Constitutional Provisions | Center for the Study of Federalism https://federalism.org/encyclopedia/topics/constitutional-provisions/ A Nonpartisan Research Institution Dedicated to Studying and Researching the Theory and Practice of Federalism Fri, 18 Aug 2023 11:44:21 +0000 en-US hourly 1 https://federalism.org/wp-content/uploads/2023/07/CSF-Icon-Color@0.5x-100x100.png Constitutional Provisions | Center for the Study of Federalism https://federalism.org/encyclopedia/topics/constitutional-provisions/ 32 32 170862320 Sixteenth Amendment https://federalism.org/encyclopedia/constitutional-provisions/sixteenth-amendment/ Fri, 18 Aug 2023 11:44:21 +0000 https://federalism.org/encyclopedia/no-topic/sixteenth-amendment/ The Sixteenth Amendment states, “The Congress shall have the Power to lay and collect taxes on incomes, from whatever source derived, without apportionment among the several States, and without regard...

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]]> 9345 Three-fifths Compromise https://federalism.org/encyclopedia/constitutional-provisions/three-fifths-compromise/ Fri, 18 Aug 2023 05:32:27 +0000 https://federalism.org/encyclopedia/no-topic/three-fifths-compromise/ The “three-fifths compromise” refers to the agreement among the framers of the U.S. Constitution that produced the opening sentence of Article I, Section 2, Clause 3, which states, “Representatives and...

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]]> 9330 Taxing and Spending Power https://federalism.org/encyclopedia/constitutional-provisions/taxing-and-spending-power/ Thu, 17 Aug 2023 04:19:00 +0000 https://federalism.org/encyclopedia/no-topic/taxing-and-spending-power/ The power to “provide for the common Defense and general Welfare of the United States,” more briefly called the spending power, is significantly lodged in the first delegated power along...

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]]> 9319 McDonald v. City of Chicago (2010) https://federalism.org/encyclopedia/constitutional-provisions/mcdonald-v-city-of-chicago-2010/ Sun, 13 Aug 2023 03:59:26 +0000 https://federalism.org/encyclopedia/no-topic/mcdonald-v-city-of-chicago-2010/ McDonald v. City of Chicago, 561 U.S. 742 (2010) revisited the incorporation debate that was central to American constitutionalism during the 1950s and 1960s but had lain dormant for nearly...

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]]> 9275 Implied Powers of the U.S. Constitution https://federalism.org/encyclopedia/constitutional-provisions/implied-powers-of-the-u-s-constitution/ Fri, 11 Aug 2023 05:13:08 +0000 https://federalism.org/encyclopedia/no-topic/implied-powers-of-the-u-s-constitution/ The United States, unlike most other national governments, is a government of limited powers. In theory, it possess only those powers specifically granted it by the Constitution, most of which...

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]]> 9235 Necessary and Proper Clause https://federalism.org/encyclopedia/constitutional-provisions/necessary-and-proper-clause/ Fri, 11 Aug 2023 00:38:22 +0000 https://federalism.org/encyclopedia/no-topic/necessary-and-proper-clause/ Article I, Section 8, provides, “The Congress shall have Power . . . To make all Laws which shall be necessary and proper for carrying into Execution the foregoing Powers,...

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]]> 9220 Interstate Commerce https://federalism.org/encyclopedia/constitutional-provisions/interstate-commerce/ Thu, 10 Aug 2023 07:09:27 +0000 https://federalism.org/encyclopedia/no-topic/interstate-commerce/ The U.S. Constitution (Article I, Section 8, Clause 3) authorizes Congress “to regulate commerce . . . among the several states”; this is the so-called Commerce Clause. Since the United...

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]]> 9212 Equal Rights Amendment https://federalism.org/encyclopedia/constitutional-provisions/equal-rights-amendment/ Wed, 09 Aug 2023 07:44:57 +0000 https://federalism.org/encyclopedia/no-topic/equal-rights-amendment/ The Equal Rights Amendment (ERA) was a proposed amendment to the U.S. Constitution to guarantee women’s rights and equality under the law. The amendment passed Congress in 1972, but was...

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]]> 9195 Contract Clause https://federalism.org/encyclopedia/constitutional-provisions/contract-clause-2/ Wed, 09 Aug 2023 05:39:13 +0000 https://federalism.org/encyclopedia/no-topic/contract-clause-2/ Article I, Section 10, of the Constitution provides, “No state shall . . . pass any law impairing the Obligation of Contracts.” Often overlooked today, the Contract Clause occupied a...

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]]> 9174 Nationalization of the Bill of Rights https://federalism.org/encyclopedia/constitutional-provisions/nationalization-of-the-bill-of-rights/ Wed, 09 Aug 2023 05:15:55 +0000 https://federalism.org/encyclopedia/no-topic/nationalization-of-the-bill-of-rights/ As it emerged from the Philadelphia convention in the fall of 1787, the proposed new Constitution of the United States did not contain a bill of rights. During the struggle...

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]]> 9172 New Jersey Plan https://federalism.org/encyclopedia/constitutional-provisions/new-jersey-plan/ Wed, 09 Aug 2023 04:49:39 +0000 https://federalism.org/encyclopedia/no-topic/new-jersey-plan/ On June 14, 1787, William Paterson, delegate from New Jersey, rose in the Convention on behalf of a coalition of delegates who desired to offer a “purely federal” plan as...

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]]> 9170 Connecticut Compromise https://federalism.org/encyclopedia/constitutional-provisions/connecticut-compromise/ Wed, 09 Aug 2023 04:28:22 +0000 https://federalism.org/encyclopedia/no-topic/connecticut-compromise/ The Connecticut Compromise was a proposal in the Constitutional Convention of 1787 to create a bicameral legislature composed of a Senate, with equal representation of the states, and a House...

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]]> 9166 Seventeenth Amendment https://federalism.org/encyclopedia/constitutional-provisions/seventeenth-amendment/ Wed, 09 Aug 2023 04:26:13 +0000 https://federalism.org/encyclopedia/no-topic/seventeenth-amendment/ On May 12, 1912, the Seventeenth Amendment, replacing indirect election of the U.S. senators by state legislatures with direct election by the people, was approved by the Congress; it was...

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