Search results
Results from the WOW.Com Content Network
[58] [59] Under the process outlined in Article VII of the proposed Constitution, the state legislatures were tasked with organizing "Federal Conventions" to ratify the document. This process ignored the amendment provision of the Articles of Confederation which required unanimous approval of all the states.
A State Supreme Court, other than of its own accord, is bound only by the U.S. Supreme Court's interpretation of federal law, but is not bound by interpretation of federal law by the federal court of appeals for the federal circuit in which the state is included, or even the federal district courts located in the state, a result of the dual ...
Federal jurisdiction refers to the legal scope of the government's powers in the United States of America.. The United States is a federal republic, governed by the U.S. Constitution, containing fifty states and a federal district which elect the President and Vice President, and having other territories and possessions in its national jurisdiction.
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]
The term "tripartite system" is commonly ascribed to French Enlightenment political philosopher Montesquieu, although he did not use such a term but referred to the "distribution" of powers. In The Spirit of Law (1748), [ 17 ] Montesquieu described the various forms of distribution of political power among a legislature , an executive , and a ...
Six subsequent states were never an organized territory of the federal government, or part of one, before being admitted to the Union. Three were set off from an already existing state: Kentucky (1792, from Virginia), [7] [8] [9] Maine (1820, from Massachusetts), [7] [8] [9] and West Virginia (1863, from Virginia).
A constitutional institution, constitutional body or constitutional organ is a government institution created by a constitution.As these institutions derives its powers, duties and responsibilities directly from the constitution, which is harder to be amended by legislature compared to sub-constitutional laws, their status is rather more stable and independent than institutions created by sub ...
The United States Supreme Court under Chief Justice John Marshall played an important role in defining the power of the federal and state governments during the early 19th century. As the U.S. Constitution does not specifically define many dividing lines between the layers of government, the Supreme Court settled the issue in New York.