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The U.S. Constitution achieved limited government through a separation of powers: "horizontal" separation of powers distributed power among branches of government (the legislature, the executive, and the judiciary, each of which provide a check on the powers of the other); "vertical" separation of powers divided power between the federal ...
Another example of the ongoing debate over plenary powers in the U.S. Constitution is the controversy surrounding the Spending Clause (Article I, Section 8, Clause 1). This clause states that the Congress is allowed to "lay and collect Taxes, Duties, Imposts and Excises, to pay the Debts and provide for the common Defence and promote the ...
These include express, implied, and concurrent powers. It uses its express powers to regulate bankruptcies, business between states and other nations, the armed forces, and the National Guard or militia. They also establish all laws necessary and proper for carrying out other powers. In addition to this Congress makes laws for naturalization.
Congress may define the jurisdiction of the judiciary through the simultaneous use of two powers. [1] First, Congress holds the power to create (and, implicitly, to define the jurisdiction of) federal courts inferior to the Supreme Court (i.e. Courts of Appeals, District Courts, and various other Article I and Article III tribunals).
To enforce judicial decisions, the Constitution grants federal courts both criminal contempt and civil contempt powers. Other implied powers include injunctive relief and the habeas corpus remedy. The Court may imprison for contumacy, bad-faith litigation, and failure to obey a writ of mandamus. Judicial power includes that granted by Acts of ...
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 ...
States may be classified by political philosophers as sovereign if they are not dependent on, or subject to any other power or state. Other states are subject to external sovereignty or hegemony where ultimate sovereignty lies in another state. [44] Many states are federated states which participate in a federal union.
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 ...