vania-janet/multiturn-rag-retrieval-data huggingface dataset:
McCulloch v. Maryland
McCulloch v. Maryland Supreme Court of the United States Argued February 21 -- March 3 , 1819 Decided March 6 , 1819 Full case name James McCulloch v . The State of Maryland , John James Citations 17 U.S. 316 ( more ) 4 Wheat . 316 ; 4 L. Ed . 579 ; 1819 U.S. LEXIS 320 ; 4 A.F.T.R. ( P-H ) 4491 ; 42 Cont . Cas . Fed . ( CCH ) ¶ 77,296 Prior history Judgment for John James , Baltimore County Court ; affirmed , Maryland Court of Appeals Subsequent history None Holding Although the Constitution does not specifically give Congress the power to establish a bank , it does delegate the ability to tax and spend , and a bank is a proper and suitable instrument to assist the operations of the government in the collection and disbursement of the revenue . Because federal laws have supremacy over state laws , Maryland had no power to interfere with the bank 's operation by taxing it . Maryland Court of Appeals reversed . Court membership Chief Justice John Marshall Associate Justices Bushrod Washington William Johnson Henry B. Livingston Thomas Todd Gabriel Duvall Joseph Story Case opinions Majority Marshall , joined by unanimous Laws applied U.S. Const . art . I , § 8 , cl. 1 , 18 The
Grand jury
The grand jury 's theoretical function against abuse of executive power was seen during the Watergate crisis in America , in United States v. Nixon , the U.S. Supreme Court ruled 8 to 0 on 23 July 1974 ( Justice William Rehnquist who had been appointed by Nixon recused himself from the case ) that executive privilege applied only to the co-equal branches , the legislative and judicial , not to grand jury subpoenas , thus implying a grand jury constituted protections equaled to a `` fourth branch of government '' . The second Watergate grand jury indicted seven lawyers in the White House , including former Attorney General John Mitchell and named President Nixon as a `` secret , un-indicted , co-conspirator . '' Despite evading impeachment , Nixon was still required to testify before a grand jury .
Grand juries in the United States
In 1974 the Supreme Court of the United States held in U.S. v. Calandra that `` the exclusionary rule in search - and - seizure cases does not apply to grand jury proceedings because the principal objective of the rule is ' to deter future unlawful police conduct , ' ( ... ) and ' it is unrealistic to assume that application of the rule to grand jury proceedings would significantly further that goal . ' '' Illegally obtained evidence , therefore , is admissible in grand jury proceedings , and the Fourth Amendment 's exclusionary rule does not apply .
Times Square
At the time , police morale was low and petty criminals who committed misdemeanors were not being arrested . William Bratton , who was appointed New York City Police Commissioner in 1994 and again in 2014 , stated , `` The ( NYPD ) did n't want high performance ; it wanted to stay out of trouble , to avoid corruption scandals and conflicts in the community . For years , therefore , the key to career success in the NYPD , as in many bureaucratic leviathans , was to shun risk and avoid failure . Accordingly , cops became more cautious as they rose in rank , right up to the highest levels . '' The city government did not implement broken windows theory at first , and the allowance of low - profile crime was thought by some at the time to have caused more high - profile crimes to occur . Formerly elegant movie theaters began to show porn , and hustlers were common . The area was so abandoned at one point during the time that the entire Times Square area paid the city only $6 million in property taxes , which is less than what a medium - sized office building in Manhattan typically would produce in tax revenue today in 1984 dollars .
