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"Consent of the governed" is a phrase found in the 1776 United States Declaration of Independence, written by Thomas Jefferson.. Using thinking similar to that of John Locke, the founders of the United States believed in a state built upon the consent of "free and equal" citizens; a state otherwise conceived would lack legitimacy and rational-legal authority.
Justice Sandra Day O'Connor wrote that the federal government can encourage the states to adopt certain regulations through the spending power (e.g. attach conditions to the receipt of federal funds, see South Dakota v. Dole, [22]) or through the commerce power (directly pre-empt state law). However, Congress cannot directly compel states to ...
One of these powers is called the express powers. These powers are expressly given, in the Constitution, to each branch of government. Another power is the implied powers. These powers are those that are necessary to perform expressed powers. There are also inherent and concurrent powers. Inherent powers are those that are not found in the ...
On the other hand, courts will not interpret the Preamble to give the government powers that are not articulated elsewhere in the Constitution. United States v. Kinnebrew Motor Co. [23] is an example of this. In that case, the defendants were a car manufacturer and dealership indicted for a criminal violation of the National Industrial Recovery ...
A phrase used by U.S. President James Madison to describe the representative, federal, political system of government constructed by the U.S. Constitution, in particular the partnership between the individual states and the central government, each of which is imbued with certain separate sovereign powers but also acts as a check and balance ...
In idiomatic English, "the powers that be" is a phrase used to refer to those individuals or groups who collectively hold authority over a particular domain. [1] Within this phrase, the word be is an archaic variant of are rather than a subjunctive be .
The enumerated powers (also called expressed powers, explicit powers or delegated powers) of the United States Congress are the powers granted to the federal government of the United States by the United States Constitution. Most of these powers are listed in Article I, Section 8.
Among the powers specifically given to Congress in Article I Section 8, are the following: 1. To lay and collect taxes, duties, imposts and excises, to pay the debts and provide for the common defense and general welfare of the United States; but all duties, imposts and excises shall be uniform throughout the United States; 2.