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Enumerated Powers
The enumerated powers (also called expressed powers, explicit powers or delegated powers) of the United States Congress are the powers granted to the federal government of the United States by the United States Constitution. Most of these powers are listed in Article I, Section 8. In summary, Congress may exercise the powers that the Constitution grants it, subject to the individual rights listed in the Bill of Rights. Moreover, the Constitution expresses various other limitations on Congress, such as the one expressed by the Tenth Amendment: "The powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to the States respectively, or to the people." Historically, Congress and the Supreme Court have broadly interpreted the enumerated powers, especially by deriving many implied powers from them. The enumerated powers listed in Article One include both exclusive federal powers, as well as concurrent powers that are shared wi ...
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United States Congress
The United States Congress is the legislature of the federal government of the United States. It is bicameral, composed of a lower body, the House of Representatives, and an upper body, the Senate. It meets in the U.S. Capitol in Washington, D.C. Senators and representatives are chosen through direct election, though vacancies in the Senate may be filled by a governor's appointment. Congress has 535 voting members: 100 senators and 435 representatives. The U.S. vice president has a vote in the Senate only when senators are evenly divided. The House of Representatives has six non-voting members. The sitting of a Congress is for a two-year term, at present, beginning every other January. Elections are held every even-numbered year on Election Day. The members of the House of Representatives are elected for the two-year term of a Congress. The Reapportionment Act of 1929 establishes that there be 435 representatives and the Uniform Congressional Redistricting Act requires t ...
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History Of Bankruptcy Law In The United States
The history of bankruptcy law in the United States refers primarily to a series of acts of Congress regarding the nature of bankruptcy. As the legal regime for bankruptcy in the United States developed, it moved from a system which viewed bankruptcy as a quasi-criminal act, to one focused on solving and repaying debts for people and businesses suffering heavy losses. Pre-Independence In the Thirteen Colonies, laws regarding the payment and collection of debt were based on English common law. Debtors who were unable to repay their debts had property confiscated and assigned to the creditor, or were imprisoned. Eighteenth and nineteenth centuries Upon the ratification of the United States Constitution in 1789, Congress was given the power under Article I, Section 8, Clause 4 to legislate for "uniform laws on the subject of Bankruptcies" throughout the United States. Congress' first law on the subject was the Bankruptcy Act of 1800, which was limited to traders and provided only ...
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Sixteenth Amendment To The United States Constitution
The Sixteenth Amendment (Amendment XVI) to the United States Constitution allows Congress to levy an income tax without apportioning it among the states on the basis of population. It was passed by Congress in 1909 in response to the 1895 Supreme Court case of '' Pollock v. Farmers' Loan & Trust Co.'' The Sixteenth Amendment was ratified by the requisite number of states on February 3, 1913, and effectively overruled the Supreme Court's ruling in ''Pollock''. Prior to the early 20th century, most federal revenue came from tariffs rather than taxes, although Congress had often imposed excise taxes on various goods. The Revenue Act of 1861 had introduced the first federal income tax, but that tax was repealed in 1872. During the late nineteenth century, various groups, including the Populist Party, favored the establishment of a progressive income tax at the federal level. These groups believed that tariffs unfairly taxed the poor, and they favored using the income tax to sh ...
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Article Four Of The United States Constitution
Article Four of the United States Constitution outlines the relationship between the various states, as well as the relationship between each state and the United States federal government. It also empowers Congress to admit new states and administer the territories and other federal lands. The Full Faith and Credit Clause requires states to extend "full faith and credit" to the public acts, records and court proceedings of other states. The Supreme Court has held that this clause prevents states from reopening cases which have been conclusively decided by the courts of another state. The Privileges and Immunities Clause requires interstate protection of "privileges and immunities," preventing each state from treating citizens of other states in a discriminatory manner. The Extradition Clause requires that fugitives from justice be extradited on the demand of executive authority of the state from which they flee. Since the 1987 case of '' Puerto Rico v. Branstad'', federal cou ...
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Article Three Of The United States Constitution
Article Three of the United States Constitution establishes the judicial branch of the U.S. federal government. Under Article Three, the judicial branch consists of the Supreme Court of the United States, as well as lower courts created by Congress. Article Three empowers the courts to handle cases or controversies arising under federal law, as well as other enumerated areas. Article Three also defines treason. Section 1 of Article Three vests the judicial power of the United States in the Supreme Court, as well as inferior courts established by Congress. Along with the Vesting Clauses of Article One and Article Two, Article Three's Vesting Clause establishes the separation of powers between the three branches of government. Section 1 authorizes the creation of inferior courts, but does not require it; the first inferior federal courts were established shortly after the ratification of the Constitution with the Judiciary Act of 1789. Section 1 also establishes that federal judge ...
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Necessary And Proper Clause
The Necessary and Proper Clause, also known as the Elastic Clause, is a clause in Article I, Section 8 of the United States Constitution: Since the landmark decision '' McCulloch v. Maryland'', the US Supreme Court has ruled that this clause grants implied powers to US Congress in addition to its enumerated powers. Background According to the Articles of Confederation, "each state retains its sovereignty, freedom, and independence, and every power, jurisdiction, and right, which is not by this Confederation ''expressly'' delegated" (emphasis added). Thus, the Continental Congress had no powers incidental to those "expressly delegated" by the Articles of Confederation.Vile, John. The Constitutional Convention of 1787: A Comprehensive Encyclopedia of America's Founding', Volume 1, p. 591 (ABC-CLIO 2005). By contrast, the Necessary and Proper Clause expressly confers incidental powers upon Congress, which no other clause in the Constitution does so by itself. The draft claus ...