Gunfight at the O.K. Corral
Even if Tom was n't armed with a revolver , Virgil Earp testified Tom attempted to grab a rifle from the scabbard on the horse in front of him before he was killed . Judge Spicer ruled afterward that `` if Thomas McLaury was one of a party who were thus armed and were making felonious resistance to an arrest , and in the melee that followed was shot , the fact of his being unarmed , if it be a fact , could not of itself criminate the defendants ( Earps ) , if they were not otherwise criminated . ''
Trent Affair
Seward 's reply was `` a long , highly political document . '' Seward stated that Wilkes had acted on his own and denied allegations by the British that the seizure itself had been conducted in a discourteous and violent manner . The capture and search of Trent was consistent with international law , and Wilkes ' only error was in failing to take Trent to a port for judicial determination . The release of the prisoners was therefore required in order `` to do to the British nation just what we have always insisted all nations ought to do to us . '' Seward 's reply , in effect , accepted Wilkes ' treatment of the prisoners as contraband and also equated their capture with the British exercise of impressment of British citizens off of neutral ships . This response contradicted itself in a number of ways . Citing the precedent of impressment implied that Mason and Slidell had been removed for their status as American nationals , rather than as contraband ; it was a reversal of America 's previous position on the topic , referred to a right the British had not exercised for half a century , and -- as Mason and Slidell were taken prisoner rather than being conscripted into the navy -- was irrelevant to the case . More fundamentally , Seward 's stance assumed that a state of war was in effect : otherwise , Federal warships would have had no legal status as belligerents with the right of search . However , at the time of the Trent Affair , the North was not only refusing to acknowledge a state of war , but was still demanding that the British government withdraw its recognition of Confederate belligerency in the form of the Proclamation of Neutrality .
Grand juries in the United States
Misdemeanors are not presented to a grand jury , and are instead charged by prosecutor 's `` information . '' In the United States armed forces , an Article 32 hearing is used for a similar purpose .
Grand jury
The government 's case against Cooper was particularly weak -- the government admitted that most of the witnesses brought against Cooper had already perjured themselves , and the documentary evidence was inconclusive ; and the jury was handpicked by the Whig Sheriff of London . For these reasons the government had little chance of securing a conviction , and on 13 February 1682 the case was dropped when the Grand Jury issued an ignoramus bill , rather than comply with the King 's intent of a `` True Bill '' , known as a Grand Jury Indictment .
Historian
relegated the sensational to the sidelines and was reluctant to give a simple accounting of events , but strived on the contrary to pose and solve problems and , neglecting surface disturbances , to observe the long and medium - term evolution of economy , society , and civilisation .
History of United States prison systems
Opposition to the penitentiary crossed party lines ; neither the Whigs nor the Democrats lent consistent support to the institution in the antebellum period . But consistent and enthusiastic support for the penitentiary did come , almost uniformly , from Southern governors . The motives of these governors are note entirely unclear , historian Edward L. Ayers concludes : Perhaps they hoped that the additional patronage positions offered by a penitentiary would augment the historically weak power of the Southern executive ; perhaps they were legitimately concerned with the problem of crime ; or perhaps both considerations played a role . Grand juries -- drawn from Southern `` elites '' -- also issued regular calls for penitentiaries in this period .
Causes of the French Revolution
Edmund Burke , no friend of the revolution , wrote in 1790 : `` the public , whether represented by a monarch or by a senate , can pledge nothing but the public estate ; and it can have no public estate except in what it derives from a just and proportioned imposition upon the citizens at large . '' Because the nobles successfully defended their privileges , the king of France lacked the means to impose a `` just and proportioned '' tax . The desire to do so led directly to the decision in 1788 to call the Estates - General into session .
Algiers Motel incident
After deliberating for nine hours , an all - white jury found the four not guilty of conspiracy . In a review of the trial , the Detroit Free Press felt that prosecutors Avery Weiswasser and McIntyre were `` outpointed by Lippitt . ''
State of nature
Although it may be natural to assume that Locke was responding to Hobbes , Locke never refers to Hobbes by name , and may instead have been responding to other writers of the day , like Robert Filmer . In fact , Locke 's First Treatise is entirely a response to Filmer 's Patriarcha , and takes a step by step method to refuting Filmer 's theory set out in Patriarcha . The conservative party at the time had rallied behind Filmer 's Patriarcha , whereas the Whigs , scared of another prosecution of Anglicans and Protestants , rallied behind the theory set out by Locke in his Two Treatises of Government as it gave a clear theory as to why the people would be justified in overthrowing a monarchy which abuses the trust they had placed in it .
