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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.)
Though equality under the law is an American legal tradition arguably dating to the Declaration of Independence, [5] formal equality for many groups remained elusive. Before passage of the Reconstruction Amendments, which included the Equal Protection Clause, American law did not extend constitutional rights to black Americans. [6]
Term Description Examples Autocracy: Autocracy is a system of government in which supreme power (social and political) is concentrated in the hands of one person or polity, whose decisions are subject to neither external legal restraints nor regularized mechanisms of popular control (except perhaps for the implicit threat of a coup d'état or mass insurrection).
[2] [3] The principle of equality before the law is incompatible with and does not exist within systems incorporating legal slavery, servitude, colonialism, or monarchy. Article 7 of the Universal Declaration of Human Rights (UDHR) states: "All are equal before the law and are entitled without any discrimination to equal protection of the law". [1]
National Foreign Trade Council, 530 U.S. 363 (2000), that even when a state law is not in direct conflict with a federal law, the state law could still be found unconstitutional under the Supremacy Clause if the "state law is an obstacle to the accomplishment and execution of Congress's full purposes and objectives". [30]
Evatt held that laws dealing only with circumstances, persons or things outside of New Zealand, while not prima facie invalid could, in some cases, fail to satisfy the description of being for the peace, order and good government of New Zealand. A law that failed to satisfy that description would be beyond legislative power and invalid, but ...
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."
"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.