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US Constitution study guide: Difference between revisions
→Section 8. [Enumerated powers of the Congress, including General Welfare, Commerce & Necessary & Proper clauses]
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* "fair use" exemptions were encoded in the 1976 Copyright Act, allowing for "copying" for educational and non-commercial purposes | * "fair use" exemptions were encoded in the 1976 Copyright Act, allowing for "copying" for educational and non-commercial purposes | ||
* patent protection has remained 12 years | * patent protection has remained 12 years | ||
* however, patent protections now include computer code, which is problematic}}'''; to constitute Tribunals inferior to the supreme Court; To define and punish Piracies and Felonies committed on the high Seas, and Offences against the Law of Nations; To declare War, grant Letters of Marque and Reprisal, and make Rules concerning Captures on Land and Water; To raise and support Armies, but no Appropriation of Money to that Use shall be for a longer Term than two Years; To provide and maintain a Navy; To make Rules for the Government and Regulation of the land and naval Forces; To provide for calling forth the Militia to execute the Laws of the Union, suppress Insurrections and repel Invasions; To provide for organizing, arming, and disciplining, the Militia, and for governing such Part of them as may be employed in the Service of the United States, reserving to the States respectively, the Appointment of the Officers, and the Authority of training the Militia according to the discipline prescribed by Congress; To exercise exclusive Legislation in all Cases whatsoever, over such District (not exceeding ten Miles square) as may, by Cession of particular States, and the Acceptance of Congress, become the Seat of the Government of the United States, and to exercise like Authority over all Places purchased by the Consent of the Legislature of the State in which the Same shall be for the Erection of Forts, Magazines, Arsenals, dock-Yards, and other needful Buildings; And To make all Laws which shall be '''{{#tip-text:necessary and proper for carrying into Execution the foregoing Powers|Necessary and Proper Clause | * however, patent protections now include computer code, which is problematic}}'''; to constitute Tribunals inferior to the supreme Court; To define and punish Piracies and Felonies committed on the high Seas, and Offences against the Law of Nations; '''{{#tip-text:To declare War|Declare war | ||
* the Constitution reserves the power to declare war to the legislature | |||
* = granting that power to the representatives of the people and the states | |||
* = separation of powers and an important protection of the people against arbitrary decisions by the Executive to make war | |||
* however, since WWII, the Congress has abrogated (given up) this power to the Executive | |||
* see Article II for Presidential powers as Commander in Chief for more on Congress and declaring war}}''', '''{{#tip-text:grant Letters of Marque and Reprisal|Letters of Marque | |||
* = grants to "privateers", essentially pirates, the right to attack the ships or lands of overseas enemies and to share in the bounty (loot, takings) of those attacks with the government | |||
* European monarchs distributed "letters of marque and reprisal" either directly or through colonial governors | |||
* the Founders considered that power arbitrary and thus reserved the power to the legislature as representative of the will of the people and the states}}''', and make Rules concerning Captures on Land and Water; To raise and support Armies, but no Appropriation of Money to that Use shall be for a longer Term than two Years; To provide and maintain a Navy; To make Rules for the Government and Regulation of the land and naval Forces; To provide for calling forth the Militia to execute the Laws of the Union, suppress Insurrections and repel Invasions; To provide for organizing, arming, and disciplining, the Militia, and for governing such Part of them as may be employed in the Service of the United States, reserving to the States respectively, the Appointment of the Officers, and the Authority of training the Militia according to the discipline prescribed by Congress; To exercise exclusive Legislation in all Cases whatsoever, over such District (not exceeding ten Miles square) as may, by Cession of particular States, and the Acceptance of Congress, become the Seat of the Government of the United States, and to exercise like Authority over all Places purchased by the Consent of the Legislature of the State in which the Same shall be for the Erection of Forts, Magazines, Arsenals, dock-Yards, and other needful Buildings; And To make all Laws which shall be '''{{#tip-text:necessary and proper for carrying into Execution the foregoing Powers|Necessary and Proper Clause | |||
* = Article I, Section 8 clause which provides Congress with the "necessary and proper" powers to carry out any of its enumerated (or :explicit," "delegated" or "expressed") powers. | * = Article I, Section 8 clause which provides Congress with the "necessary and proper" powers to carry out any of its enumerated (or :explicit," "delegated" or "expressed") powers. | ||
* the Necessary and Proper clause is one of the primary sources of Congresses' implied" powers | * the Necessary and Proper clause is one of the primary sources of Congresses' implied" powers | ||