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Article and III
Andrew Johnson appointed nine Article III federal judges during his presidency, all to United States district courts.
Article III of the Constitution specifies that Associate Justices, and all other United States federal judges " shall hold their Offices during good Behavior.
To consider but one example, the First Amendment to the United States Constitution states " Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof "— but interpretation ( that is, determining the fine boundaries, and resolving the tension between the " establishment " and " free exercise " clauses ) of each of the important terms was delegated by Article III of the Constitution to the judicial branch, so that the current legal boundaries of the Constitutional text can only be determined by consulting the common law.
In the United States, the power of the federal judiciary to review and invalidate unconstitutional acts of the federal executive branch is stated in the constitution, Article III sections 1 and 2: " The judicial Power of the United States, shall be vested in one supreme Court, and in such inferior Courts as the Congress may from time to time ordain and establish.
Later cases interpreted the " judicial power " of Article III to establish the power of federal courts to consider or overturn any action of Congress or of any state that conflicts with the Constitution.
Since the 12th century, courts have had parallel and co-equal authority to make law -- " legislating from the bench " is a traditional and essential function of courts, which was carried over into the U. S. system as an essential component of the " judicial power " specified by Article III of the U. S. constitution.
Before the entry into force of Protocol 11, Section II ( Article 19 ) set up the Commission and the Court, Sections III ( Articles 20 to 37 ) and IV ( Articles 38 to 59 ) included the high-level machinery for the operation of, respectively, the Commission and the Court, and Section V contained various concluding provisions.
Crain asserts that he " is not subject to the jurisdiction, taxation, nor regulation of the state ," that the " Internal Revenue Service, Incorporated " lacks authority to exercise the judicial power of the United States, that the Tax Court is unconstitutionally attempting to exercise Article III powers, and that jurisdiction over his person has never been affirmatively proven.
:: Example 1 ( parliamentary monarchy ): Article III, Section 15 of the Constitution Act, 1867, a part of the Constitution of Canada, states:
" Its primary functions in this area, according to Article III, are to encourage research and development, to secure or provide materials, services, equipment and facilities for Member States, to foster exchange of scientific and technical information and training.
" To do this, the IAEA is authorized in Article III. A. 5 of the Statute " to establish and administer safeguards designed to ensure that special fissionable and other materials, services, equipment, facilities, and information made available by the Agency or at its request or under its supervision or control are not used in such a way as to further any military purpose ; and to apply safeguards, at the request of the parties, to any bilateral or multilateral arrangement, or at the request of a State, to any of that State's activities in the field of atomic energy.
Article III of the Constitution states that judges remain in office " during good behavior ", implying that Congress may remove a judge for bad behavior via impeachment and conviction.
Marbury v. Madison,, was a landmark United States Supreme Court case in which the Court formed the basis for the exercise of judicial review in the United States under Article III of the Constitution.
Nonetheless, the Court stopped short of compelling Madison ( by writ of mandamus ) to hand over Marbury's commission, instead holding that the provision of the Judiciary Act of 1789 that enabled Marbury to bring his claim to the Supreme Court was itself unconstitutional, since it purported to extend the Court's original jurisdiction beyond that which Article III established.
* Does Article III of the Constitution create a " floor " for original jurisdiction, which Congress can add to, or does it create an exhaustive list that Congress can't modify at all?
Marshall then looked to Article III of the Constitution, which defines the Supreme Court's original and appellate jurisdictions ( see Relevant Law above ).
Furthermore, it has been argued that the Supreme Court should have been able to issue the writ on original jurisdiction based on the fact that Article III of the Constitution granted it the right to review on original jurisdiction " all cases affecting … public ministers and consuls ," and that James Madison, Secretary of State at the time and defendant of the suit, should have fallen into that category of a " public minister consul.
The move raised tensions with the Soviets, who responded that Germany was supposed to have consulted with the Soviet Union under Article III of the Molotov – Ribbentrop Pact.
