Cases and Acts of Congress

Cases and Acts of Congress - Cases and Acts of Congress...

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Cases and Acts of Congress Marbury v. Madison (US 1803) - The power of Judicial review - “It is emphatically the province and the duty of the judicial department to say what the law is…the judicial power of the US is extended to all cases arising under the constitution” John Peter Zenger Trial (1734 in New York) - Trial of Seditious Libel - He printed newspapers but he could not speak English. - Royal Governor Cosby put him in jail because he was only 1 of 2 printers in New York. Thought he could silence his critics - Politicians in NY owned the paper and were against Cosby whom was a corrupt crook. - Politicians hired famous lawyer Andrew Hamilton who said, “Why is he being punished for telling the truth” Since seditious libel needs to be a lie how can they punish him? - Early example of “jury nullification” the power of a jury in a criminal case to ignore a law and return a verdict according to its conscience - Although it did not set a legal precedent but there was no record of a successful prosecution in the colonial courts after this case The Alien and Sedition Acts of 1798 - Dealt with aliens, extending the period of residence prior to naturalization and giving the president extraordinary powers to detain and deport these noncitizen residents of the US. - A sedition law forbade false, scandalous and malicious publications against the US government, Congress and the president - Was later aimed squarely at the Jeffersonian political newspapers whom were relentless in their attacks on President Adams - Jefferson wanted to have a treaty with France instead of England because they helped us during the revolutionary war. - Aliens were siding with Jefferson and the Sedition Act expired in 1801 once Jefferson was elected president. The Espionage and Sedition Acts - Espionage Act – A law adopted by Congress in 1917 o Dealt primarily with the espionage problems but parts were aimed expressly at dissent and opposition to the war o It was a crime to willfully convey a false report with the intent to interfere with the war effort. cause or attempt to cause insubordination, disloyalty, mutiny or refusal of duty in the armed forces
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willfully obstruct the recruiting or enlistment service (no picketing or protesting outside) Material violating the law could not be mailed - Sedition Act of 1918 – An amendment to the Espionage Act o Made it a crime to Attempt to obstruct the recruiting service Utter or print or write or publish disloyal or profane language that was intended to cause contempt of, or scorn for, the federal government, the Constitution, the flag or uniform of armed forces o It severely limited criticism of the government and criticism of U.S. participation in the European war.
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This note was uploaded on 03/18/2008 for the course COMM 403 taught by Professor Halstuk during the Spring '08 term at Penn State.

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Cases and Acts of Congress - Cases and Acts of Congress...

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