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08 Abstract. James Madison wrote that the Constitution's meaning could be “liquidated” and settled by practice. But the term “liquidation” is not widely known, and its precise meaning is not understood. This Article attempts to rediscover the concept of constitutional liquidation, and thereby provide a way to ground and understand the role of historical practice in constitutional law.
Constitutional liquidation had three key elements. First, there had to be a textual indeterminacy. Clear provisions could not be liquidated, because practice could “expound” the Constitution but could not “alter” it. Second, there had to be a course of deliberate practice. This required repeated decisions that reflected constitutional reasoning. Third, that course of practice had to result in a constitutional settlement. This settlement was marked by two related ideas: acquiescence by the dissenting side, and “the public sanction”--a real or imputed popular ratification.
William Baude, Constitutional Liquidation, 71 Stan. L. Rev. 1 (2019) | 424 | 5 | Loading... |
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20 The right of ownership, which according to traditional civilian analysis includes the elements of usus, fructus and abusus, may lawfully be dismembered in a variety of ways either by the intention of the owner or by operation of law. Exposé des Motifs, Title III: Personal Servitudes, La. Civ.Code Ann. (West 1980). Book II, Title III, of the Louisiana Civil Code of 1870 deals specifically with three permissible dismemberments of the right of ownership: usufruct, use and habitation. Id. These dismemberments of ownership are real rights of enjoyment which by their nature confer direct and immediate, although *145 limited, authority over a thing belonging to another person. Id. They are distinguished from personal (obligatory) rights of enjoyment, such as those arising from leases, which confer rights against a certain debtor who has assumed the obligation to allow the enjoyment of a thing by his creditor. Id.
Richard v. Hall, 2003-1488 (La. 4/23/04), 874 So. 2d 131, 144–45 | 658 | 6 | Loading... |
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23 Documents such as a driver's license do not determine what constitutes a person's legal name
https://youtu.be/QDrnEQYbOco | 741 | 12 | Loading... |
24 Ex parte WILSON.
[2 Cranch, C. C. 7.]1
Circuit Court, District of Columbia.
July Term, 1810.
IMPRISONMENT FOR DEBT—DISCHARGE.
The court will not, on motion, discharge a prisoner for debt, who has the benefit of the bounds, because the creditor refuses to pay the daily allowance.
Motion by Mr. E. J. Lee, for W. Wilson, to order the marshal to discharge him from the prison-bounds, the creditor having failed to furnish him with his daily allowance, according to the act of congress of 3d March, 1803, § 5 (2 Stat. 237). The allowance was demanded by the marshal on the 25th of June, 1810, and refused. The daily allowance for prisoners in execution for debt, was fixed by a general order of the court, on the 13th of June, 1803.
THE COURT refused to make such an order for the discharge of Mr. Wilson in this summary way, because if he has a right to depart the prison-bounds he is at liberty so to do; if he has not, the order of the court would not justify the marshal in discharging him.
See Ex parte Wilson, 6 Cranch [10 U. S.] 52.
WILSON, Ex parte. See Case No. 894.
1 [Reported by Hon. William Cranch, Chief Judge.] | 837 | 3 | Loading... |
25 FINGERPRINT IDENTIFICATION: HOW “THE GOLD STANDARD OF EVIDENCE” COULD BE WORTH ITS WEIGHT
Katherine Schwinghammer, Fingerprint Identification: How "The Gold Standard of Evidence" Could Be Worth Its Weight, 32 Am. J. Crim. L. 265, 265 (2005)
🤔 Could it be more than a figure of speech. | 685 | 3 | Loading... |
26 Documents such as a driver's license do not determine what constitutes a person's legal name.9
65 C.J.S. Names § 1.
The Trustee relies on the Certificate of Correction and the fact that the Debtor's driver's license spells her last name as Thibault in arguing that that spelling is the “correct” one. But the Massachusetts Supreme Judicial Court (the “SJC”) has explained that documents such as a driver's license do not determine what constitutes a person's legal name. For example, in Clark, the SJC noted that even the name on an individual's birth certificate may not be the individual's “true” name under Massachusetts law, in light of the common law rule. See 846 N.E.2d at 773. And in Sec'y of the Commonwealth v. City Clerk of Lowell, the SJC took care to clarify that to the extent any of its earlier cases had “suggest[ed] that a person has a ‘legal name’ or a name ‘with legal effect,’ different from the name he has lawfully chosen, those suggestions were not necessary to decision.” 366 N.E.2d 717, 722, 373 Mass. 178 (1977) (emphasis supplied).
In re Thibault, 518 B.R. 698, 703 (Bankr. D. Mass. 2014) | 724 | 16 | Loading... |
27 Documents such as a driver's license do not determine what constitutes a person's legal name.9
65 C.J.S. Names § 1 | 9 | 0 | Loading... |
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32 Minority is not an actual condition which is shed like a cocoon by a child on his or her reaching a certain age.
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37 The legislation of Congress making treasury notes a legal tender in the payment of debts is authorized by the federal constitution. | 662 | 1 | Loading... |
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🇺🇸 Epoch Times 25¢ Sale:
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https://ept.ms/FactsMatterGooglePodcast- 🔴 Epoch Original Documentary DVDs: 1, No Farmers No Food | Documentary
https://www.epochtv.shop/product-page/no-farmers-no-food-documentary-dvd2, The Real Story of January 6 | Documentary
https://www.epochtv.shop/product-page/dvd-the-real-story-of-january-63, The Shadow State | Documentary
https://www.epochtv.shop/product-page/the-shadow-state-dvd4, The Final War | Documentary
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