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The Federalist Papers, as a foundation text of constitutional interpretation, are frequently cited by U.S. jurists, but are not law. Of all the essays, No. 78 is the most cited by the justices of the United States Supreme Court. Federalist No. 78 quotes Montesquieu: "Of the three powers [...], the judiciary is next to nothing." There was little ...
National Foreign Trade Council, 530 U.S. 363 (2000), that even when a state law is not in direct conflict with a federal law, the state law could still be found unconstitutional under the Supremacy Clause if the "state law is an obstacle to the accomplishment and execution of Congress's full purposes and objectives". [30]
The United States Constitution and its amendments comprise hundreds of clauses which outline the functioning of the United States Federal Government, the political relationship between the states and the national government, and affect how the United States federal court system interprets the law. When a particular clause becomes an important ...
In an unsparing dissent, Justice Sonia Sotomayor said the Supreme Court allowed a president to become a “king above the law” in its ruling that limited the scope of criminal charges against ...
The basic theory of American judicial review is summarized by constitutional legal scholars and historians as follows: the written Constitution is fundamental law within the states. It can change only by extraordinary legislative process of national proposal, then state ratification. The powers of all departments are limited to enumerated ...
“The text of the Constitution … does not afford the President absolute immunity,” Thomas wrote in 2020. Commentators had speculated about why the court took up the case in the first place.
By using these words, the Constitution does not require the president to personally enforce the law; rather, officers subordinate to the president may perform such duties. The Constitution empowers the president to ensure the faithful execution of the laws made by Congress and approved by the President.
In 2006, Judge Richard Posner of the United States Court of Appeals for the Seventh Circuit and professor at the University of Chicago Law School, wrote a book called Not a Suicide Pact: The Constitution in a Time of National Emergency. [7] [8] Posner's position [clarification needed] has drawn both critical opposition [8] and support. [9]