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Article III of the United States Constitution permits federal courts to hear such cases, so long as the United States Congress passes a statute to that effect. However, when Congress passed the Judiciary Act of 1789, which authorized the newly created federal courts to hear such cases, it initially chose not to allow the lower federal courts to possess federal question jurisdiction for fear ...
For example, a government may want to pass a law contrary to its constitution; the constitution may fail to provide a clear answer for a specific situation; the constitution may be clear but it may be politically infeasible to follow it; the government institutions themselves may falter or fail to live up to what the law prescribes them to be ...
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 ...
to enforce "by appropriate legislation" the Thirteenth, Fourteenth, and Fifteenth Amendments to the United States Constitution (a function of the Constitution's Necessary and Proper clause); [39] to propose, by a two-thirds vote, constitutional amendments for ratification by three-fourths of the states pursuant to the terms of Article V. [38]
The Ineligibility Clause (sometimes also called the Emoluments Clause, [1] or the Incompatibility Clause, [2] or the Sinecure Clause [3]) is a provision in Article 1, Section 6, Clause 2 of the United States Constitution [4] that makes each incumbent member of Congress ineligible to hold an office established by the federal government during their tenure in Congress; [5] it also bars officials ...
The term "constitutional review" is usually characterized as a Civil Law concept, but some of the ideas behind it come from Common Law countries with written constitutions. For instance, the United States was the first country to adopt judicial review based directly on its constitution (see Marbury v.
The Speech or Debate Clause is a clause in the United States Constitution (Article I, Section 6, Clause 1).The clause states that "The Senators and Representatives" of Congress "shall in all Cases, except Treason, Felony, and Breach of the Peace, be privileged from Arrest during their attendance at the Session of their Respective Houses, and in going to and from the same; and for any Speech or ...
The president and judges, including the chief justice of the supreme court and high courts, can be impeached by the parliament before the expiry of the term for violation of the Constitution. Other than impeachment, no other penalty can be given to a president in position for the violation of the Constitution under Article 361 of the constitution.