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Constitutional lawof the United States. The constitutional law of the United States is the body of law governing the interpretation and implementation of the United States Constitution. The subject concerns the scope of power of the United States federal government compared to the individual states and the fundamental rights of individuals.
Home Rule in the United States. Home rule in the United States relates to the authority of a constituent part of a U.S. state to exercise powers of governance; i.e.: whether such powers must be specifically delegated to it by the state (typically by legislative action) or are generally implicitly allowed unless specifically denied by state ...
The United States' situation at this time was dire due to large debts, territories in the possession of a foreign power, a lack of military, a lack of money, inability to navigate on the Mississippi River, lack of commerce, lack of respect from foreign powers, decrease in value of property, unavailability of credit, and lack of authority the government had over the nation.
The Supremacy Clause of the Constitution of the United States ( Article VI, Clause 2) establishes that the Constitution, federal laws made pursuant to it, and treaties made under its authority, constitute the "supreme Law of the Land", and thus take priority over any conflicting state laws. [ 1] It provides that state courts are bound by, and ...
Oversight is an implied rather than an enumerated power under the U.S. Constitution. [2] The government's charter does not explicitly grant Congress the authority to conduct inquiries or investigations of the executive, to have access to records or materials held by the executive, or to issue subpoenas for documents or testimony from the executive.
Consent of the governed. In political philosophy, the phrase consent of the governed refers to the idea that a government 's legitimacy and moral right to use state power is justified and lawful only when consented to by the people or society over which that political power is exercised. This theory of consent is starkly contrasted with the ...
The Tenth Amendment (Amendment X) to the United States Constitution, a part of the Bill of Rights, was ratified on December 15, 1791. [1] It expresses the principle of federalism, also known as states' rights, by stating that the federal government has only those powers delegated to it by the Constitution, and that all other powers not forbidden to the states by the Constitution are reserved ...
What government is to be regarded here as representative of a foreign sovereign state is a political rather than a judicial question, and is to be determined by the political department of the government. That authority is not limited to a determination of the government to be recognized.