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- Article. I. Section 1.
- All legislative Powers herein granted shall be vested in a Congress of
the United States, which shall consist of a Senate and House of
Representatives.
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- Echo: The Act of Settlement of 1701 created parliamentary supremacy in
England after the Glorious Revolution of 1688 reduced the powers of the
Monarchy.
- The House of Commons and the House of Lords reflected the principle of
Bicameralism which the House of Representatives and the Senate
established in the United States Constitution.
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- Justice Blackmun on The Intelligible Principle Standard (Mistretta v.
U.S., 1989)
- The Constitution provides that "[a]ll legislative Powers herein
granted shall be vested in a Congress of the United States," U.S.
Const., Art. I, 1, and we long have insisted that "the integrity
and maintenance of the system of government ordained by the
Constitution" mandate that Congress generally cannot delegate its
legislative power to another Branch. Field v. Clark, 143 U.S. 649, 692 (1892).
- We also have recognized, however, that the separation-of-powers
principle, and the nondelegation doctrine in particular, do not prevent
Congress from obtaining the assistance of its coordinate Branches.
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- In a passage now enshrined in our jurisprudence, Chief Justice Taft,
writing for the Court, explained our approach to such cooperative
ventures: "In determining what [Congress] may do in seeking
assistance from another branch, the extent and character of that
assistance must be fixed according to common sense and the inherent
necessities of the government co-ordination." J. W. Hampton, Jr.,
& Co. v. United States, 276 U.S. 394, 406 (1928).
- So long as Congress "shall lay down by legislative act an
intelligible principle to which the person or body authorized to
[exercise the delegated authority] is directed to conform, such
legislative action is not a forbidden delegation of legislative
power."
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- Echo: The Constitution is our social contract, our Lockean contract in
which the people consent to the form and powers of government.
- An important part of the contract is the enumeration of legislative
powers which sets the scope and limits of government authority over the
people.
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- Clause 1: The Congress shall have Power To lay and collect Taxes,
Duties, Imposts and Excises, to pay the Debts and provide for the common
Defence and general Welfare of the United States;
- but all Duties, Imposts and Excises shall be uniform throughout the
United States;
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- Clause 3: To regulate Commerce with foreign Nations, and among the
several States, and with the Indian Tribes;
- Daniel Webster for the Plaintiff in Gibbons v. Ogden (1824):
- 1.The power of Congress to regulate commerce, is complete and entire,
and, to a certain extent, necessarily exclusive
- 2.Almost all the business and intercourse of life may be connected,
incidentally, more or less, with commerical regulations.
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- Clause 11: To declare War, grant Letters of Marque and Reprisal, and
make Rules concerning Captures on Land and Water;
- Clause 12: To raise and support Armies, but no Appropriation of Money to
that Use shall be for a longer Term than two Years;
- Clause 13: To provide and maintain a Navy;
- Clause 14: To make Rules for the Government and Regulation of the land
and naval Forces;
- Clause 15: To provide for calling forth the Militia to execute the Laws
of the Union, suppress Insurrections and repel Invasions;
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- Clause 4: To establish an uniform Rule of Naturalization, and uniform
Laws on the subject of Bankruptcies throughout the United States;
- Clause 5: To coin Money, regulate the Value thereof, and of foreign
Coin, and fix the Standard of Weights and Measures;
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- Clause 7: To establish Post Offices and post Roads;
- Clause 8: To promote the Progress of Science and useful Arts, by
securing for limited Times to Authors and Inventors the exclusive Right
to their respective Writings and Discoveries;
- Clause 9: To constitute Tribunals inferior to the supreme Court;
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- Clause 2: The Privilege of the Writ of Habeas Corpus shall not be
suspended, unless when in Cases of Rebellion or Invasion the public
Safety may require it.
- Echo: The English common law writ of habeas corpus predates Magna Charta
in 1215 which implicitly recognized the privilege in its statement that
the King must adhere to the law of the land.
- It was a prerogative writ of the King and his courts to bring prisoners
before the court to answer charges. The power to issue the writ is
discretionary and it can be withheld if compelling circumstances, such
as national security, require it.
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- Echo: The right of habeas corpus was formalized in England by the Habeas
Corpus Act (1679).
- In the United States the President and Congress have only rarely invoked
the suspension clause of our Constitution to suspend the privilege of
the writ of habeas corpus.
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- President Lincoln unilaterally ordered suspension of the writ during the
Civil War, but the Supreme Court in Ex Parte Merryman (1861) and Ex
Parte Milligan ( 1866) limited the conditions under which the President
can suspend the writ.
- The Patriot Act of 2001, drawing upon the Ex Parte Quirin (1942)
precedent, suspends the writ for persons designated as enemy combatants.
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- Echo: First used in 1321 against the English Earl of Winchester and the
Earl of Gloucester, the bill of attainder is a legislative act
convicting persons or groups of a crime, treason or a felony, without a
trial.
- Attainder led to imprisonment, executions, and seizure of the property
of the convicted. The resort to bills of attainder virtually replaced
impeachment in England between 1459 and 1621.
