|
Reserved Powers
Reserved powers, residual powers, or residuary powers are the powers that are neither prohibited to be exercised by an organ of government, nor given by law to any other organ of government. Such powers, as well as a general power of competence, nevertheless may exist because it is impractical to detail in legislation every act allowed to be carried out by the state. By country Common law countries The United Kingdom and countries whose legal system is based on common law, such as Canada, India, Israel, and Ireland, have similar legal frameworks of reserved powers. Australia In Australia, despite the centralized nature of the constitution, the High Court adopted the " reserved powers doctrine" which was used until 1920 to preserve as much autonomy for the states as can be interpreted from the constitution. This practice changed with the Engineers' Case which led reserved powers to be given to the Commonwealth. (2008) 32 Melbourne University Law Review 1. Canada In Ca ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Separation Of Powers
The separation of powers principle functionally differentiates several types of state (polity), state power (usually Legislature#Legislation, law-making, adjudication, and Executive (government)#Function, execution) and requires these operations of government to be conceptually and institutionally distinguishable and articulated, thereby maintaining the integrity of each. To put this model into practice, government is divided into structurally independent branches to perform various functions (most often a legislature, a judiciary and an administration, sometimes known as the ). When each function is allocated strictly to one branch, a government is described as having a high degree of separation; whereas, when one person or branch plays a significant part in the exercise of more than one function, this represents a fusion of powers. History Antiquity Polybius (''Histories'', Book 6, 11–13) described the Roman Republic as a mixed government ruled by the Roman Senate, ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Implied Powers
In the United States, implied powers are powers that, although not directly stated in the Constitution, are indirectly given based on expressed powers. History When George Washington asked Alexander Hamilton to defend the constitutionality of the First Bank of the United States against the protests of Thomas Jefferson, James Madison, and Attorney General Edmund Randolph, Hamilton produced what has now become the doctrine of implied powers. Hamilton argued that the sovereign duties of a government implied the right to use means adequate to its ends. Although the United States government was sovereign only as to certain objects, it was impossible to define all the means it should use, because it was impossible for the founders to anticipate all future exigencies. Hamilton noted that the " general welfare clause" and the " necessary and proper clause" gave elasticity to the Constitution. Hamilton won the argument and Washington signed the bank bill into law. Another instance of ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Power Of The Purse
The power of the purse is the ability of one group to control the actions of another group by withholding funding, or putting stipulations on the use of funds. The power of the purse can be used positively (e.g. awarding extra funding to programs that reach certain benchmarks) or negatively (e.g. removing funding for a department or program, effectively eliminating it). The power of the purse is most often utilized by forces within a government that do not have direct executive power, but have control over budgets and taxation. Canada In colonial Canada, the fight for "responsible government" in the 1840s centered on question of whether elected parliaments or appointed governors would have control over the purse strings, mirroring earlier fights between Parliament and the Crown in Britain. After confederation, the phrase "power of the purse" took on a particular meaning. It now primarily refers to the federal government's superior tax-raising abilities compared to the provin ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
European Union
The European Union (EU) is a supranational union, supranational political union, political and economic union of Member state of the European Union, member states that are Geography of the European Union, located primarily in Europe. The union has a total area of and an estimated population of over 449million as of 2024. The EU is often described as a ''sui generis'' political entity combining characteristics of both a federation and a confederation. Containing 5.5% of the world population in 2023, EU member states generated a nominal gross domestic product (GDP) of around €17.935 trillion in 2024, accounting for approximately one sixth of global economic output. Its cornerstone, the European Union Customs Union, Customs Union, paved the way to establishing European Single Market, an internal single market based on standardised European Union law, legal framework and legislation that applies in all member states in those matters, and only those matters, where the states ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Principle Of Conferral
The principle of conferral is a fundamental principle of European Union law. According to this principle, the EU is a union of its member states, and all its competences are voluntarily conferred on it by its member states. The Union has no competences by right, and thus any areas of policy not explicitly agreed in treaties by all member states remain the domain of the member states. This indicates that the member states have the right to deal with all matters that fall outside the agreements of the Treaties and the EU can only act within the conferred competences defined by the Member States in the treaties. This principle has always underpinned the European Union, but it was explicitly specified for the first time in the proposed and rejected Treaty establishing a Constitution for Europe. The principle carried over into its replacement, the Treaty on European Union (TEU). It is spelled out fully in Articles 4 and 5 Wikisource:Consolidated version of the Treaty on European Un ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Dillon's Rule
