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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;
The amendment states that the federal government has only those powers specifically granted by the Constitution. These powers include the power to declare war, to collect taxes, to regulate interstate business activities and others that are listed in the articles or in subsequent constitutional amendments.
Separation of powers is a political doctrine originating in the writings of Charles de Secondat, Baron de Montesquieu in The Spirit of the Laws, in which he argued for a constitutional government with three separate branches, each of which would have defined authority to check the powers of the others.
The Separation of Powers devised by the founding fathers was primarily designed to prevent the majority from ruling with an iron fist. [72] Based on their experience, the framers shied away from giving any branch of the new government too much power. The separation of powers provides a system of shared power known as "checks and balances". For ...
The constitutional law of the United States is the body of law governing the interpretation and implementation of the United States Constitution.The subject concerns the scope of power of the United States federal government compared to the individual states and the fundamental rights of individuals.
The Constitution also grants Congress power "To make Rules for the Government and Regulation of the land and naval Forces." Some proponents of the theory think that, "at a minimum, the President should be able to remove all executive-branch officers, including the heads of independent regulatory agencies, at any time and for any reason."
Definition National government: The government of a nation-state and is a characteristic of a unitary state. This is the same thing as a federal government which may have distinct powers at various levels authorized or delegated to it by its member states, though the adjective 'central' is sometimes used to describe it. The structure of central ...