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Also, in addition to both clauses being used to uphold federal laws that affect economic activity, they also were used to justify federal criminal laws as well. [12] For example, Congress in the Federal Kidnapping Act (1932) made it a federal crime to transport a kidnapped person across state lines because the transportation would be an act of ...
The Madisonian model is a structure of government in which the powers of the government are separated into three branches: executive, legislative, and judicial. This came about because the delegates saw the need to structure the government in such a way to prevent the imposition of tyranny by either majority or minority.
The doctrine of necessity is the basis on which extraordinary actions by administrative authority, which are designed to restore order or uphold fundamental constitutional principles, are considered to be lawful even if such an action contravenes established constitution, laws, norms, or conventions.
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 arguments, compromise means finding agreement through communication, through a mutual acceptance of terms—often involving variations from an original goal or desires. Defining and finding the best possible compromise is an important problem in fields like game theory and the voting system.
In Federalist No. 80, Hamilton rejected the idea that each state may apply its own interpretation of the Constitution: "The mere necessity of uniformity in the interpretation of the national laws, decides the question. Thirteen independent courts of final jurisdiction over the same causes, arising upon the same laws, is a hydra in government ...
[f] The Supreme Court will decide Constitutional issues of state law only on a case-by-case basis, and only by strict Constitutional necessity, independent of state legislators' motives, their policy outcomes or its national wisdom. [g] Section 3 bars Congress from changing or modifying Federal law on treason by simple majority statute.
Due to the 1875 and 1891 court decisions establishing basic definition, in the first version (1892) of the Pledge of Allegiance, which included the word republic, and like Article IV which refers to a Republican form of government, the basic definition of republic is implied and continues to be so in all subsequent versions.