McCulloch v. Maryland
Though Marshall rejected the 10th amendment 's provision of states rights arguing that it did not include the word `` expressly '' unlike the Articles of Confederation , which was replaced by the Constitution , controversy over the authority of the amendment being violated by the decision has existed . Compact theory also argues that the federal government is a creation of the states where the states maintain superiority . Unlike Marshall , his successor , Roger B. Taney , established Dual federalism , where separate but equal branches of government were believed to be a better option .
Precedent
( T ) hat is the way of the common law , the judges preferring to go ' from case to case , like the ancient Mediterranean mariners , hugging the coast from point to point , and avoiding the dangers of the open sea of system or science .
Flint water crisis
The legal doctrines of sovereign immunity ( which protects the state from suit ) and official immunity ( which in Michigan shields top government officials from personal liability , even in cases of gross negligence ) resulted in comparatively few lawsuits being filed in the Flint case , and caused large national plaintiffs ' law firms to be reluctant to become involved with the case .
Joseph McCarthy
No one familiar with the history of this country can deny that congressional committees are useful . It is necessary to investigate before legislating , but the line between investigating and persecuting is a very fine one , and the junior Senator from Wisconsin has stepped over it repeatedly . His primary achievement has been in confusing the public mind , as between the internal and the external threats of Communism . We must not confuse dissent with disloyalty . We must remember always that accusation is not proof and that conviction depends upon evidence and due process of law . We will not walk in fear , one of another . We will not be driven by fear into an age of unreason , if we dig deep in our history and our doctrine , and remember that we are not descended from fearful men -- not from men who feared to write , to speak , to associate and to defend causes that were , for the moment , unpopular .
Gunfight at the O.K. Corral
Several members of the citizen 's vigilance committee offered to support him with arms , but Virgil refused . He had during the prior month appointed Morgan as a Special Policeman . He had also appointed Wyatt as a Special Policeman while Virgil had been in Prescott on business . He had also called on Doc Holliday that morning for help with disarming the Clantons and McLaurys . Wyatt spoke of his brothers Virgil and Morgan as the `` marshals '' while he acted as `` deputy . ''
History of Mexico
Maximilian was a liberal , a fact that Mexican conservatives seemingly did not know when he was chosen to head the government . He favored the establishment of a limited monarchy that would share power with a democratically elected congress . This was too liberal for conservatives , while liberals refused to accept any monarch , considering the republican government of Benito Juárez as legitimate . This left Maximilian with few enthusiastic allies within Mexico . Meanwhile , Juárez remained head of the republican government . He continued to be recognized by the United States , which was engaged in its Civil War ( 1861 -- 65 ) and at that juncture was in no position to aid Juárez directly against the French intervention until 1865 .
Gunfight at the O.K. Corral
Outside the court house where Ike was being fined , Wyatt almost walked into 28 year - old Tom McLaury as the two men were brought up short nose - to - nose . Tom , who had arrived in town the day before , was required by the well - known city ordinance to deposit his pistol when he first arrived in town . When Wyatt demanded , `` Are you heeled or not ? '' , McLaury said he was not armed . Wyatt testified that he saw a revolver in plain sight on the right hip of Tom 's pants . As an unpaid deputy marshal for Virgil , Wyatt habitually carried a pistol in his waistband , as was the custom of that time . Witnesses reported that Wyatt drew his revolver from his coat pocket and pistol whipped Tom McLaury with it twice , leaving him prostrate and bleeding on the street . Saloon - keeper Andrew Mehan testified at the Spicer hearing afterward that he saw McLaury deposit a revolver at the Capital Saloon sometime between 1 : 00 -- 2 : 00 pm , after the confrontation with Wyatt , which Mehan also witnessed .
