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In Federalist No. 33, Alexander Hamilton writes about the Supremacy Clause that federal laws by definition must be supreme. If the laws do not function from that position, then they amount to nothing, noting that "A law, by the very meaning of the term, includes supremacy. It is a rule which those to whom it is prescribed are bound to observe.
Monell v. Department of Social Services, 436 U.S. 658 (1978), is an opinion given by the United States Supreme Court in which the Court overruled Monroe v. Pape by holding that a local government is a "person" subject to suit under Section 1983 of Title 42 of the United States Code: Civil action for deprivation of rights. [1]
Parliamentary sovereignty, also called parliamentary supremacy or legislative supremacy, is a concept in the constitutional law of some parliamentary democracies.It holds that the legislative body has absolute sovereignty and is supreme over all other government institutions, including executive or judicial bodies.
Borden, [19] the Court held that the determination of whether a state government is a legitimate republican form as guaranteed by the Constitution is a political question to be resolved by the Congress. In effect, the court held the clause to be nonjusticiable. The Luther v.
Due to the coronavirus pandemic in early 2020 requiring social distancing to prevent spread of the virus, the Supreme Court cancelled several oral arguments in the months of March and April and, as to prevent excessive backup on their schedule, held oral arguments in about a dozen cases via teleconference in May 2020. All remaining cases ...
A further hearing may be held if the Supreme Court makes a ruling inconsistent with a previous ruling or if the Court deems that the importance, difficulty or novelty of a ruling of the Court justifies such hearing. The Supreme Court also holds the unique power of being able to order "trial de novo" (a retrial).
Santosky v. Kramer, 455 U.S. 745 (1982), is a Supreme Court case involving the burden of proof for the revocation of parental rights.The case arose when the Ulster County, New York, Department of Social Services sought to revoke John Santosky II and Annie Santosky's parental rights to their three children.
United States, 485 U.S. 681 (1988), was a case in which the United States Supreme Court held that before admitting evidence of extrinsic acts under Rule 404(b) of the Federal Rules of Evidence, federal courts should assess the evidence's sufficiency under Federal Rule of Evidence 104(b). Under 104(b), "[w]hen the relevancy of evidence depends ...