original jurisdiction

Examples of original jurisdiction in the following topics:

• Marbury v. Madison

  • Nonetheless, the Court stopped short of compelling Madison to hand over Marbury's appointment, instead holding that the provision of the Judiciary Act of 1789 that gave the Supreme Court original jurisdiction over Marbury's claim was itself unconstitutional.

• Land Ordinances and the Northwest Territory

  • Therefore, the immediate goal of the ordinance was to raise money through the sale of land in the largely unmapped territory west of the original states acquired in the Treaty of Paris.
  • The legislation was revolutionary in that it established the precedent for new lands to be administered by the central government (albeit temporarily) rather than under the jurisdiction of the individually sovereign original states, as it was with the Articles of Confederation.

• The Division and Separation of Power

  • The political doctrine of the separation of powers found in the United States Constitution originated in the writings of Montesquieu in The Spirit of the Laws, where he urged for a constitutional government with three separate branches of government.
  • The power to review the constitutionality of laws may be limited by Congress, which has the power to set the jurisdiction of the courts.
  • The only constitutional limit on Congress' power to set the jurisdiction of the judiciary relates to the Supreme Court.

• The Branches of Government

  • The political doctrine of the separation of powers found in the Constitution originated in the writings of French intellectual Montesquieu in The Spirit of the Laws, wherein he urged for a constitutional government comprising three separate branches of government.
  • Congress, however, which has the power to set the jurisdiction of the courts, may limit judicial power to review the constitutionality of laws.
  • The only constitutional limit on Congress' power to set the jurisdiction of the judiciary relates to the Supreme Court.

• The Development of Holidays

  • Public holidays in the United States originated from established federal holidays, which were enacted by Congress in the 1870s.
  • All other public holidays are created by the States, and most states also allow local jurisdictions (cities, villages, etc.) to establish their own local holidays.
  • Thanksgiving is perhaps the most complicated and controversial of the original federal holidays.
  • It originated as a harvest festival and has been celebrated nationally on and off since 1789, after a proclamation by George Washington.
  • The story of the original Thanksgiving, however, tells a simplified narrative of peace and gratitude between American Indians and European settlers, when in truth, the relationship was characterized by the widespread bloodshed of American Indians and invasion into their land.

• The Growth of Suburbs

  • In the older cities of the northeast, streetcar suburbs originally developed along train or trolly lines that could shuttle workers into and out of city centers where jobs were located.
  • But the original processing of this data, on older-style tabulation machine by the U.S.
  • New municipalities were established beyond the abandoned city's jurisdiction to avoid the legacy costs of maintaining city infrastructures.
  • Many southern jurisdictions mounted massive resistance to the policy.

• Troubled Neighbors

  • Fifteen years later, in 1649, the Act of Toleration proclaimed religious freedom for its colonists, among whom Protestants would become the majority despite the original charter.
  • The original charter of Pennsylvania also encompassed present-day Delaware, but the people of Delaware, who were mostly non-Quakers, separated from Pennsylvania in 1704.
  • The charter for Georgia, the last of the thirteen original colonies, was granted to James Oglethorpe and others in 1732 .
  • The border with New England had been adjusted to 50 miles (80 km) west of the Fresh River, while the Lange Eylandt towns west of Oyster Bay were under Dutch jurisdiction.

• The Big Stick

  • Roosevelt attributed the phrase to a West African proverb, "Speak softly, and carry a big stick; you will go far," but the claim that it originated in West Africa has been disputed.
  • The United States accepted the deal, but after Congress approved the contract, the problem of court jurisdiction arose.
  • Many anti-canal advocates argued that because the United States did not have legal jurisdiction in Nicaragua, it could not sponsor a canal project.

• Jefferson, Slavery, and Race

  • For instance, he tried to banish children with fathers of African origin and exile any white woman who had a child with a black man.
  • It was one of the first jurisdictions in the world to ban the slave trade, and all other states except South Carolina eventually followed suit prior to the Congress banning the trade in 1807.
  • Jefferson said that Southern representatives defeated his original proposal.

• "The People"

  • While each state was originally recognized as sovereign unto itself, the post-Civil War Supreme Court held that the United States of America consists of only one sovereign nation with respect to foreign affairs and international relations; the individual states may not conduct foreign relations.
  • It has also been construed to mean something like "all under the sovereign jurisdiction and authority of the United States. " The phrase has been construed as affirming that the national government created by the Constitution derives its sovereignty from the people, as well as confirming that the government under the Constitution was intended to govern and protect "the people" directly as one society instead of governing only the states as political units.