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Early in its history, in Marbury v.Madison (1803) and Fletcher v. Peck (1810), the Supreme Court of the United States declared that the judicial power granted to it by Article III of the United States Constitution included the power of judicial review, to consider challenges to the constitutionality of a State or Federal law.
The authority for use of police power under American Constitutional law has its roots in English and European common law traditions. [3] Even more fundamentally, use of police power draws on two Latin principles, sic utere tuo ut alienum non laedas ("use that which is yours so as not to injure others"), and salus populi suprema lex esto ("the welfare of the people shall be the supreme law ...
Courts are expected (a) to enforce provisions of the Constitution as the supreme law of the land, and (b) to refuse to enforce anything in conflict with it. [ 186 ] As to judicial review and the Congress, the first proposals by Madison (Virginia) and Wilson (Pennsylvania) called for a supreme court veto over national legislation.
Even so, some laws have been made and then retracted because they were an abuse of the power given to that particular branch. The people that created these laws had been serving a selfish agenda when forming these laws instead of looking out for the welfare of those people that they were supposed to be protecting by making certain laws.
Each branch also has a law enforcement agency responsible for the investigation of more serious crimes and incidents, such as the Army’s Criminal Investigation Division. Different federal law enforcement authorities have authority under different parts of the United States Code (U.S.C.). Most are limited by the U.S. Code to investigating ...
Between police and prosecutors, law enforcement officers are arguably already the most powerful people in government, so it's unclear what Trump means by giving them "their power back."
The Court decided that the law was a valid exercise of Congress's enforcement power under the Equal Protection Clause of the Fourteenth Amendment, because it was aimed at remedying state-sponsored discrimination, despite an earlier court finding that a literacy test was not in and of itself a violation of the 14th Amendment.
Policing in what would become the United States of America arose from the law enforcement systems in European countries, particularly the ancient English common law system. This relied heavily on citizen volunteers, as well as watch groups, constables, sheriffs, and a conscription system known as posse comitatus similar to the militia system.