constitution did not give states the right to dissolve the Union; instead, this power rested solely in the people, and he framed the resolution and ordinance accordingly. Thanks in part to Nisbet, it was the “people of the State of Georgia” who “repealed, rescinded and abrogated” their ratification of the Constitution in 1788.


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