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By law (Section 2.) the president becomes the Commander in Chief of the Army and Navy, Militia of several states when called into service, has power to make treaties and appointments to office "with the Advice and Consent of the Senate," receive Ambassadors and Public Ministers, and "take care that the laws be faithfully executed" (Section 3.)
It also contained three new limits on state power: a state shall not violate a citizen's privileges or immunities; shall not deprive any person of life, liberty, or property without due process of law; and must guarantee all persons equal protection of the laws. These limitations dramatically expanded the protections of the Constitution.
The Court decided that the law was a valid exercise of Congress's enforcement power under the Equal Protection Clause of the Fourteenth Amendment, because it was aimed at remedying state-sponsored discrimination, despite an earlier court finding that a literacy test was not in and of itself a violation of the 14th Amendment.
Lopez (1995), [29] a federal law mandating a "gun-free zone" on and around public school campuses was struck down. The Supreme Court ruled that there was no clause in the Constitution authorizing the federal law. This was the first modern Supreme Court opinion to limit the government's power under the Commerce Clause.
The words "equal justice under law" paraphrase an earlier expression coined in 1891 by the Supreme Court. [7] [8] In the case of Caldwell v.Texas, Chief Justice Melville Fuller wrote on behalf of a unanimous Court as follows, regarding the Fourteenth Amendment: "the powers of the States in dealing with crime within their borders are not limited, but no State can deprive particular persons or ...
He cites four specific limitations on government power. Locke's first limitation specified that governments could only govern according to promulgated established laws , and that all people were equal under the law , regardless of their material or social status, and Locke's second limitation held that laws could only be designed in the name of ...
In United States constitutional law, incorporation is the doctrine by which portions of the Bill of Rights have been made applicable to the states.When the Bill of Rights was ratified, the courts held that its protections extended only to the actions of the federal government and that the Bill of Rights did not place limitations on the authority of the state and local governments.
The Trial of the Seven Bishops also caused Art.1 Bill of Rights (1688), which declared that such suspension of a laws without consent of Parliament, regardless of "plausible pretext" is recognised as being illegal "That the pretended Power of Suspending of Laws or the Execution of Laws by Regall Authority without Consent of Parlyament is illegall."