The Law Dictionary for Everyone
In framing the U.S. Constitution, the leaders of the time gave certain specific powers to Congress, reserving all other powers to the individual states. This was done in order to ensure the new government would not become an oppressive entity, such as the government they had left behind in England. These men knew, however, that they could not foresee the […]
Read moreEnumerated powers are specific powers granted to Congress by the United States Constitution. The framers of the Constitution wanted to ensure the new federal government would not become an overreaching entity that might subject the people to the oppression from which they had fled. To that end, they listed, in Article 1, Section 8 of the Constitution, the authority over […]
Read moreThe Establishment Clause is found in the First Amendment to the U.S. Constitution. This cause prohibits the federal government from making any law regarding the establishment of, or freedom to practice religion. In simple terms, the Establishment Clause prohibits the United States government from establishing an official religion, as well as from taking any actions that favor one religion over […]
Read moreThe 8th Amendment to the United States Constitution, a part of the Bill of Rights, prohibits the federal government from imposing excessive fines, excessive bail, and cruel and unusual punishment. This is one of the shortest amendments to the Constitution, but it has a powerful effect, and has sparked a number of debates over the years since its ratification. To […]
Read moreConcurrent powers refer to political powers that are shared by both the state and federal governments. A number of powers are given to the federal government by the U.S. Constitution, without barring those same powers to each individual state. Such powers as establishing a court system, taxation, and regulating elections are common examples of concurrent powers of federal and state […]
Read moreThe 9th Amendment of the United States Constitution is part of the Bill of Rights, and provides a blanket cover for all of the rights that should be afforded to the people, which may not be specifically listed in the U.S. Constitution. In simple terms, United States citizens have certain rights that cannot be violated, even if they are not […]
Read moreThe Alien and Sedition Acts of 1798 gave the U.S. government new powers where foreigners and immigrants were concerned. The acts made it more difficult for immigrants to gain citizenship and therefore to vote, while providing new governmental authority for deporting foreigners who were considered “dangerous to the peace and safety of the United States.” The Acts came about as […]
Read moreOn December 5, 1933, the 21st Amendment to the United States Constitution became the only constitutional amendment to repeal another amendment. This amendment revoked or abolished the 18th Amendment, which prohibited the production, transportation, and sale of alcohol in the United States. The 21st Amendment also has the distinction of being the only amendment ratified by state ratifying convention, rather […]
Read moreThe 17th Amendment to the United States Constitution, enacted on April 8, 1913, allows Senators to be elected through popular voting by the people of each state. This amendment supersedes Article I, Section 3 of the Constitution, which specified that Senators were to be elected by the states’ legislators. It also allows vacant senate seats to be temporarily filled by appointment […]
Read moreThe Second Amendment to the United States Constitution recognizes the need for a “well regulated Militia” to secure a free nation, and the right of the people to “keep and bear arms” for that purpose. The Amendment, adopted on December 15, 1791, as party of the Bill of Rights, pertains to the rights of individuals under federal law, but is […]
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