Gunfight at the O.K. Corral
Many of the rural ranchers and Cowboys resented the growing influence of the city residents over county politics and law enforcement . The ranchers largely maintained control of the country outside Tombstone , due in large part to the sympathetic support of Cochise County Sheriff Johnny Behan , who favored the Cowboys and rural ranchers , and who also grew to intensely dislike the Earps . Behan tended to ignore the Earps ' complaints about the McLaurys ' and Clantons ' horse thieving and cattle rustling . The Earps were known to bend the law in their favor when it affected their gambling and saloon interests , which earned them further enmity with the Cowboy faction .
History of the Knights Templar
The accusation of venerating Baphomet is more problematic . Karen Ralls has noted , `` There is no mention of Baphomet either in the Templar Rule or in other medieval period Templar documents '' . The late scholar Hugh J. Schonfield speculated that the chaplains of the Knights Templar created the term Baphomet through the Atbash cipher to encrypt the Gnostic term Sophia ( Greek for `` wisdom '' ) due to the influence of hypothetical Qumran Essene scrolls , which they may have found during archaeological digs in the Kingdom of Jerusalem .
The People v. O. J. Simpson: American Crime Story
Mark Fuhrman , who is portrayed by Steven Pasquale , refused to watch the series and called his portrayal untruthful . In an interview with New York Post , he said , `` The last 20 years , I have watched the facts dismissed by the media , journalists and the public simply because it does not fit within the politically correct narrative . At this late date , FX is attempting to establish a historical artifact with this series without reaching out to any prosecution sources . In a time when Americans read less and less and investigative journalism is on vacation , it is sad that this movie will be the historical word on this infamous trial . After all , it was ' based on a true story . ' ''
Joseph McCarthy
McCarthy 's judicial career attracted some controversy because of the speed with which he dispatched many of his cases as he worked to clear the heavily backlogged docket he had inherited . Wisconsin had strict divorce laws , but when McCarthy heard divorce cases , he expedited them whenever possible , and he made the needs of children involved in contested divorces a priority . When it came to other cases argued before him , McCarthy compensated for his lack of experience as a jurist by demanding and relying heavily upon precise briefs from the contesting attorneys . The Wisconsin Supreme Court reversed a low percentage of the cases he heard , but he was also censured in 1941 for having lost evidence in a price fixing case .
John C. Calhoun
Eaton took his revenge on Calhoun . In 1830 , reports had emerged accurately stating that Calhoun , as Secretary of War , had favored censuring Jackson for his 1818 invasion of Florida . These infuriated Jackson . For reasons unclear , Calhoun asked Eaton to approach Jackson about the possibility of Calhoun publishing his correspondence with Jackson at the time of the Seminole War . Eaton did nothing . This caused Calhoun to believe that Jackson had approved the publication of the letters . Calhoun published them in the United States Telegraph , a newspaper edited by a Calhoun protégé , Duff Green . This gave the appearance of Calhoun trying to justify himself against a conspiracy to damage him , and further enraged the President .
Book of Revelation
Conventional understanding until recently was that Revelation was written to comfort beleaguered Christians as they underwent persecution at the hands of a megalomaniacal Roman emperor , but much of this has now been jettisoned : Domitian is no longer viewed as a despot imposing an imperial cult , and it is no longer believed that there was any systematic empire - wide persecution of Christians in his time .
Joseph McCarthy
McCarthy remains a controversial figure . Some scholars assert that new evidence -- in the form of Venona - decrypted Soviet messages , Soviet espionage data now opened to the West , and newly released transcripts of closed hearings before McCarthy 's subcommittee -- has partially vindicated McCarthy by showing that many of his identifications of Communists were correct and that the scale of Soviet espionage activity in the United States during the 1940s and 1950s was larger than many scholars suspected . After reviewing evidence from Venona and other sources , historian John Earl Haynes concluded that , of 159 people identified on lists used or referenced by McCarthy , evidence was substantial that nine had aided Soviet espionage efforts . He suggested that a majority of those on the lists could legitimately have been considered security risks , but that a substantial minority could not . Many other scholars , including some generally regarded as conservative , have opposed these views .
