What is this law that originally comprised seven articles that entrench the doctrine of the separation of powers in the United States, whose clause was reaffirmed by the decision from Lambert v. Yellowley?
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Lambert v. Yellowley Lambert v. Yellowley, 272 U.S. 581 (1926) , was a decision by the Supreme Court of the United States that reaffirmed the National Prohibition Act's limitation on the dispensation of alcoholic medicines. The five-to-four decision, written by Justice Louis D. Brandeis, affirmed the dismissal of a suit in which New York City physician Samuel Lambert sought to prevent Edward Yellowley, the acting federal prohibition director, from enforcing the Prohibition Act so as to preclude him from prescribing alcoholic medicines. The decision affirmed the police powers of the individual states, as well as the power of the Necessary and Proper Clause of the United States Constitution, which was cited in upholding the Prohibition Act's limitations as a necessary and proper implementation of the Eighteenth Amendment to the United States Constitution.
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United States Constitution The United States Constitution is the supreme law of the United States of America. The Constitution, originally comprising seven articles, delineates the national frame of government. Its first three articles entrench the doctrine of the separation of powers, whereby the federal government is divided into three branches: the legislative, consisting of the bicameral Congress; the executive, consisting of the President; and the judicial, consisting of the Supreme Court and other federal courts. Articles Four, Five and Six entrench concepts of federalism, describing the rights and responsibilities of state governments and of the states in relationship to the federal government. Article Seven establishes the procedure subsequently used by the thirteen States to ratify it.
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Postal Clause Article I, Section 8, Clause 7 of the United States Constitution, known as the Postal Clause or the Postal Power, empowers Congress "To establish Post Offices and post Roads".
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Clinton v. City of New York Clinton v. City of New York, 524 U.S. 417 (1998) , is a legal case in which the Supreme Court of the United States ruled that the line-item veto as granted in the Line Item Veto Act of 1996 violated the Presentment Clause of the United States Constitution because it impermissibly gave the President of the United States the power to unilaterally amend or repeal parts of statutes that had been duly passed by the United States Congress. The decision of the Court, in a six-to-three majority, was delivered by Justice John Paul Stevens.
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Federal lands Federal lands are lands in the United States for which ownership is claimed by the U.S. federal government, pursuant to of the United States Constitution. The United States Supreme Court has repeatedly held that this section empowers Congress to retain federal lands, to regulate federal lands such as by limiting cattle grazing, and to sell such lands. As of March 2012, out of the 2.27 billion acres (918.6 million hectares) in the country, about 28% of the total was owned by the Federal government according to the Interior Department. The United States Supreme Court has upheld the broad powers of the federal government to deal with federal lands, for example having unanimously held in "Kleppe v. New Mexico" that "the complete power that Congress has over federal lands under this clause necessarily includes the power to regulate and protect wildlife living there, state law notwithstanding."
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Federal common law Federal common law is a term of United States law used to describe common law that is developed by the federal courts, instead of by the courts of the various states. The United States is the only country to combine the creation of common law doctrines with a complete federalism, wherein the national supreme court has virtually no power to review state court decisions to determine whether the state courts have followed state laws. The High Court of Australia is sometimes said to have federal common law, but because all state and territorial courts are directly appealable to the High Court, this is indistinguishable from a general common law. In contrast, the United States Supreme Court has effectively barred the creation of federal common law in areas traditionally under the authority of state courts. Nevertheless, there are several areas where federal common law continues to govern.
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Federalist No. 47 Federalist No. 47 is the forty-seventh paper from The Federalist Papers. It was published on 30 January 1788 under the pseudonym Publius, the name under which all The Federalist Papers were published. James Madison was its actual author. This paper examines the separation of powers among the executive, legislative, and judicial branches of government under the proposed United States Constitution due to the confusion of the concept at the citizen level. It is titled "The Particular Structure of the New Government and the Distribution of Power Among Its Different Parts."
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Luis v. United States Luis v. United States, 578 U.S. ___ (2016) was a case in which the Supreme Court of the United States held that the Sixth Amendment to the United States Constitution prohibits the pre-trial restraint of assets needed to retain a defendant's counsel of choice when those assets have not been used in conjunction with criminal activity.
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Bradwell v. Illinois Bradwell v. State of Illinois, 83 U.S. 130 (1873), was a United States Supreme Court case that solidified the narrow reading of the Privileges or Immunities Clause of the Fourteenth Amendment, and determined that the right to practice a profession was not among these privileges. The case is also notable for being an early 14th Amendment challenge to sex discrimination in the United States.
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Freedom of movement under United States law Freedom of movement under United States law is governed primarily by the Privileges and Immunities Clause of the United States Constitution which states, "The Citizens of each State shall be entitled to all Privileges and Immunities of Citizens in the several States." As far back as the circuit court ruling in "Corfield v. Coryell," 6 Fed. Cas. 546 (1823), freedom of movement has been judicially recognized as a fundamental Constitutional right. In "Paul v. Virginia," 75 U.S. 168 (1869), the Court defined freedom of movement as "right of free ingress into other States, and egress from them." However, the Supreme Court did not invest the federal government with the authority to protect freedom of movement. Under the "privileges and immunities" clause, this authority was given to the states, a position the Court held consistently through the years in cases such as "Ward v. Maryland," 79 U.S. 418 (1871), the "Slaughter-House Cases," 83 U.S. 36 (1873) and "United States v. Harris," 106 U.S. 629 (1883).
