Article Three of the United States Constitution establishes the judicial branch of the U.S. federal government. Under Article Three, the judicial branch consists of the Supreme Court of the United States, as well as lower courts created by Congress. Article Three empowers the courts to handle cases or controversies arising under federal law, as well as other enumerated areas. Article Three also defines treason.
Article Four of the United States Constitution outlines the relationship between the various states, as well as the relationship between each state and the United States federal government. It also empowers Congress to admit new states and administer the territories and other federal lands.
Cohens v. Virginia, 19 U.S. 264 (1821), is a landmark case by the Supreme Court of the United States that is most notable for the Court's assertion of its power to review state supreme court decisions in criminal law matters if defendants claim that their constitutional rights have been violated. The Court had previously asserted a similar jurisdiction over civil cases involving U.S. parties.
In American political discourse, states' rights are political powers held for the state governments rather than the federal government according to the United States Constitution, reflecting especially the enumerated powers of Congress and the Tenth Amendment. The enumerated powers that are listed in the Constitution include exclusive federal powers, as well as concurrent powers that are shared with the states, and all of those powers are contrasted with the reserved powers—also called states' rights—that only the states possess.
In the United States, fugitive slaves or runaway slaves were terms used in the 18th and 19th centuries to describe people who fled slavery. The term also refers to the federal Fugitive Slave Acts of 1793 and 1850. Such people are also called freedom seekers to avoid implying that the enslaved person had committed a crime and that the slaveholder was the injured party.
Prigg v. Pennsylvania, 41 U.S. 539 (1842), was a United States Supreme Court case in which the court held that the Fugitive Slave Act of 1793 precluded a Pennsylvania state law that prohibited blacks from being taken out of the free state of Pennsylvania into slavery. The Court overturned the conviction of slavecatcher Edward Prigg as a result.
The fugitive slave laws were laws passed by the United States Congress in 1793 and 1850 to provide for the return of enslaved people who escaped from one state into another state or territory. The idea of the fugitive slave law was derived from the Fugitive Slave Clause which is in the United States Constitution. It was thought that forcing states to deliver fugitive slaves back to enslavement violated states' rights due to state sovereignty and was believed that seizing state property should not be left up to the states. The Fugitive Slave Clause states that fugitive slaves "shall be delivered up on Claim of the Party to whom such Service or Labour may be due", which abridged state rights because forcing people back into slavery was a form of retrieving private property. The Compromise of 1850 entailed a series of laws that allowed slavery in the new territories and forced officials in free states to give a hearing to slave-owners without a jury.
In the United States, judicial review is the legal power of a court to determine if a statute, treaty, or administrative regulation contradicts or violates the provisions of existing law, a State Constitution, or ultimately the United States Constitution. While the U.S. Constitution does not explicitly define the power of judicial review, the authority for judicial review in the United States has been inferred from the structure, provisions, and history of the Constitution.
Sherman Miller Booth was an abolitionist, editor and politician in Wisconsin, and was instrumental in forming the Liberty Party, the Free Soil Party and the Republican Party. He became known nationally after helping instigate a jailbreak for a runaway slave in violation of the Fugitive Slave Act.
Nullification, in United States constitutional history, is a legal theory that a state has the right to nullify, or invalidate, any federal laws which they deem unconstitutional with respect to the United States Constitution. There are similar theories that any officer, jury, or individual may do the same. The theory of state nullification has never been legally upheld by federal courts, although jury nullification has.
The Principles of '98 refer to the American political position after 1798 that individual states could both judge the constitutionality of federal laws and decrees and refuse to enforce those that were deemed unconstitutional. That refusal is generally referred to as "nullification" but has also been expressed as "interposition:" the states' right to "interpose" between the federal government and the people of the state.
Edward Vernon Whiton was an American lawyer, jurist, and Wisconsin pioneer. He was the first elected Chief Justice of the Wisconsin Supreme Court, serving on the Supreme Court from its creating in 1848 until his death in 1859. He had previously served in the Wisconsin Territory legislature and was a framer of Wisconsin's constitution.
Abram Daniel Smith, often abbreviated A. D. Smith, was an American lawyer, politician, and pioneer. As a leader of the Hunters' Lodges, he was elected President of the Republic of Canada in the midst of the Canadian Rebellions of 1837–1838. Later, he became a prominent lawyer in the Wisconsin Territory, and was one of the first justices of the Wisconsin Supreme Court, where he authored a major opinion against the Fugitive Slave Act of 1850.
Samuel Crawford was an Irish American immigrant, lawyer, and Wisconsin pioneer. He was one of the first elected justices of the Wisconsin Supreme Court in 1853. He was also the first incumbent Wisconsin Supreme Court justice to be defeated seeking re-election.
The Supremacy Clause of the Constitution of the United States establishes that the Constitution, federal laws made pursuant to it, and treaties made under its authority, constitute the "supreme Law of the Land", and thus take priority over any conflicting state laws. It provides that state courts are bound by, and state constitutions subordinate to, the supreme law. However, federal statutes and treaties must be within the parameters of the Constitution; that is, they must be pursuant to the federal government's enumerated powers, and not violate other constitutional limits on federal power, such as the Bill of Rights—of particular interest is the Tenth Amendment to the United States Constitution, which states that the federal government has only those powers delegated to it by the Constitution.
The Taney Court heard thirty criminal law cases, approximately one per year. Notable cases include Prigg v. Pennsylvania (1842), United States v. Rogers (1846), Ableman v. Booth (1858), Ex parte Vallandigham (1861), and United States v. Jackalow (1862).
Tarble's Case, 80 U.S. 397 (1872), was a United States Supreme Court case in which the Court held that a State judge has no jurisdiction to issue a writ of habeas corpus, or to continue proceedings under the writ when issued, for the discharge of a person held by the authority, or claim and color of the authority, of the United States by an officer of that government.