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Magazine (artillery)
Magazine is the name for an item or place within which ammunition or other explosive material is stored. It is taken originally from the Arabic word "makhāzin" (مخازن), meaning 'storehouses', via Italian and Middle French. The term is also used for a place where large quantities of ammunition are stored for later distribution, or an ammunition dump. This usage is less common. Field magazines In the early history of tube artillery drawn by horses (and later by mechanized vehicles), ammunition was carried in separate unarmored wagons or vehicles. These soft-skinned vehicles were extremely vulnerable to enemy fire and to explosions caused by a weapons malfunction. Therefore, as part of setting up an artillery battery, a designated place would be used to shelter the ready ammunition. In the case of batteries of towed artillery the temporary magazine would be placed, if possible, in a pit, or natural declivity, or surrounded by sandbags or earthworks. Circumstances might ...
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Washington, D
Washington commonly refers to: * Washington (state), United States * Washington, D.C., the capital of the United States ** A metonym for the federal government of the United States ** Washington metropolitan area, the metropolitan area centered on Washington, D.C. * George Washington (1732–1799), the first president of the United States Washington may also refer to: Places England * Washington, Tyne and Wear, a town in the City of Sunderland metropolitan borough ** Washington Old Hall, ancestral home of the family of George Washington * Washington, West Sussex, a village and civil parish Greenland * Cape Washington, Greenland * Washington Land Philippines *New Washington, Aklan, a municipality *Washington, a barangay in Catarman, Northern Samar *Washington, a barangay in Escalante, Negros Occidental *Washington, a barangay in San Jacinto, Masbate *Washington, a barangay in Surigao City United States * Washington, Wisconsin (other) * Fort Washington (disambiguati ...
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Title 10 Of The United States Code
Title 10 of the United States Code outlines the role of armed forces in the United States Code. It provides the legal basis for the roles, missions and organization of each of the services as well as the United States Department of Defense. Each of the five subtitles deals with a separate aspect or component of the armed services. * Subtitle A—General Military Law, including Uniform Code of Military Justice * Subtitle B—Army * Subtitle C— Navy and Marine Corps * Subtitle D— Air Force and Space Force * Subtitle E— Reserve Components The current Title 10 was the result of an overhaul and renumbering of the former Title 10 and Title 34 into one title by an act of Congress on August 10, 1956. Title 32 outlines the related but different legal basis for the roles, missions and organization of the United States National Guard in the United States Code. References External linksU.S. Code Title 10 via United States Government Printing OfficeU.S. Code Title 10 via Cornel ...
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United States Navy
The United States Navy (USN) is the maritime service branch of the United States Armed Forces and one of the eight uniformed services of the United States. It is the largest and most powerful navy in the world, with the estimated tonnage of its active battle fleet alone exceeding the next 13 navies combined, including 11 allies or partner nations of the United States as of 2015. It has the highest combined battle fleet tonnage (4,635,628 tonnes as of 2019) and the world's largest aircraft carrier fleet, with eleven in service, two new carriers under construction, and five other carriers planned. With 336,978 personnel on active duty and 101,583 in the Ready Reserve, the United States Navy is the third largest of the United States military service branches in terms of personnel. It has 290 deployable combat vessels and more than 2,623 operational aircraft . The United States Navy traces its origins to the Continental Navy, which was established during the American Revo ...
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War Powers Clause
Article I, Section 8, Clause 11 of the U.S. Constitution, sometimes referred to as the War Powers Clause, vests in the Congress the power to declare war, in the following wording: :'' he Congress shall have Power ...To declare War, grant Letters of Marque and Reprisal, and make Rules concerning Captures on Land and Water...'' A number of wars have been declared under the U.S. Constitution, although there is some controversy as to the exact number; the Constitution does not specify the form of such a declaration. History and usage Five wars have been declared by Congress under their constitutional power to do so: the War of 1812, the Mexican–American War, the Spanish–American War, World WarI, and World WarII. In a message to Congress on May 11, 1846, President James K. Polk announced that the Republic of Texas was about to become a state. After Mexico threatened to invade Texas, Polk amassed federal troops around Corpus Christi. When Texas became a state, federal ...
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United States District Court
The United States district courts are the trial courts of the U.S. federal judiciary. There is one district court for each federal judicial district, which each cover one U.S. state or, in some cases, a portion of a state. Each district court has at least one courthouse, and many districts have more than one. District courts' decisions are appealed to the U.S. court of appeals for the circuit in which they reside, except for certain specialized cases that are appealed to the U.S. Court of Appeals for the Federal Circuit or directly to the U.S. Supreme Court. District courts are courts of law, equity, and admiralty, and can hear both civil and criminal cases. But unlike U.S. state courts, federal district courts are courts of limited jurisdiction, and can only hear cases that involve disputes between residents of different states, questions of federal law, or federal crimes. Unlike the U.S. Supreme Court, which was established by Article III of the Constitution, th ...
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