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Essay On The Power Of And Limits On Congress

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The powers of and limits on Congress are addressed first and in more detail to enlighten us on what they can and cannot do legally. The people of the United States have the right to know what the people in control have the power to do and their limits. That will prevent Congress from abusing their power and allow us to hold them accountable to what the Constitution states. One provision that addresses legislative powers in the Constitution is: AMENDMENT I “Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the Government for a redress of grievances.” The Constitution …show more content…

The enforcement provisions contained in these amendments cover the powers of Congress originally enumerated in Article One, