What are the different categories of powers granted by the Constitution? The different categories of power granted by the Constitution are the delegated powers, implied powers, and reserved powers. What is the elastic clause? What is its constitutional basis? The elastic clause is also known as the necessary and proper clause because it stretches national government authority. The final clause of Section 8 authorizes Congress to make all laws necessary and proper for carrying out the delegated powers. The constitutional basis of the elastic clause is under the final paragraph of Article I, Section 8. It enables the Congress to pass special laws to demand other sections of the government to pursue legal actions on particular claims. After having …show more content…
Maryland 1819 - Marshall denied a state right to tax a national bank. This was a significant Court declaration of national power. Barron v. Baltimore 1833 - Ruled that state governments could not seize property without compensation. Dred Scott V. Sanford 1857 - ruled that Congress did not have the power to prohibit slavery in the territories. Are the supporters of the states’ rights doctrine in favor of a narrow or broad interpretation of the implied powers doctrine? Why do you need to be a member? The supporters of the states’ rights doctrine are in favor of a narrow interpretation of the implied powers doctrine. This is because a narrow interpretation limits the range of federal power, which keeps more independence for the states individually. Based on what we studied in class, is the U.S. Congress allowed to adopt laws making distinction/classification among people? When does the U.S. Supreme Court use strict judicial scrutiny? The U.S. Congress is allowed to adopt laws making distinction/classification among people. At the same time, the adopted laws have to abide by the rules stated in the Constitution (specifically to the Fourteenth Amendment). The Fourteenth Amendment limits the government from refusing to give equal rights to people. An example of this is the Jim Crow Laws that we discussed in class. These laws enforce segregation and discrimination against African Americans dealing with schools, transportation, bathrooms, etc. The Jim Crow Laws promote
The same things go to the three branches of government; they don't have too much power because of checks and balances. So each branch has its own powers split evenly. This is another reason why separation of powers protect America from tyranny. Checks and balances help protect America from tyranny. Checks and balances protect America because each branch can cancel out one another.
The United States Bill of Rights came into being as a result of a promise made by the Fathers of Confederation to the states during the struggle for ratification of the Constitution in 1787-88. A great number of the states made as a condition for their ratification, the addition of amendments, which would guarantee citizens protection of their rights against the central government. Thus, we have a rather interesting situation in which the entrenchment of a bill of rights in the American Constitution was done by the virtual demand of the states, they themselves fearing a central government which was not legally constrained and restricted as far as its powers were concerned.
The court determines whether on not an action is constitutional or not through the process of judicial review. Not only do they keep the Legislative and Executive branch in line, they keep other courts in line. Many and very few cases require the Supreme Court to review and overturn decision. Example are the Miranda v. Arizona cases where the police was in the wrong by violating Miranda’s Fifth and Sixth Amendment therefore ruling in Miranda’s favor. Also the Weeks v. United States case was an example of the Fourth and Fifth Amendment being violated was again ruling in the defendent’s favour. Finally, the Plessey v. Furguson case was a little different really displaying the courts power to interpret laws and ruling in the prosecuter’s favour. The Judicial Branch is certainly not the weakest branch and has a more important role than many people
1. Our great country was founded upon a high set of principles, values, and laws. Many of these are easily seen when looking at the United States constitution. The first ten amendments are what is commonly known as the Bill of Rights. This is good and all, but until the fourteenth amendment was passed, the Bill of Rights only was applied to the Federal government. The 14th amendment has a clause that says, "no state shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States." The Supreme Court ruled against “Total Incorporation”, but instead ruled in favor of “Selective Incorporation”. This meaning that the Supreme Court would define the constitutionality of the treatment of a citizen by the state.
The United States government is based around our Constitution. One of the most important pieces to U.S. Constitution is what lies in Article. I. Section. 8. Here is a list of powers granted to congress through the Constitution, known as the Enumerated Powers or Granted Powers, stating what congress can enforce on the nation as a whole. Examples of these powers include, the ability to lay and collect taxes, to pay debts, provide common defense/ declare war, provide for the general welfare, and the power to regulate commerce. Valuable topics to understand when reviewing the Enumerated Powers that are granted to the United States Congress are how federalism and Federalists are tied into congress 's constitutional powers and the meaning and
Marbury v. Madison, which established the power of judicial review for the Supreme Court, changed the course of American history. This power to review legislation that congress has passed and possibly deem it unconstitutional has had a profound impact on American society. This power provides a check on the Legislative branch, but it also lends itself to an important debate over when the Court can and should use this power. Should the court use this power to increase the power of the national government, something many call judicial activism? Or should this power be used to curtail national legislative power and increase the liberties given to individuals? During the period around the Great Depression, the court dealt with many economic cases regarding these questions, and at first glance, it appears that they did not seem to favor either the government or the individual. Looking closer, however, one sees that the cases that side with the individual struck down legislation that interfered with the commerce clause or police power. When legislation invoking either of the aforementioned clauses was provided, the Supreme Court tended to side with the Government over the individual, as seen in the cases Munn v. Illinois, National Relations Board v. Jones, and Wickard v. Filburn. When the legislation provided had no business with the commerce clause or police power, such as in Adkins v. Children’s Hospital, the court had no choice but to side with the individual.
The 14th Amendment had far-reaching consequences on the American constitution and there were several aspects that were deeply influenced by the tenets of this Amendment. One of these was the shift of focus from federal courts to state courts. The federal nature of the US government shifted its focus to the role and significance of states in protecting the rights of its citizens and safeguarding the laws for effective implementation of equal disposition of legal rights to all citizens. Prior to the 14th Amendment the Bill of Rights held the federal courts responsible for safeguarding laws at both federal and state level. With the passing of the 14th Amendment, the state courts were made responsible for ensuring that all citizens received equal rights (NALEO, 2).
...ers. It also defined what power a state has over a legitimate federal institution. For example, a state may not use its power to impede the operation of a federal institution by taxing its activities, but still has the authority to collect property tax from a federal institution.
There are the judicial branch, the executive branch and the legislative branch. The powers of the branches are all divided by the constitution, which is called the separation of powers.
The Constitution of the United States of America was too vague to work. The way the constitution was written it gave power to four parts: the congress, the executive branch, the judicial branch, and the states. Because it was so vague it did not really define which powers went where (with a few exceptions).
To begin with, in the US Constitution according to Document F, there are three powers of government. This idea was adopted from Charles Montesquieu’s theory that the best way to run a government was to have a balance of power among
The opposing argument serves as a perfect gateway to the topic of relationship between Federal and State government. In the United States, the Supremacy Clause serves...
All of the branches have a unique power from the rest of them. At times each branch has over come the other branches. The judicial branch has the supreme court which decides what laws to pass. The Legislative makes laws
In the play Fences by August Wilson and the novel The Great Gatsby by F. Scott Fitzgerald, the theme of betrayal pervades the narrative that showcases characters who embody a sense of disloyalty. Tom Buchanan and Troy Maxson share a similarity in their actions, as they both betray those closest to them. This is important because disloyalty can tear a family apart for generations without the ability to reconnect, and it shows the true light of these characters and creates a personality you can never erase. Tom and Troy both go against their loved ones, which eventually leads to the tearing down of their families as well as relationships. In The Great Gatsby, Tom Buchanan's action caused non-fixable damage to his family and friendships, in his disregard for his wife
First, delegated power is especially stated in the federal government that controls coining money, declaring war, control armies, etc(as