For example from time to time Congress passes laws that place limits on the

For example from time to time congress passes laws

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For example, from time to time Congress passes laws that place limits on the possession and distribution of some forms of pornography. When such laws are passed, there are invariably people who make a great deal of profit from the same type of pornography who argue that the new law restricts their right to free speech and free expression. And so, if one side says, “this law violates the 1st Amendment and cannot stand,” and the other says, “No, it does not, the law is fine,” who decides? The courts do, if anyone files a lawsuit over the issue. It has been said that ‘‘the Constitution means what the Supreme Court says it means.’’ This is only a slight exaggeration, and it emphasizes the idea that Congress cannot enact a law that changes the Supreme Court’s interpretations of the Constitution. EXAMPLE:
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9/25/2018 Print canvas 67/216 When Congress passes a statute, it exercises ______________ power. If someone challenges the law in court and argues that the new law violates a part of the Constitution, the courts will use their power of ______________ to evaluate the law. A. executive; judicial review B. executive; separation of powers C. legislative; judicial review D. legislative; separation of powers ANSWER: C. The power to create new laws is legislative power, and the power to assess the Constitutionality of the new laws is judicial review. Authority of Federal and State Governments There has long been a debate about the line between state and federal government power. Some people and groups prefer a powerful federal government that makes many different kinds of laws and is involved in many things. Others would prefer a more limited federal government and more powerful states. These people and groups would like for Texas, Florida, California, etc., to create more of their own laws. Constitutionally speaking, a case can be made to support either idea. The Constitution (in Article I, Section 8) lists 18 specific things that the U.S. Congress is authorized to do. These are the enumerated powers , and the list includes the power to regulate bankruptcies, and coin money, and regulate commerce. If one is a literalist, one might argue that the enumerated powers are the only things that the national government should be involved in, and that authority over all other kinds of laws remains with individual states. But one might also say, “Come, now. The founders could not possibly have anticipated all of the kinds of laws that might be needed in an industrial or post-industrial economy over 200 years down the road. Surely we can’t limit the federal government to the activities the mentioned by name in 1787.” Article I, Section 8 The most important items in Article I, Section 8 of the Constitution include the powers: To lay and collect Taxes, Dues, Imposts and Excises, to pay the Debts and provide for the common Defense and general Welfare of the United States; . . .
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  • Spring '08
  • BREDESON
  • Common Law, Supreme Court of the United States, Appellate court, Trial court, State court

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