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Southern states had a long tradition of using states' rights doctrine since the late eighteenth century to support slavery. [16] A major Southern argument in the 1850s was that federal law to ban the expansion of slavery into the territories discriminated against states that allowed slavery, making them second-class states.
The act of state doctrine entered into American jurisprudence in the case Underhill v.Hernandez, 168 U.S. 250 (1897). [5] In an 1892 revolution, General José Manuel "Mocho" Hernández expelled the existing Venezuelan government and took control of Ciudad Bolívar, where plaintiff Underhill lived and ran a waterworks system for the city.
The first full articulation of the Catholic doctrine on the principles of the relationship of the Catholic Church to the state (at the time, the Eastern Roman Empire) is contained in the document Famuli vestrae pietatis, written by Pope Gelasius I to the Emperor, which states that the Church and the state should work together in society, that ...
The Flushing Remonstrance shows support for separation of church and state as early as the mid-17th century, stating their opposition to religious persecution of any sort: "The law of love, peace and liberty in the states extending to Jews, Turks and Egyptians, as they are considered sons of Adam, which is the glory of the outward state of ...
The fighting words doctrine, in United States constitutional law, is a limitation to freedom of speech as protected by the First Amendment to the United States Constitution. In 1942, the U.S. Supreme Court established the doctrine by a 9–0 decision in Chaplinsky v. New Hampshire. [1]
By definition, political doctrine is "[a] policy, position or principle advocated, taught or put into effect concerning the acquisition and exercise of the power to govern or administrate in society." [15] The term political doctrine is sometimes wrongly identified with political ideology. However, doctrine lacks the actional aspect of ideology ...
Sovereignty can generally be defined as supreme authority. [1] [2] [3] Sovereignty entails hierarchy within a state as well as external autonomy for states. [4]In any state, sovereignty is assigned to the person, body or institution that has the ultimate authority over other people and to change existing laws. [5]
In 1872, the Alabama Supreme Court ruled that the state's ban on mixed-race marriage violated the "cardinal principle" of the 1866 Civil Rights Act and of the Equal Protection Clause. [30] Almost a hundred years would pass before the U.S. Supreme Court followed that Alabama case (Burns v. State) in the case of Loving v. Virginia.