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The Constitution creates a Federal Government of enumerated powers." For the first time in sixty years the Court found that in creating a federal statute, Congress had exceeded the power granted to it by the Commerce Clause. [citation needed] In National Federation of Independent Business v.
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;
Early in its history, in Marbury v.Madison (1803) and Fletcher v. Peck (1810), the Supreme Court of the United States declared that the judicial power granted to it by Article III of the United States Constitution included the power of judicial review, to consider challenges to the constitutionality of a State or Federal law.
Article I, Section 1 of the U.S. Constitution explains the powers delegated to the federal House of Representatives and Senate.
The Constitution's first three articles embody the doctrine of the separation of powers, in which the federal government is divided into three branches: the legislative, consisting of the bicameral Congress ; the executive, consisting of the president and subordinate officers ; and the judicial, consisting of the Supreme Court and other federal ...
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 ...
Remember that our Constitution is based on delegated powers. If the federal government is not delegated powers and the states are not prohibited, then those powers “…are reserved to the States ...
Many state constitution provisions are equal in breadth to those of the U.S. Constitution, but are considered "parallel" (thus, where, for example, the right to privacy pursuant to a state constitution is broader than the federal right to privacy, and the asserted ground is explicitly held to be "independent", the question can be finally ...