Tag: TR
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Jury Trial
Trial By JuryThe Trial of all Crimes, except in Cases of Impeachment, shall be by Jury; and such Trial shall be held in the State where the said Crimes shall have been committed; but when not committed within any State, the Trial shall be at such Place or Places as the Congress may by Law…
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Treason
TreasonThe Treason Clause is a product of the awareness of the Framers of the "numerous and dangerous excrescences" which had disfigured the English law of treason and was therefore intended to put it beyond the power of Congress to "extend the crime and punishment of treason." <…
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Treason Punishment
Treason PunishmentThe Congress shall have Power to declare the Punishment of Treason, but no Attainder of Treason shall work Corruption of Blood, or Forfeiture except during the Life of the Person attainted.Treason Punishment and the U.S. ConstitutionResourcesSee AlsoReferences…
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Trial of Fugitives after Removal
Trial of Fugitives After RemovalThere is nothing in the Constitution or laws of the United States that exempts an offender, brought before the courts of a state for an offense against its laws, from trial and punishment, even though he was brought from another state by unlawful violence,249 or by ab…
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Treason Limitations
Treason Definition and LimitationsTreason against the United States, shall consist only in levying War against them, or in adhering to their Enemies, giving them Aid and Comfort. No Person shall be convicted of Treason unless on the testimony of two Witnesses to the same overt Act, or on Confession …
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Treaty as a Political Question
Status of a Treaty as a Political QuestionIt is clear that many questions which arise concerning a treaty are of a political nature and will not be decided by the courts. In the words of Justice Curtis in Taylor v. Morton: 1 It is not "a judicia…
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Treaty Negotiation
Negotiation, a Presidential MonopolyActually, the negotiation of treaties had long since been taken over by the President; the Senate's role in relation to treaties is today essentially legislative in character.1 "He alone negotiates. Into t…
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Treaties
Treaties, Alliances, or Confederations (Powers Denied to the States)At the time of the Civil War, the Court relied on the prohibition on treaties, alliances, or confederations in holding that the Confederation formed by the seceding states could not be recognized as having any legal existence.<a nam…
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Treaties and Congress
Treaties and CongressIn the Convention, a proposal to require the adoption of treaties through enactment of a law before they should be binding was rejected.1 But the years since have seen numerous controversies with regard to the duties and obligati…
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Treaties and the States
Treaties and the StatesAs it so happened, the first case in which the Supreme Court dealt with the question of the effect of treaties on state laws involved the same issue that had prompted the drafting of Article VI, paragraph 2. During the Revolutionary War, the Virginia legislature provided that …
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Treaties Versus Prior Acts of Congress
Treaties Versus Prior Acts of CongressThe Court has enforced numerous statutory provisions that it recognized as superseding prior treaty engagements. Chief Justice Marshall asserted that the converse would be true as well 1 -that a treaty that is sel…
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Trade-Marks
Trade-Marks and AdvertisementsIn the famous Trade-Mark Cases,1 decided in 1879, the Supreme Court held void acts of Congress that, in apparent reliance upon this clause, extended the protection of the law to trademarks registered in the Patent Office…
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Transportation Regulation
Regulation of Other Agents of Carriage and CommunicationsIn 1914, the Court affirmed the power of Congress to regulate the transportation of oil and gas in pipelines from one State to another and held that this power applied to the transportation even though the oil or gas was the property of the li…