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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.
One congressional power is oversight of other branches of the government. In the early 1970s, the Senate investigated the activities of President Richard Nixon regarding Watergate which led to the president's resignation. One of the foremost legislative functions of the Congress is the power to investigate and to oversee the executive branch.
Concurrent powers can therefore be divided into two kinds: those not generally subject to federal pre-emption, such as the power to tax private citizens, and other concurrent powers. [2] In the United States, examples of the concurrent powers shared by both the federal and the state governments include the powers to tax, to spend, and to create ...
Dole, [22]) or through the commerce power (directly pre-empt state law). However, Congress cannot directly compel states to enforce federal regulations. In Printz v. United States (1997), [23] the Court ruled that part of the Brady Handgun Violence Prevention Act violated the Tenth Amendment. The act required state and local law enforcement ...
The Territorial Clause gives Congress the power to make rules for disposing of federal property and governing non-state territories of the United States. Finally, the fourth section of Article Four requires the United States to guarantee to each state a republican form of government and to protect them from invasion and violence.
A legislature generally performs state duties for a state in the same way that the United States Congress performs national duties at the national level. Generally, the same system of checks and balances that exists at the federal level also exists between the state legislature, the state executive officer (governor) and the state judiciary.
The cases involve what has come to be known as the "administrative state," the agency bureaucracy that interprets laws, crafts federal rules and implements executive action. The court's ...
The presidential clemency power extends only to federal crimes, and not to state crimes. [26] The president has informal powers beyond their formal powers. For example, the president has major agenda-setting powers to influence lawmaking and policymaking, [27] and typically has a major role as the leader of their political party. [28]