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Gibbons v. Ogden Gibbons v. Ogden, 22 U.S. 1 (1824), was a landmark decision in which the Supreme Court of the United States held that the power to regulate interstate commerce, granted to Congress by the Commerce Clause of the United States Constitution, encompassed the power to regulate navigation. The case was argued by some of America's most admired and capable attorneys at the time. Exiled Irish patriot Thomas Addis Emmet and Thomas J. Oakley argued for Ogden, while U.S. Attorney General William Wirt and Daniel Webster argued for Gibbons.
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Dred Scott v. Sandford Dred Scott v. Sandford, 60 U.S. 393 (1857) , also known simply as the Dred Scott case, was a landmark decision by the United States Supreme Court on US labor law and constitutional law. It held that "a negro, whose ancestors were imported into [the U.S.], and sold as slaves", whether enslaved or free, could not be an American citizen and therefore had no standing to sue in federal court, and that the federal government had no power to regulate slavery in the federal territories acquired after the creation of the United States. Dred Scott, an enslaved man of "the negro African race" who had been taken by his owners to free states and territories, attempted to sue for his freedom. In a 7–2 decision written by Chief Justice Roger B. Taney, the court denied Scott's request. The decision was only the second time that the Supreme Court had ruled an Act of Congress to be unconstitutional.
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United States v. Lopez United States v. Alfonso D. Lopez, Jr., 514 U.S. 549 (1995) was the second United States Supreme Court case since the New Deal to set limits to Congress' power under the Commerce Clause of the United States Constitution. The Supreme Court held that the federal Gun-Free School Zones Act of 1990, which banned possession of handguns near schools, was unconstitutional because it did not have a substantial impact on interstate commerce. After the "Lopez" decision, the act was amended to specifically only apply to guns that had been moved via interstate commerce.
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Powell v. McCormack Powell v. McCormack, 395 U.S. 486 (1969) is a United States Supreme Court case in which the Court decided that the of Article One of the United States Constitution is an exclusive list of qualifications of members of the House of Representatives; the House may exclude a duly elected member for only those reasons enumerated in the clause.
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United States v. Comstock United States v. Comstock, 560 U.S. 126 (2010) , was a decision by the Supreme Court of the United States, which held that the federal government has authority under the Necessary and Proper Clause to require the civil commitment of individuals already in Federal custody. The practice, introduced by the Adam Walsh Child Protection and Safety Act, was upheld against a challenge that it fell outside the enumerated powers granted to Congress by the Constitution. The decision did not rule on any other aspect of the law's constitutionality, because only the particular issue of Congressional authority was properly before the Court.
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United States v. Williams (1951) United States v. Williams, 341 U.S. 70 (1951) , is a decision by the United States Supreme Court that provides that (protecting US citizens' Fourteenth Amendment rights from individuals sworn to uphold laws) may only be applied to federal cases and is not available to the state governments.
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No Religious Test Clause The No Religious Test Clause of the United States Constitution is a clause within Article VI, Section 3. By its plain terms, no federal office holder or employee can be required to adhere to or accept any particular religion or doctrine as a prerequisite to holding a federal office or a federal government job. It immediately follows a clause requiring all federal and state officers to take an oath or affirmation to support the Constitution. This clause contains the only explicit reference to religion in the original seven articles of the U.S. Constitution.
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List of clauses of the United States Constitution The United States Constitution and its amendments comprise hundreds of clauses which outline the functioning of the United States Federal Government, the political relationship between the states and the national government, and affect how the United States federal court system interprets the law. When a particular clause becomes an important or contentious issue of law, it is given a name for ease of reference.
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Federal judiciary of the United States The federal judiciary of the United States is one of the three co-equal branches of the federal government of the United States organized under the United States Constitution and laws of the federal government. Article III of the Constitution requires the establishment of a Supreme Court and permits the Congress to create other federal courts, and place limitations on their jurisdiction. Article III federal judges are appointed by the President with the consent of the Senate to serve until they resign, are impeached and convicted, retire, or die.
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Brown v. Maryland Brown v. Maryland, 25 U.S. (12 Wheat.) 419 (1827), was a significant United States Supreme Court case which interpreted the Import-Export and Commerce Clauses of the U.S. Constitution to prohibit discriminatory taxation by states against imported items after importation, rather than only at the time of importation. The state of Maryland passed a law requiring importers of foreign goods to obtain a license for selling their products. Brown was charged under this law and appealed. It was the first case in which the U.S. Supreme Court construed the Import-Export Clause. Chief Justice John Marshall delivered the opinion of the court, ruling that Maryland's statute violated the import-export and commerce clauses and the federal law was supreme. He alleged that the power of a state to tax goods did not apply if they remained in their "original package". A license tax on the importer was essentially the same as a tax on an import itself. Despite arguing the case for Maryland, future chief justice Roger Taney admitted that the case was correctly decided.
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Sheldon v. Sill Sheldon v. Sill, 49 U.S. (8 How.) 441 (1850), is a ruling by the Supreme Court of the United States holding that Congress may restrict the jurisdiction of the lower federal courts by limiting the subjects those courts may hear, even if those subjects fall within the federal judicial power defined by the United States Constitution.
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Presentment Clause The Presentment Clause (Article I, Section 7, Clauses 2 and 3) of the United States Constitution outlines federal legislative procedure by which bills originating in Congress become federal law in the United States.