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Intergovernmental Immunity (United States)
In United States Constitutional Law, intergovernmental immunity is a doctrine that prevents the federal government and individual state governments from intruding on each other's sovereignty. It is also referred to as a Supremacy Clause immunity or simply federal immunity from state law. The doctrine was established by the United States Supreme Court in ''McCulloch v. Maryland'' (1819), which ruled unanimously that states may not regulate property or operations of the federal government. In that case, Maryland state law subjected banks not chartered by the state to restrictions and taxes. In ''McCulloch's'' case, state law had attempted to impose these restrictions on the Second Bank of the United States. The Court found that if a state had the power to tax a federally incorporated institution, then the state effectively had the power to destroy the federal institution, thereby thwarting the intent and purpose of Congress. This would make the states superior to the federal government ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
United States Constitutional Law
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. The ultimate authority upon the interpretation of the Constitution and the constitutionality of statutes, state and federal, lies with the Supreme Court of the United States. The Supreme Court Judicial review Early in its history, in ''Marbury v. Madison'', 5 U.S. 137 (1803) and ''Fletcher v. Peck'', 10 U.S. 87 (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 holding in these cases empowered the Supreme Court to strike down enacted laws that were contrary to the Constit ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Supremacy Clause
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. It provides that state courts are bound by, and state constitutions subordinate to, the supreme law. However, federal statutes and treaties must be within the parameters of the Constitution; that is, they must be pursuant to the federal government's enumerated powers, and not violate other constitutional limits on federal power, such as the Bill of Rights—of particular interest is the Tenth Amendment to the United States Constitution, which states that the federal government has only those powers delegated to it by the Constitution. The Supremacy Clause is essentially a conflict-of-laws rule specifying that certain federal acts take priority over any state acts that conflict with fede ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
United States Supreme Court
The Supreme Court of the United States (SCOTUS) is the highest court in the federal judiciary of the United States. It has ultimate appellate jurisdiction over all U.S. federal court cases, and over state court cases that involve a point of federal law. It also has original jurisdiction over a narrow range of cases, specifically "all Cases affecting Ambassadors, other public Ministers and Consuls, and those in which a State shall be Party." The court holds the power of judicial review, the ability to invalidate a statute for violating a provision of the Constitution. It is also able to strike down presidential directives for violating either the Constitution or statutory law. However, it may act only within the context of a case in an area of law over which it has jurisdiction. The court may decide cases having political overtones, but has ruled that it does not have power to decide non-justiciable political questions. Established by Article Three of the United States Co ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
McCulloch V
McCulloch is a Scottish surname. It's a variation of the Northern Irish surname McCullough. It's commonly found in Galloway. Notable people with the surname include: *Alan McCulloch (politician), New Zealand politician *Alan McLeod McCulloch (1907–1992), Australian cartoonist, painter, writer, art critic, art historian and gallery director *Allan Riverstone McCulloch (1885–1925), Australian zoologist *Andrew McCulloch (footballer) (fl. 1970-1985), British soccer player * Andrew McCulloch (writer and actor) (born 1945), British television writer and actor *Andrew McCulloch (drummer) (born 1946), British drummer for King Crimson and others *Benjamin McCulloch (1811–1862), American Civil War soldier * Bruce McCulloch (born 1961), Canadian actor and comedian * Derek McCulloch (comics) (born 1964), Canadian writer * Ellen McCulloch (1930–2005), Australian ornithologist and nature writer * Ellen McCulloch-Lovell, American college administrator *Gretchen McCulloch, Canadian Int ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Second Bank Of The United States
The Second Bank of the United States was the second federally authorized Hamiltonian national bank in the United States. Located in Philadelphia, Pennsylvania, the bank was chartered from February 1816 to January 1836.. The Bank's formal name, according to section 9 of its charter as passed by Congress, was "The President Directors and Company of the Bank of the United States". While other banks in the US were chartered by and only allowed to have branches in a single state, it was authorized to have branches in multiple states and lend money to the US government. A private corporation with public duties, the Bank handled all fiscal transactions for the U.S. Government, and was accountable to Congress and the U.S. Treasury. Twenty percent of its capital was owned by the federal government, the Bank's single largest stockholder.. Four thousand private investors held 80 percent of the Bank's capital, including three thousand Europeans. The bulk of the stocks were held by a few ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Title 41 Of The Code Of Federal Regulations
Title 41 of the Code of Federal Regulations ("CFR"), titled ''Public Contracts and Property Management'', is the portion of the CFR that governs federal government public contracts within the United States. It is available in digital or printed form. Title 41 comprises four volumes, and is divided into six Subtitles. Only three of the Subtitles are currently in use, the others being either obsolesced (Subtitle A) or reserved for future use (Subtitles D and E). Subtitle A: Federal Procurement Regulations System Subtitle A, which previously covered the Federal Procurement Regulations System, was replaced in 1983 by the Federal Acquisition Regulation The Federal Acquisition Regulation (FAR) is the principal set of rules regarding Government procurement in the United States,. and is codified at Chapter 1 of Title 48 of the Code of Federal Regulations, . It covers many of the contracts issued b ... now set out in Title 48 of the Code of Federal Regulations. Subtitle B: Other Provisi ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
States' Rights
In American political discourse, states' rights are political powers held for the state governments rather than the federal government according to the United States Constitution, reflecting especially the enumerated powers of Congress and the Tenth Amendment. The enumerated powers that are listed in the Constitution include exclusive federal powers, as well as concurrent powers that are shared with the states, and all of those powers are contrasted with the reserved powers—also called states' rights—that only the states possess. Background The balance of federal powers and those powers held by the states as defined in the Supremacy Clause of the U.S. Constitution was first addressed in the case of '' McCulloch v. Maryland'' (1819). The Court's decision by Chief Justice John Marshall asserted that the laws adopted by the federal government, when exercising its constitutional powers, are generally paramount over any conflicting laws adopted by state governments. After ''McC ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
