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The Court explained that these delegations limit a federal court's ability to review the agency's interpretation of the law. [ 14 ] The power of an administrative agency to administer a congressionally created program necessarily requires the formulation of policy and the making of rules to fill any gap left, implicitly or explicitly, by Congress.
Early in its history, in Marbury v.Madison (1803) and Fletcher v. Peck (1810), the Supreme Court of the United States declared that the judicial power granted to it by Article III of the United States Constitution included the power of judicial review, to consider challenges to the constitutionality of a State or Federal law.
Under rational basis review, it is "entirely irrelevant" what end the government is actually seeking and statutes can be based on "rational speculation unsupported by evidence or empirical data". [9] Rather, if the court can merely hypothesize a "legitimate" interest served by the challenged action, it will withstand rational basis review. [10]
Article Six of the United States Constitution establishes the laws and treaties of the United States made in accordance with it as the supreme law of the land, forbids a religious test as a requirement for holding a governmental position, and holds the United States under the Constitution responsible for debts incurred by the United States under the Articles of Confederation.
In 1990, Judge Bruce Van Sickle and attorney Lynn M. Boughey compiled a list from the Congressional Record of state applications for an Article V Convention in the Hamline Law Review. Photocopies of the relevant sections of the Congressional Record have are available through Friends of the Article V Convention (FOAVC) for the gap in the ...
According to a 2012 study by David Law and Mila Versteeg published in the New York University Law Review, the U.S. Constitution guarantees relatively few rights compared to the constitutions of other countries and contains fewer than half (26 of 60) of the provisions listed in the average bill of rights.
These include arguments that the major questions doctrine is a symptom of "judicial self-aggrandizement," [4] that it is inconsistent with both textualism and originalism, [5] and that it is at odds with normal tools of statutory interpretation. [6] In an article for the Harvard Law Review summarizing this transformation in the major questions ...
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;