While some have argued that the Declaration of Independence is part of the “organic law” of the U.S., the prevalent view is that the Declaration is not a legal document. It did not create a new government or enact any laws, … Continue reading
Category Archives: Legal Fact of the Week
While George Washington is known as the first president of the U.S., there were 8 “presidents of the United States in Congress Assembled” appointed under the Articles of Confederation and Perpetual Union, between 1781-1789. The name of only one of these is … Continue reading
The Massachusetts delegation was deeply divided over ratifying the Constitution and was dominated by anti-federalists. The “Massachusetts compromise” to introduce amendments, led by John Hanckock and Samual Adams, convinced states such as New York, New Hampshire and Virginia to vote to … Continue reading
The Massachusetts Constitution is the world’s oldest continuously-operative constitution, having been approved in 1780 (9 years before the U.S. Constitution). Its principal author was John Adams, who insisted the state be referred to as a ‘commonwealth’. It was also the … Continue reading
Clients subpoenaed to testify before a grand jury–whether as witnesses or suspects–are not entitled to be represented by counsel as the Sixth Amendment is not applicable to grand jury proceedings. As these are “closed” sessions, a witness or suspect wishing to have … Continue reading
Approved by Congress in 1810 as a proposed 13th Amendment, the Titles of Nobility Amendment was designed to strip U.S. citizenship from any citizen who accepted an aristocratic title from a foreign country. Ratified by tweleve states (the last in 1812) … Continue reading
The U.S. Bill of Rights was inspired by several documents including the U.K.’s Bill of Rights passed in 1689. This Act set out certain basic rights, including: no royal interference with the law; freedom to petition the monarch with grievances; … Continue reading
Twenty-three states and the District of Columbia have legalized cannabis for medical use, with legislation pending in three more states. Massachusetts legalized medical marijuana in 2012 as a result of a ballot measure approved by 63% of state voters.
In Anglo-Saxon England the chief magistrate of a district (or “shire”) was known as the “reeve”. The shire-reeve eventually became known as “sheriff”, or the main law enforcement officer of a county, and was used in the U.S. from the … Continue reading
The first suspension of habeas corpus in the U.S. was by Abraham Lincoln in April 1861 in order to protect a railroad route between Annapolis and Philadelphia which pro-Confederate forces were threatening to destroy. His action was overturned by the U.S. … Continue reading
The Seventeenth Amendment, ratified in 1913, provides for the direct election of members of the Senate by popular vote in each state, and also allows governors to make temporary appointments until a special election is held to fill vacancies. Originally, members of … Continue reading
Barrister derives its medieval origins from the word bar, referring to the wooden barrier that commonly stood near the front of the courtroom that separated spectators from judges, lawyers, court officers and parties. People admitted to practice were said to have been called … Continue reading