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Concurrent powers can therefore be divided into two kinds: those not generally subject to federal pre-emption, such as the power to tax private citizens, and other concurrent powers. [2] In the United States, examples of the concurrent powers shared by both the federal and the state governments include the powers to tax, to spend, and to create ...
One of these powers is called the express powers. These powers are expressly given, in the Constitution, to each branch of government. Another power is the implied powers. These powers are those that are necessary to perform expressed powers. There are also inherent and concurrent powers.
The enumerated powers listed in Article One include both exclusive federal powers, as well as concurrent powers that are shared with the states, and all of those powers are to be contrasted with reserved powers that only the states possess. [2] [3]
Section 3 grants Congress the power "to declare the Punishment of Treason, but no Attainder of Treason shall work Corruption of Blood, or Forfeiture except during the Life of the Person at-tainted." Article Four Section 3 gives Congress the power to admit new states into the Union. It also grants Congress the power "to dispose of and make all ...
The power to tax is a concurrent power of the federal government and the individual states. [8] The taxation power has been perceived over time to be very broad, but has also, on occasion, been curtailed by the courts. [9] United States v.
The issue of exclusivity seems to have been resolved in favour of the concurrent legislative power approach. That is, as with other powers in section 51, states can continue to legislate subject to inconsistency with Commonwealth legislation (Constitution s 109). [4]
According to the Supremacy Clause (Article VI, clause 2) of the United States Constitution, . This Constitution, and the Laws of the United States which shall be made in Pursuance thereof; and all Treaties made, or which shall be made, under the Authority of the United States, shall be the Supreme law of the land; and the Judges in every State shall be bound thereby, any Thing in the ...
For example, Congress in the Federal Kidnapping Act (1932) made it a federal crime to transport a kidnapped person across state lines because the transportation would be an act of interstate activity over which the Congress has power. It has also provided justification for a wide range of criminal laws relating to interference with the federal ...