John James
In McCulloch v. Maryland (1819), Justice William Johnson provided a concurring opinion. He agreed with the Court's decision that the federal government had implied powers under the Necessary and Proper Clause, emphasizing the importance of a strong federal government to effectively govern. Johnson argued that the states could not tax federal entities, as this would undermine the authority of the federal government. His concurrence highlighted the need for a flexible interpretation of the Constitution to allow for the growth and functionality of the nation.
justice
McCulloch v. Maryland (1819) was a landmark Supreme Court case that established the principle of federal supremacy over state laws. The case arose when the state of Maryland attempted to tax the Second Bank of the United States, and the bank's cashier, James McCulloch, challenged the tax. The Court, led by Chief Justice John Marshall, ruled that Congress had the authority to create the bank under the Necessary and Proper Clause of the Constitution, and that Maryland could not tax the bank, reinforcing the federal government's power. This decision set a precedent for the expansion of federal authority and the interpretation of the Constitution.
justiceDepartment of Justice, Justice Department
A supremacy clause allows the National Government to out do smaller levels of Government, in doing so can prevent unfair policies and a lack of justice in that form of Government that's all wrong.
John Marshall
John James
John James
John James
No. The US President, head of the Executive Branch of the federal government, has the exclusive power of veto, as assigned by Article II of the Constitution.
The Federal government claims that it does have that power, although not everyone agrees. In 1920, an amendment to the Constitution was required to ban the consumption of alcohol; so far, no constitutional amendment banning marijuana has been enacted, meaning that from a strictly CONSTITUTIONAL perspective, the Federal government does NOT have the authority to ban pot.Of course, the Federal government does a LOT of things that the Constitution does not provide the authority for.Recently, the Justice Department has stated that they will no longer conduct raids on "medical marijuana" dispensaries that are operated in accordance with STATE laws.
The Chief Justice of the United States (Supreme Court)has the most authority in Judicial Branch of government, but he is also a federal judge.
No one within the federal judiciary has authority to remove a Supreme Court justice from office. The Constitution vested Congress with the power of impeachment, which is the only way a Supreme Court justice may be forcibly removed. For more information, see Related Questions, below.
Zoran Mikulic is the Minister of Justice for Bosnia and Herzegovina's Federal Government.
Justice John Marshall declared that the national government holds supremacy over state governments in matters of federal law, establishing the principle of federalism. He emphasized that the Constitution grants Congress implied powers beyond those explicitly enumerated, allowing for a more flexible interpretation of federal authority. This perspective was crucial in cases like McCulloch v. Maryland, where he upheld the constitutionality of the national bank and reinforced the power of the federal government to act in the nation's interest.
Justice William Rehnquist's political philosophy was characterized by a commitment to judicial restraint, federalism, and an originalist interpretation of the Constitution. He believed in limiting the power of the federal government and emphasized states' rights, often opposing expansive interpretations of federal authority. Rehnquist also advocated for a strict constructionist approach, arguing that the Constitution should be interpreted based on its original meaning at the time of its drafting. His views often aligned with conservative legal principles, reflecting a preference for traditional values and limited government intervention.
Absolutely. Marshall was a loyal federalist who strongly believed in the value of the Constitution. As Chief Justice of the Supreme Court, he helped ensure the Articles of the Constitution empowered the federal government.