" The Supreme Court holds " The judicial Power " according to Article III, and it established the implication of Judicial review in Marbury vs Madison.
Under this provision, the Congress may create inferior courts under both Article III, Section 1, and Article I, Section 8.
The Article III courts, which are also known as " constitutional courts ", were first created by the Judiciary Act of 1789.
Article III courts are the only ones with judicial power, and so decisions of regulatory agencies remain subject to review by Article III courts.

Article and Bill
One of the arguments the Federalists gave against the addition of a Bill of Rights, during the debates about ratification of the Constitution, was that a listing of rights could problematically enlarge the powers specified in Article One, Section 8 of the new Constitution by implication.
This claim was challenged in court and the Chief Justice declared that Muldoon's actions were illegal as they had violated Article 1 of the Bill of Rights, which provides " that the pretended power of dispensing with laws or the execution of laws by regal authority ... is illegal.
Even if a similar bill is enacted, its practical effect may not be clear: proponents of the bill have argued that it is a valid exercise of Congress's power to regulate the jurisdiction of the federal courts under Article III, Section 2 of the Constitution, but opponents question whether Congress has the authority to prevent the Supreme Court from hearing claims based on the Bill of Rights ( since amendments postdate the original text of the Constitution and may thus implicitly limit the scope of Article III, Section 2 ).
* New Yorker Article about Bill James
*" Buechel: Predatory Animals Were Ousted, but Wild Life Lived on in a Defiant Rustler, Bashford Manor Thoroughbreds "Article by Bill Pike of The Courier-Journal
* " Shively: Spirited Approach to Issues Embodied in Distillery Battle "Article by Bill Pike of The Courier-Journal
Should the king ever choose to exercise this privilege, Article 79 provides a means by which his veto may be overridden: " If a Bill has been passed unaltered by two sessions of the Storting, constituted after two separate successive elections and separated from each other by at least two intervening sessions of the Storting, without a divergent Bill having been passed by any Storting in the period between the first and last adoption, and it is then submitted to the King with a petition that His Majesty shall not refuse his assent to a Bill which, after the most mature deliberation, the Storting considers to be beneficial, it shall become law even if the Royal Assent is not accorded before the Storting goes into recess.
The text of the Constitution, Article I, Section 9 ; Clause 3 is " No Bill of Attainder or ex post facto Law shall be passed ".
Contrast this with the subtly more modern variation of the Texas version: Article 1 ( Titled Bill of Rights ) Section 16, entitled Bills of Attainder ; Ex Post Facto or Retroactive Laws: Impairing Obligation of Contracts: " No bill of attainder, ex post facto law, retroactive law, or any law impairing the obligation of contracts, shall be made ".
) President Hyde also twice used his power under Article 26 of the Constitution, having consulted the Council of State, to refer a Bill or part of a Bill to the Supreme Court, for the court's decision on whether the Bill or part referred is repugnant to the Constitution ( so that the Bill in question cannot be signed into law ).
Because of Article 34. 3. 3 ° of the Constitution, the constitutional validity of the Offences Against the State ( Amendment ) Act, 1940 cannot be challenged in any court, since the Bill which became that Act was found by the Supreme Court not to be repugnant in the context of an Article 26 reference.
Should the king ever choose to exercise this privilege, Article 79 provides a means by which his veto may be overridden: " If a Bill has been passed unaltered by two sessions of the Storting, constituted after two separate successive elections and separated from each other by at least two intervening sessions of the Storting, without a divergent Bill having been passed by any Storting in the period between the first and last adoption, and it is then submitted to the King with a petition that His Majesty shall not refuse his assent to a Bill which, after the most mature deliberation, the Storting considers to be beneficial, it shall become law even if the Royal Assent is not accorded before the Storting goes into recess.
