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Enumerated Power
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 wit ...
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United States Congress
The United States Congress is the legislature, legislative branch of the federal government of the United States. It is a Bicameralism, bicameral legislature, including a Lower house, lower body, the United States House of Representatives, U.S. House of Representatives, and an Upper house, upper body, the United States Senate, U.S. Senate. They both meet in the United States Capitol in Washington, D.C. Members of Congress are chosen through direct election, though vacancies in the Senate may be filled by a Governor (United States), governor's appointment. Congress has a total of 535 voting members, a figure which includes 100 United States senators, senators and 435 List of current members of the United States House of Representatives, representatives; the House of Representatives has 6 additional Non-voting members of the United States House of Representatives, non-voting members. The vice president of the United States, as President of the Senate, has a vote in the Senate ...
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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's first law on the subject was the Bankruptcy Act of 1800, which was limited to traders and provided only f ...
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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 t ...
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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 that 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 c ...
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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 "one supreme Court", as well as "inferior courts" established by Congress. 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 judges do not face term limits, and that an individual judge's salary may not be decreased. Article Three does not set the size of the Supreme Court or establish specific p ...
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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 (2005). The Constitutional Convention of 1787: A Comprehensive Encyclopedia of America's Founding', Volume 1, p. 591. ABC-CLIO. By contrast, the Necessary and Proper Clause expressly confers incidental powers upon Congress; no other clause in the Constitution does so by itself. The draft clause provo ...
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Magazine (artillery)
A magazine is an item or place within which ammunition or other explosive material is stored. The word is taken originally from the Arabic word ''makhāzin'' (مخازن), meaning "storehouses", via Italian and Middle French. The term is also used for an ammunition dump, a place where large quantities of ammunition are stored for later distribution. 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 requ ...
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Title 10 Of The United States Code
Title 10 of the United States Code outlines the role of United States Armed Forces. 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 * Subtitle F—Alternative Military Personnel Systems 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. The provisions of United States Code within Title 10 that are outlined in this article are up to date as of March 13, 2024. Title 32 outlines the related but different legal basis for the roles, missions and organization of the United Sta ...
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United States Navy
The United States Navy (USN) is the naval warfare, maritime military branch, service branch of the United States Department of Defense. It is the world's most powerful navy with the largest Displacement (ship), displacement, at 4.5 million tons in 2021. It has the world's largest aircraft carrier fleet, with List of aircraft carriers in service, eleven in service, one undergoing trials, two new carriers under construction, and six other carriers planned as of 2024. With 336,978 personnel on active duty and 101,583 in the Ready Reserve, the U.S. Navy is the third largest of the United States military service branches in terms of personnel. It has 299 deployable combat vessels and about 4,012 operational aircraft as of 18 July 2023. The U.S. Navy is one of six United States Armed Forces, armed forces of the United States and one of eight uniformed services of the United States. The United States Navy traces its origins to the Continental Navy, which was established during ...
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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 tr ...
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United States District Court
The United States district courts are the trial courts of the United States federal judiciary, U.S. federal judiciary. There is one district court for each United States federal judicial district, federal judicial district. Each district covers one U.S. state or a portion of a state. There is at least one List of United States federal courthouses, federal courthouse in each district, and many districts have more than one. District court decisions are appealed to the United States courts of appeals, U.S. court of appeals for the circuit in which they reside, except for certain specialized cases that are appealed to the United States Court of Appeals for the Federal Circuit, U.S. Court of Appeals for the Federal Circuit or directly to the Supreme Court of the United States, U.S. Supreme Court. District courts are courts of common law, law, Court of equity, equity, and Admiralty court, admiralty, and can hear both Civil law (common law), civil and Criminal law, criminal cases. B ...
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