When Labor won federal power in 2007, the party ruled in all six states.
That argument is an abuse of federal power and is unconstitutional, the defense attorneys argue.
On his website Joel Tenenbaum says that he counter-claimed "asserting abuse of federal power".
Although the ACA survived, the Roberts opinion placed meaningful limitations on federal power.
To hold otherwise would remove any limitations on federal power, at the expense of state sovereignty.
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And this is where the Court has endorsed an unlimited expansion of federal power.
The decision provided the legal basis for the enormous expansion of federal power in the 20th century.
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Solution: small power plants built quickly and rented out to federal power authorities.
Federal Power issue is one on which a President ought to be consistent.
The right not only detests the result but fears an unprecedented new Federal power to regulate private conduct through the tax code.
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Liberals praise diversity but generally urge courts to permissively construe the Constitution in order to validate federal power to impose continental uniformities.
The elitists will concede that many (most?) of the early political fights in the fledgling republic were over the limits of federal power.
Execution of these newly recognized responsibilities would prove an important vehicle for the expansion of federal power that characterized the transformed postwar nation.
First, it leaves untouched all traditional exercises of federal power.
Here's the dilemma for an Antonin Scalia or Chief Justice John Roberts, who typically vote with the conservative bloc: While they don't like expanding federal power, they like second-guessing the democratic process even less.
To understand the harm that could be done by an unlimited federal power to define the terms of domestic-relations law, Young recalls when a few states, venturing beyond the national consensus, began experimenting with no-fault divorce.
In the brief, Morrison notes there has been precious little judicial interpretation of the Compact Clause, which is believed to reflect the fears of the founders that states could undermine federal power by forming alliances among themselves.
William Rehnquist, the chief justice, has fought a long and often lonely battle to roll back what he sees as the overextension of federal power, a subject which is also a hobby horse of many Republican politicians.
Republicans claim to love capitalism and the Constitution, but when the capitalist system sought to cleanse itself of failed concepts on the way to a healthy economic recovery, the GOP ignored strict constitutional limits meant to restrain federal power on the way to propping up businesses that the markets had left for dead.
In the past, the court has recognized a "domestic relations exception" to federal judicial power.
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The Executive Order commits Federal agencies to lead by example toward a clean energy economy, and sets targets to reduce greenhouse gas pollution, increase energy efficiency, reduce fleet petroleum consumption, conserve water, reduce waste, support sustainable communities, and leverage Federal purchasing power to promote environmentally-responsible products and technologies.
The underlying issue that Congress should consider is whether it has given federal prosecutors too much power and has unfairly tilted the federal criminal justice system in favor of defendants.
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On at least two occasions last summer, the Bonneville Power Administration - the federal agency responsible for marketing power from dams in the Pacific Northwest - used water meant to aid migrating juvenile salmon to supply California with hydroelctricity.
That means that if the Constitution does not specifically provide a Power to the Congress and therefore the entire federal government then neither the Congress nor the rest of the federal government has that Power.
The line of demarcation they so carefully drew between federal and state power has been breached.
The Federal Reserve has power under a statute that dates from 1932 that most of us weren't aware of.
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But the single most important change was the shift from states to the individual in granting the federal government its power.
The question before the Court is whether the Constitution gives the federal government the power to compel every American to have health insurance.
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