Saturday, March 21, 2020

US Federal Court System Primer

US Federal Court System Primer Often called the guardians of the Constitution, the U.S. federal court system exists to fairly and impartially interpret and apply the law, resolve disputes and, perhaps most importantly, to protect the rights and liberties guaranteed by the Constitution. The courts do not make the laws. The Constitution delegates making, amending and repealing federal laws to the U.S. Congress. Federal Judges Under the Constitution, judges of all federal courts are appointed for life by the president of the United States, with the approval of the Senate. Federal judges can be removed from office only through impeachment and conviction by Congress. The Constitution also provides that the pay of federal judges shall not be diminished during their Continuance in Office. Through these stipulations, the Founding Fathers hoped to promote the independence of the judicial branch from the executive and legislative branches. Composition of the Federal Judiciary The very first bill considered by the U.S. Senate the Judiciary Act of 1789 divided the country into 12 judicial districts or circuits. The court system is further divided into 94 eastern, central and southern districts geographically across the country. Within each district, one court of appeals, regional district courts and bankruptcy courts are established. The Supreme Court Created in Article III of the Constitution, the Chief Justice and eight associate justices of the Supreme Court hear and decide cases involving important questions about the interpretation and fair application of the Constitution and federal law. Cases typically come to the Supreme Court as appeals to decisions of lower federal and state courts. The Courts of Appeals Each of the 12 regional circuits has one U.S. court of Appeals that hears appeals to decisions of the district courts located within its circuit and appeals to decisions of federal regulatory agencies. The Court of Appeals for the Federal Circuit has nationwide jurisdiction and hears specialized cases like patent and international trade cases. The District Courts Considered the trial courts of the federal judicial system, the 94 district courts, located within the 12 regional circuits, hear practically all cases involving federal civil and criminal laws. Decisions of the district courts are typically appealed to the districts court of appeals. The Bankruptcy Courts The federal courts have jurisdiction over all bankruptcy cases. Bankruptcy cannot be filed in state courts. The primary purposes of the law of bankruptcy are: (1) to give an honest debtor a fresh start in life by relieving the debtor of most debts, and (2) to repay creditors in an orderly manner to the extent that the debtor has property available for payment. Special Courts Two special courts have nationwide jurisdiction over special types of cases: U.S. Court of International Trade - hears cases involving U.S. trade with foreign countries and customs issues U.S. Court of Federal Claims - considers claims for monetary damages made against the U.S. government, federal contract disputes and disputed takings or claiming of land by the federal government Other special courts include: Court of Appeals for Veterans ClaimsU.S. Court of Appeals for the Armed Forces

Wednesday, March 4, 2020

Slave Revolts in Ancient Italy

Slave Revolts in Ancient Italy According to Barry Strauss in * prisoners of war enslaved at the end of the Second Punic War rebelled in 198 B.C. This slave uprising in central Italy is the first reliable report of one, although it was surely not the first actual slave uprising. There were other slave uprisings in the 180s. These were small; however, there were 3 major slave revolts in Italy between 140 and 70 B.C. These 3 uprisings are called the Servile Wars since the Latin for slave is servus. First Sicilian Slave Revolt One leader of the slave revolt in 135 B.C., was a freeborn slave named Eunus, who adopted a name familiar from the region of his birth- Syria. Styling himself King Antiochus, Eunus was reputed to be a magician and led the slaves of the eastern section of Sicily. His followers wielded farm implements until they could capture decent Roman weapons. At the same time, in the western part of Sicily, a slave manager or vilicus named Kleon, also credited with religious and mystical powers, gathered slave troops under him. It was only when a slow-moving Roman senate dispatched the Roman army, that it was able to end the long slave war. The Roman consul who succeeded against the slaves was Publius Rupilius. By the 1st century B.C., roughly 20% of the people in Italy were slaves- mostly agricultural and rural, according to Barry Strauss. The sources for such a large number of slaves were military conquest, slave traders, and pirates who were particularly active in the Greek-speaking Mediterranean from c. 100 B.C. Second Sicilian Slave Revolt A slave named Salvius led slaves in the east of Sicily; while Athenion led the western slaves. Strauss says a source on this revolt claims the slaves were joined in their lawlessness by impoverished freeman. Slow action on the part of Rome again permitted the movement to last four years. The Revolt of Spartacus 73-71 B.C. While Spartacus was a slave, as were the other leaders of the earlier slave revolts, he was also a gladiator, and while the revolt centered in Campania, in southern Italy, rather than Sicily, many of the slaves who joined the movement were much like the slaves of the Sicilian revolts. Most of the southern Italian and Sicilian slaves worked in the latifundia plantations as agricultural and pastoral slaves. Again, local government was inadequate to handle the revolt. Strauss says Spartacus defeated nine Roman armies before Crassus defeated him.