Constitutional law of the United States

[27] Congress is authorized to "regulate commerce with foreign nations, and among the several states, and with the Indian tribes" under Article I, Section 8, Clause 3 of the Constitution.

[32] Further expansion of Congress's commerce clause power continued with Wickard v. Filburn in 1942 involving a farmer's refusal to comply with a federal quota.

[33] This case largely ended challenges to laws based upon the extent of power bestowed by the commerce clause until United States v. Lopez (1995).

[35] Clause 1 of Article I, § 8 grants Congress the power to levy and collect taxes provided that they are uniform across the nation.

[37] Other federal powers specifically enumerated by Section 8 of Article I of the United States Constitution (and generally considered exclusive to the federal government) are: Members of the Senate and of the House of Representatives have immunity for all statements made on the floor of Congress except in cases of "Treason, Felony, or Breach of the Peace "(Art.

[45] The Supreme Court subsequently declared the line-item veto unconstitutional as a violation of the Presentment Clause in Clinton v. City of New York, 524 U.S. 417 (1998).

[47][48] The Supreme Court rarely addresses the issue of the president's use of troops, and have been dismissed on grounds that their use is a political question.

[49] This includes members of the cabinet, top-level agency officials, Article III judges, US Attorneys, and the Chairman of the Joint Chiefs, among many other positions.

Under the modern interpretation of "advice and consent," a presidential appointment must be confirmed by majority vote in the Senate in order to take effect.

[50] Article II, Section 2 gives Congress the discretion to vest the appointment of "inferior officers" in either the President alone, the heads of departments, or the lower federal courts.

[52] Executive Immunity Sitting presidents enjoyed immunity from civil suit for damages arising from actions taken while in office, but this rule was significantly curtailed by the Supreme Court's decision in Clinton v. Jones, which held that sitting Presidents could be sued for actions before taking office or unrelated to the discharge of executive powers.

[53] Article Three of the United States Constitution vests the judicial power of the federal government in the Supreme Court.

Taken literally, the Amendment prohibits a citizen from suing a state in federal court through the sovereign immunity doctrine.

[62] The freedom of speech does not extend to libel, but New York Times Co. v. Sullivan (1964) established a higher level of protection for the press.

[66] Notable cases include Tennessee v. Scopes, Engel v. Vitale, Abington School District v. Schempp, Georgetown College v. Jones, Lemon v. Kurtzman, Goldman v. Weinberger, County of Allegheny v. ACLU, and Rosenberger v. University of Virginia.

[71] The Fifth Amendment ensures that no person will be deprived of "life, liberty, or property, without due process of law" and protects oneself against self incrimination.

[74] Cases concerning its interpretation include Baldwin v. New York, Barker v. Wingo, Crawford v. Washington, Duncan v. Louisiana, and Melendez-Diaz v.

[76] Hardware Dealers Mutual Fire Insurance Co. of Wisconsin v. Glidden Co. (1931) is the most recent significant case regarding the Amendment's interpretation.

[77] Other notable cases include Malloy v. Hogan, Witherspoon v. Illinois, Gideon v. Wainwright, and Woodson v. North Carolina.