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Generally, however, will is far more common than shall. Use of shall is normally a marked usage, typically indicating formality or seriousness and (if not used with a first person subject) expressing a colored meaning as described below. In most dialects of English, the use of shall as a future marker is viewed as archaic. [9]
The judicial branch of government holds powers as well. They have the ability to use express and concurrent powers to make laws and establish regulations. They use express powers to interpret laws and perform judicial review. Implied powers are used by this branch to declare laws that were previously passed by a lower court unconstitutional.
[52] [53] [54] The document, originally intended as a revision of the Articles of Confederation, instead introduced a completely new form of government. [55] [56] [57] While members of Congress had the power to reject it, they voted unanimously on September 28 to forward the proposal to the thirteen states for their ratification.
Article I, Section 8 of the United States Constitution: . The Congress shall have Power To lay and collect Taxes, Duties, Imposts and Excises, to pay the Debts and provide for the common Defence and general Welfare of the United States; but all Duties, Imposts and Excises shall be uniform throughout the United States;
This is of course false. Speakers who rarely use shall would find the relacement "will" in a sentence such as "it will rain today" with "shall" strange ("it shall rain today"). These are not interchangeable words. Also I think comment should be made on the use of "shall" in protasis. It's explained in Fowler's article on Shall versus Will.
"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.
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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;