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The Commerce Power

The Interstate Commerce Clause may be found in Article I, Section 8:

"...To regulate commerce with foreign nations, and among the several states, and with the Indian tribes;"

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Commerce Power

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Q: What expressed power of Congress have US Supreme Court decisions broadened most?
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What branch has responsibility for carrying out Acts of Congress or the decisions of the Supreme Court?

The Executive Branch


Who can decide when implied powers taken by congress have exceeded the expressed powers?

the U.S. Supreme Court


What group benefited most from the supreme court decisions in McCullough Maryland and gibbons Ogden?

Congress. Marshall's decisions set a precedent allowing the Legislative Branch to exercise "implied powers," in addition to the expressed powers listed in Article I of the Constitution.


What happens if the supreme court rules congress to be unconstitutional?

Since it is the Supreme Court that decides what is constitutional and what is not, the decisions of the Supreme Court cannot be unconstitutional, however, it is always possible for the Supreme Court to make new decisions which reverse older decisions. So in theory, if the Supreme Court does something wrong, they will be reversed by a later sitting of the same court (but with new judges).


What can Congress do to further enforce a decision made by the US Supreme Court?

Congress can attempt to rewrite the law so that it conforms with the Supreme Court's interpretation of the Constitution; or, they can abandon an ill-conceived law; or, they can attempt to call a Constitutional Convention or work with the states to amend the Constitution (the least likely and most time-consuming solution). Congress cannot nullify the Supreme Court decision, however. In most cases, they either rewrite or abandon the legislation. Congress also sometimes ignores Supreme Court decisions, although they are not supposed to.


What is the guiding force behind all supreme court decisions?

The guiding force in the US for US Supreme Court decisions is the US Constitution. The Supreme Court is one of the three major parts of the Federal government. Through the Congress, the Executive branch and the Court, a balance of power was created.


How does the Supreme Court gain compliance with the decisions it issues?

The US Supreme Court lacks the ability to enforce its own decisions, which is a check on the Judicial Branch of government. The Executive Branch is vested with the authority and obligation to enforce Supreme Court decisions, and the Legislative branch can support a decision by passing laws upholding the Court's finding.


What was significant effect of Supreme Court decision under Chief Justice John Marshall?

The decisions of the Marshall Court established the Supreme Court as a branch of government equal to Congress and the Presidency.


Who group within the Federal Government has the authority to limit the president's inherent powers?

The Supreme Court


One of the expressed powers of the President is to veto acts of the Supreme Court?

No. No one has the power to veto acts of the US Supreme Court. They are head of the Judicial branch of government, and have final authority over constitutional interpretation.The Supreme Court can overturn its own decisions, or Congress and the States can work together to ratify a new constitutional amendment that effectively nullifies a decision.The President can veto acts of Congress, but Congress can override the veto with a two-thirds super-majority vote of both houses.


Who would benefit if Congress could overturn US Supreme Court decisions?

The Legislative (Congress) and possibly Executive branches would benefit if Congress had the power to nullify US Supreme Court decisions, because their power would then be unchecked by the Judicial branch. Such authority would violate separate powers established by the Constitution to ensure no single branch of government becomes too dominant, and would allow Congress to ignore the Bill of Rights and other Amendments, to the detriment of US residents.


What is the name of their power to cancel out decisions?

Veto