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The independent state legislature theory or independent state legislature doctrine (ISL) is a judicially rejected legal theory that posits that the Constitution of the United States delegates authority to regulate federal elections within a state to that state's elected lawmakers without any checks and balances from state constitutions, state courts, governors, ballot initiatives, or other ...
In McCulloch ' s case, state law had attempted to impose these restrictions on the Second Bank of the United States. [2] The Court found that if a state had the power to tax a federally incorporated institution, then the state effectively had the power to destroy the federal institution, thereby thwarting the intent and purpose of Congress.
A directorial republic is a government system with power divided among a college of several people who jointly exercise the powers of a head of state and/or a head of government. Merchant republic: In the early Renaissance, a number of small, wealthy, trade-based city-states embraced republican ideals, notably across Italy and the Baltic.
Legitimacy is "a value whereby something or someone is recognized and accepted as right and proper". [6] In political science, legitimacy has traditionally been understood as the popular acceptance and recognition by the public of the authority of a governing régime, whereby authority has political power through consent and mutual understandings, not coercion.
While each of the state governments within the United States holds legal and administrative jurisdiction within its bounds, [3] they are not sovereign in the Westphalian sense in international law which says that each state has sovereignty over its territory and domestic affairs, to the exclusion of all external powers, on the principle of non ...
(The other states, however, did not follow suit and several rejected the notion that states could nullify federal law.) According to this theory, the federal union is a voluntary association of states, and if the central government goes too far each state has the right to nullify that law. As Jefferson said in the Kentucky Resolutions:
That Section 4(1) of the Government of Ireland Act 1920 as Enacted stated "Subject to the provisions of this Act, the Parliament of Southern Ireland and the Parliament of Northern Ireland shall respectively have power to make laws for the peace, order, and good government of Southern Ireland and Northern Ireland with the following limitations ...
The defining example of the Necessary and Proper Clause in U.S. history was McCulloch v. Maryland in 1819. The United States Constitution says nothing about establishing a national bank. The U.S. government established a national bank that provided part of the government's initial capital.