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The United States Constitution and its amendments comprise hundreds of clauses which outline the functioning of the United States Federal Government, the political relationship between the states and the national government, and affect how the United States federal court system interprets the law. When a particular clause becomes an important ...
The Fourteenth Amendment (Amendment XIV) to the United States Constitution was adopted on July 9, 1868, as one of the Reconstruction Amendments.Usually considered one of the most consequential amendments, it addresses citizenship rights and equal protection under the law and was proposed in response to issues related to formerly enslaved Americans following the American Civil War.
The Ineligibility Clause (sometimes also called the Emoluments Clause, [1] or the Incompatibility Clause, [2] or the Sinecure Clause [3]) is a provision in Article 1, Section 6, Clause 2 of the United States Constitution [4] that makes each incumbent member of Congress ineligible to hold an office established by the federal government during their tenure in Congress; [5] it also bars officials ...
Interpretation of the Necessary and Proper Clause has been controversial, especially during the early years of the country. Strict constructionists interpret the clause to mean that Congress may make a law only if the inability to do so would cripple its ability to apply one of its enumerated powers.
In 1864, during the Civil War, an effort to repeal this clause of the Constitution failed. The vote in the House was 69 for repeal and 38 against, which was short of the two-to-one vote required to amend the Constitution. [5] This clause was rendered mostly moot when the Thirteenth Amendment abolished involuntary servitude.
The meaning of the Equal Protection Clause has been the subject of much debate, and inspired the well-known phrase "Equal Justice Under Law". This clause was the basis for Brown v. Board of Education (1954), the Supreme Court decision that helped to dismantle racial segregation. The clause has also been the basis for Obergefell v.
In the federal circuit court case of Corfield v.Coryell, [1] Justice Bushrod Washington wrote in 1823 that the protections provided by the clause are confined to privileges and immunities which are, "in their nature, fundamental; which belong, of right, to the citizens of all free governments; and which have, at all times, been enjoyed by the citizens of the several states which compose this ...
In the case of the United States Government, implied powers are powers Congress exercises that the Constitution does not explicitly define, but are necessary and proper to execute the powers. The legitimacy of these Congressional powers is derived from the Taxing and Spending Clause, the Necessary and Proper Clause, and the Commerce Clause.