- In English and American colonial history colonial legislatures used
attainder against colonists suspected of disloyalty to the Crown.
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- Clause 7: No Money shall be drawn from the Treasury, but in Consequence
of Appropriations made by Law; and a regular Statement and Account of
the Receipts and Expenditures of all public Money shall be published
from time to time.
- Clause 8: No Title of Nobility shall be granted by the United States:
And no Person holding any Office of Profit or Trust under them, shall,
without the Consent of the Congress, accept of any present, Emolument,
Office, or Title, of any kind whatever, from any King, Prince, or
foreign State
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- Clause 1: No State shall
- enter into any Treaty, Alliance, or Confederation;
- grant Letters of Marque and
Reprisal;
- coin Money; emit Bills of Credit;
- make any Thing but gold and silver Coin a Tender in Payment of Debts;
- pass any Bill of Attainder, ex post facto Law, or Law impairing
the Obligation of Contracts, or grant any Title of Nobility.
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- Clause 2: No State shall, without the Consent of the Congress, lay any
Imposts or Duties on Imports or Exports, except what may be absolutely
necessary for executing it's inspection Laws: and the net Produce of all
Duties and Imposts, laid by any State on Imports or Exports, shall be
for the Use of the Treasury of the United States; and all such Laws
shall be subject to the Revision and Control of the Congress.
- Clause 3: No State shall, without the Consent of Congress, lay any Duty
of Tonnage, keep Troops, or Ships of War in time of Peace, enter into
any Agreement or Compact with another State, or with a foreign Power, or
engage in War, unless actually invaded, or in such imminent Danger as
will not admit of delay.
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- Clause 1: The executive Power shall be vested in a President of the
United States of America.
- Section. 2.
- Clause 1: The President shall be Commander in Chief of the Army and Navy
of the United States, and of the Militia of the several States, when
called into the actual Service of the United States;
- he may require the Opinion, in writing, of the principal Officer in each
of the executive Departments, upon any Subject relating to the Duties of
their respective Offices,
- and he shall have Power to grant Reprieves and Pardons for Offences
against the United States, except in Cases of Impeachment.
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- He shall have Power, by and with the Advice and Consent of the Senate,
to make Treaties, provided two thirds of the Senators present concur;
and he shall nominate,
- and by and with the Advice and Consent of the Senate, shall appoint
Ambassadors, other public Ministers and Consuls, Judges of the supreme
Court, and all other Officers of the United States, whose Appointments
are not herein otherwise provided for, and which shall be established by
Law:
- but the Congress may by Law vest the Appointment of such inferior
Officers, as they think proper, in the President alone , in the
Courts of Law, or in the Heads of Departments.
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- Section 3. He shall from time to time give to the Congress information
of the state of the union, and recommend to their consideration such
measures as he shall judge necessary and expedient;
- he may, on extraordinary occasions, convene both Houses, or either of
them, and in case of disagreement between them, with respect to the time
of adjournment, he may adjourn them to such time as he shall think
proper; he shall receive ambassadors and other public ministers;
- he shall take care that the laws be faithfully executed, and shall
commission all the officers of the United States.
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- Section. 1.
- The judicial Power of the United States, shall be vested in one supreme
Court, and in such inferior Courts as the Congress may from time to time
ordain and establish.
- The Judges, both of the supreme and inferior Courts, shall hold their
Offices during good Behavior, and shall, at stated Times, receive for
their Services, a Compensation, which shall not be diminished during
their Continuance in Office
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- Section. 2.
- Clause 1: The judicial Power shall extend to all Cases, in Law and
Equity, arising under this Constitution, the Laws of the United States,
and Treaties made, or which shall be made, under their Authority;
- --to all Cases affecting Ambassadors, other public Ministers and
Consuls;--to all Cases of admiralty and maritime Jurisdiction;
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- [The judicial Power shall extend] --to Controversies to which the United
States shall be a Party;--to Controversies between two or more
States;--between a State and Citizens of another State; (See Note 10)--between
Citizens of different States, --between Citizens of the same State
claiming Lands under Grants of different States, and between a State, or
the Citizens thereof, and foreign States, Citizens or Subjects.
- In all cases affecting ambassadors, other public ministers and consuls,
and those in which a state shall be party, the Supreme Court shall have
original jurisdiction. In all the other cases before mentioned, the
Supreme Court shall have appellate jurisdiction, both as to law and
fact, with such exceptions, and under such regulations as the Congress
shall make.
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- The Judicial power of the United States shall not be construed to extend
to any suit in law or equity, commenced or prosecuted against one of the
United States by Citizens of another State, or by Citizens or Subjects
of any Foreign State
- This Amendment was proclaimed as adopted on January 8, 1798 following
suit by a claimant in South Carolina against the State of Georgia,
decided in 1793.
- Many of the States were under heavy financial embarrassment when the
Union was formed and the case of CHISHOLM v. GEORGIA, 2 U.S. 419 (1793) undermined
the doctrine of sovereign immunity and threatened the financial solvency
of the states.
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