Martin v. Hunter's Lessee

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    The Martin v. Hunter’s Lessee case is a Supreme Court case from 1816 that challenged appellate jurisdiction over state court decisions, specifically, the ability of the Supreme Court to hear and decide state cases where state court’s decided cases based on federal law. A British loyalist, Lord Fairfax, owned land in Virginia during the Revolutionary War when Virginia seized the land and gave a tract of it to David Hunter. Following the war, the United States entered into a treaty with Great Britain guaranteeing protection of lands owned by British loyalists. Once Lord Fairfax died and his land ownership passed to his heir, Thomas Martin, he sought to recover the land and sued. The Virginia court ruled that Fairfax and Martin were the owners of the land but upon appeal to the state appellate court, it was reversed in favor of Hunter. Martin appealed to the Supreme Court who decided for Martin pursuant to the treaty. The issue that went before the court was if the Supreme Court had jurisdiction to hear cases on appeal from state…

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    are reminded that the Due Process Clause only concerns the “outer boundaries” —the extraordinary cases—of disqualification. Yet, there is nothing extraordinary about a federal judge’s having a preexisting ideology, and thus, there is little reason to believe that due process concerns itself with this ordinary plea for recusal. Second, on the occasions when Tiller has given uncompensated-for speeches at Minnesota Borders fundraising events, The Sierra Club has publicly called Tiller’s…

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    Chief Justice Marshall used both Original Meaning, Original Intent, and Structural Analysis in the interpretation of the Constitution as it applied to Marbury v. Madison. Marbury raised concerns in his case against Madison in which Chief Justice Marshall decided: 1st The right to the commission of Justice 2nd If he had the right was the right violated and do the laws give him a form of redress 3rd If he has a form of redress, it a mandamus issued by the Supreme Court In addressing the…

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    John Marshall: Chief Justice

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    and the judiciary branch. The most fundamental case in U.S. history is Marbury v. Madison (1803). In his final days in office, President John Adams nominated a number of people to serve as justices of the peace for the District of Columbia. William Marbury was one of them. The secretary of state at the time, John Marshall, was suppose to deliver the commissions to all the people, but didn’t deliver all of them. When Thomas Jefferson became president, he told his secretary of state, James…

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    State Federalism

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    the terms “necessary” and “proper” have considerable range because of their broad definitions in the context of government, the national government is given an extensive amount of power by the clause. Federal law is also considered “the supreme law of the land” in the Supremacy Clause, also found in the Constitution within Article VI. (33) Under this clause, state laws are prohibited from contradicting federal laws because federal laws are supreme and therefore carry more authority. The…

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