United States antitrust law
Parens patriae Hawaii v. Standard Oil Co. of Cal. , 405 U.S. 251 ( 1972 ) state governments do not have a cause of action to sue for consequential loss for damage to their general economies after an antitrust violation is found .
Trent Affair
Wilkes would later claim that he believed that Trent was carrying `` highly important dispatches and were endowed with instructions inimical to the United States . '' Along with the failure of Fairfax to insist on a search of Trent , there was another reason why no papers were found in the luggage that was carried with the diplomats . Mason 's daughter , writing in 1906 , said that the Confederate dispatch bag had been secured by Commander Williams RN , a passenger on Trent , and later delivered to the Confederate envoys in London . This was a clear violation of the Queen 's Neutrality Proclamation .
Two Treatises of Government
Locke did not demand a republic . Rather , Locke felt that a legitimate contract could easily exist between citizens and a monarchy , an oligarchy or some mixed form ( 2nd Tr. , sec. 132 ) . Locke uses the term Common - wealth to mean `` not a democracy , or any form of government , but any independent community '' ( sec. 133 ) and `` whatever form the Common - wealth is under , the Ruling Power ought to govern by declared and received laws , and not by extemporary dictates and undetermined resolutions . '' ( sec 137 )
Athenian democracy
The system showed a marked anti-professionalism . No judges presided over the courts nor did anyone give legal direction to the jurors ; magistrates had only an administrative function and were laymen . Most of the annual magistracies at Athens could only be held once in a lifetime . There were no lawyers as such ; litigants acted solely in their capacity as citizens . Whatever professionalism there was tended to disguise itself ; it was possible to pay for the services of a speechwriter or logographer ( logographos ) , but this may not have been advertised in court . Probably jurors would be more impressed if it seemed as though the litigant were speaking for themselves .
Joseph McCarthy
After two months of hearings and deliberations , the Watkins Committee recommended that McCarthy be censured on two of the 46 counts : his contempt of the Subcommittee on Rules and Administration , which had called him to testify in 1951 and 1952 , and his abuse of General Zwicker in 1954 . The Zwicker count was dropped by the full Senate on the grounds that McCarthy 's conduct was arguably `` induced '' by Zwicker 's own behavior . In place of this count , a new one was drafted regarding McCarthy 's statements about the Watkins Committee itself .
Agatha Christie
Christie 's reputation as `` The Queen of Crime '' was built upon the large number of classic motifs that she introduced , or for which she provided the most famous example . Christie built these tropes into what is now considered classic mystery structure : a murder is committed , there are multiple suspects who are all concealing secrets , and the detective gradually uncovers these secrets over the course of the story , discovering the most shocking twists towards the end . Culprits in Christie 's mysteries have included children , policemen , narrators , already deceased individuals , and sometimes comprise no known suspects ( And Then There Were None ) or all of the suspects ( Murder on the Orient Express ) .
Trent Affair
Everyone was eager to present a legal justification for the capture . The British consul in Boston remarked that every other citizen was `` walking around with a Law Book under his arm and proving the right of the S. Jacintho ( sic ) to stop H.M. 's mail boat . '' Many newspapers likewise argued for the legality of Wilkes ' actions , and numerous lawyers stepped forward to add their approval . Harvard law professor Theophilus Parsons wrote , `` I am just as certain that Wilkes had a legal right to take Mason and Slidell from the Trent , as I am that our government has a legal right to blockade the port of Charleston . '' Caleb Cushing , a prominent Democrat , and former Attorney General ( under Franklin Pierce ) concurred : `` In my judgment , the act of Captain Wilkes was one which any and every self - respecting nation must and would have done by its own sovereign right and power , regardless of circumstances . '' Richard Henry Dana , Jr. , considered an expert on maritime law , justified the detention because the envoys were engaged `` solely ( in ) a mission hostile to the United States , '' making them guilty of `` treason within our municipal law . '' Edward Everett , a former minister to Great Britain and a former Secretary of State , also argued that `` the detention was perfectly lawful ( and ) their confinement in Fort Warren will be perfectly lawful . ''