John Forrest Dillon (December 25, 1831 – May 6, 1914) was an American attorney in Iowa and New York, a justice of the Iowa Supreme Court and a United States circuit judge of the United States Circuit Court for the Eighth Circuit. He authored a highly influential treatise on the power of states over municipal governments. Education and career Born on December 25, 1831, in Northampton, (then part of Montgomery County, now part of Fulton County), New York, Dillon received a Doctor of Medicine in 1850 from the University of Iowa. He read law in 1852. He entered private practice in Davenport, Iowa from 1852 to 1853. He was county attorney for Scott County, Iowa from 1853 to 1858. He was a Judge of the Iowa District Court for the Seventh Judicial District from 1858 to 1862. He was a justice of the Iowa Supreme Court from 1862 to 1868. Federal judicial service Dillon was nominated by President Ulysses S. Grant on December 9, 1869, to the United States Circuit Court for ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Concurrent Powers
Concurrent powers are powers of a federal state that are shared by both the federal government and each constituent political unit, such as a state or province. These powers may be exercised simultaneously within the same territory, in relation to the same body of citizens, and regarding the same subject-matter.Scardino, Frank. The Complete Idiot's Guide to U.S. Government and Politics', p. 31 (Penguin 2009). Concurrent powers are contrasted with reserved powers (not possessed by the federal government) and with exclusive federal powers (forbidden to be possessed by the states, or requiring federal permission). In many federations, enumerated federal powers are supreme and so, they may pre-empt a state or provincial law in case of conflict. Concurrent powers can therefore be divided into two kinds: those not generally subject to federal pre-emption, such as the power to tax private citizens, and other concurrent powers. In the United States, examples of the concurrent powe ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Exclusive Federal Powers
Exclusive federal powers are powers within a federal system of government that each constituent political unit (such as a state or province) is absolutely or conditionally prohibited from exercising.Scardino, Frank. The Complete Idiot's Guide to U.S. Government and Politics', p. 31 (Penguin 2009). That is, either a constituent political unit may never exercise these powers, or may only do so with the consent of the federal government. These powers are contrasted with concurrent powers, which are shared by both the federal government and each constituent political unit. Types of exclusive powers All federations include an economic and monetary union. This gives the federal government exclusive authority to impose border controls, regulate certain categories of interstate trade (particularly natural monopolies), and to establish a unified currency and monetary policy. Federal constitutions also typically grant the federal government suzerainty over the states in matters of ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Murphy V
Murphy is an Irish surname meaning "Sea Warrior". Origins and variants The surname is a variant of two Irish surnames: "Ó Murchadha"/"Ó Murchadh" (descendant of "Murchadh"), and "Mac Murchaidh"/" Mac Murchadh" (son of "Murchadh") derived from the Irish personal name "Murchadh", which meant sea-warrior or sea-battler (''muir'' meaning sea and ''cath'' meaning battle). According to historian C. Thomas Cairney, the O'Murphys were one of the chiefly families of the Uí Ceinnselaig who in turn were a tribe from the Dumnonii or Laigin who were the third wave of Celts to settle in Ireland during the first century BC. The O'Murphys as one of the chiefly families of the Uí Ceinnselaig is supported by John O'Hart in his 1892 ''Irish Pedigrees; or, The Origin and Stem of The Irish Nation''. Murchadh is reported to have been gripped with a boiling awful rage, an extreme elevation and greatness of spirit and intellect when he joined the middle of the action and prepared to assail t ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Rehnquist Court
The Rehnquist Court was the period in the history of the Supreme Court of the United States during which William Rehnquist served as Chief Justice. Rehnquist succeeded Warren E. Burger as Chief Justice after the latter's retirement, and Rehnquist held this position until his death in 2005, at which point John Roberts was nominated and confirmed as Rehnquist's replacement. The Rehnquist Court is generally considered to be more conservative than the preceding Burger Court, but not as conservative as the succeeding Roberts Court. According to Jeffrey Rosen, Rehnquist combined an amiable nature with great organizational skill, and he "led a Court that put the brakes on some of the excesses of the Earl Warren era while keeping pace with the sentiments of a majority of the country." Biographer John Jenkins argued that Rehnquist politicized the Supreme Court and moved the court and the country to the right. Through its rulings, the Rehnquist Court often promoted a policy of New Federa ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
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 ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Supreme Court Of The United States
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 Federal tribunals in the United States, U.S. federal court cases, and over State court (United States), state court cases that turn on questions of Constitution of the United States, U.S. constitutional or Law of the United States, federal law. It also has Original jurisdiction of the Supreme Court of the United States, 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." In 1803, the Court asserted itself the power of Judicial review in the United States, judicial review, the ability to invalidate a statute for violating a provision of the Constitution via the landmark case ''Marbury v. Madison''. It is also able to strike down presidential directives for violating either the Constitution or s ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