" protections against " cruel and unusual punishments ", baseless search and seizure, and the guarantees of a trial by jury, freedom of the press, freedom of religion (" all men are equally entitled to the free exercise of religion "), and " the proper, natural, and safe defence of a free state " rested in a well regulated militia composed of the body of the people, trained to arms, that standing armies in time of peace, should be avoided as dangerous to liberty ; Article 8 protects a person against " being deprived of his liberty except by the law of the land " which later evolved into the due process clause in the federal Bill of Rights.
The Hong Kong Government has drafted the National Security ( Legislative Provisions ) Bill to implement Article 23 and replace British colonial era laws on the subject.
:" Contrary to what some have alleged, the Bill to implement Article 23 of the Basic Law does not provide for ' secret trials '.

Article and Rights
Indeed, the European Convention on Human Rights and Fundamental Freedoms in Article 6 requires these features in the legal systems of its signatory states.
In the European Union member states, Article 2 of the Charter of Fundamental Rights of the European Union prohibits the use of capital punishment.
Article 50 of the Charter of Fundamental Rights of the European Union protects against double jeopardy.
The 72 signatories and 166 parties to the International Covenant on Civil and Political Rights recognise this rule, under Article 14 ( 7 ): No one shall be liable to be tried or punished again for an offence for which he has already been finally convicted or acquitted in accordance with the law and penal procedure of each country.
A right to education has been created and recognized by some jurisdictions: Since 1952, Article 2 of the first Protocol to the European Convention on Human Rights obliges all signatory parties to guarantee the right to education.
At the global level, the United Nations ' International Covenant on Economic, Social and Cultural Rights of 1966 guarantees this right under its Article 13.
Article 9 of the Universal Declaration of Human Rights states that, " No one shall be subjected to arbitrary arrest, detention or exile.
Article 1 of the Universal Declaration of Human Rights in Estonian:
Category: Article 11 of the European Convention on Human Rights
On 3 May 2011, Michael O ' Flaherty with the United Nations Human Rights Committee published General Comment No. 34 on the ICCPR, which among other comments expresses concern that many forms of " hate speech " do not meet the level of seriousness set out in Article 20.
While Article 10 of the European Convention on Human Rights does not prohibit criminal laws against revisionism such as denial or minimization of genocides or crimes against humanity, as interpreted by the European Court of Human Rights, the Committee of Ministers of the Council of Europe went further and recommended to member governments to combat hate speech under its Recommendation R ( 97 ) 20.
The UN International Covenant on Economic, Social and Cultural Rights of 1966 declares, in Article 13, that " higher education shall be made equally accessible to all, on the basis of capacity, by every appropriate means, and in particular by the progressive introduction of free education ".
In Europe, Article 2 of the First Protocol to the European Convention on Human Rights, adopted in 1950, obligates all signatory parties to guarantee the right to education.
According to Article 27 of the Universal Declaration of Human Rights, " everyone has the right to the protection of the moral and material interests resulting from any scientific, literary or artistic production of which he is the author ".
::( c ) Article 5 of the European Convention on Human Rights, imported into English law by the Human Rights Act 1998 provides that a person of unsound mind may only be detained where proper account of objective medical expertise has been taken.
Article 15 of the Universal Declaration of Human Rights states that " Everyone has the right to a nationality ," and " No one shall be arbitrarily deprived of his nationality nor denied the right to change his nationality.
:: Article 8 of the Convention on Rights and Duties of States ;
:: Article I, Third, of the Convention concerning the Duties and Rights of States in the Event of Civil Strife.
Coercive plea bargaining has been criticized on the grounds that it infringes an individual's rights under Article 8 of the European Convention on Human Rights, incorporated in the UK's Human Rights Act 1998.
Protection is also prescribed in the United Nations ' Universal Declaration of Human Rights, Article 17, and in the European Convention on Human Rights ( ECHR ), Protocol 1.
For Europe, Article 8 of the European Convention on Human Rights guarantees the right to respect for private and family life, one's home and correspondence.

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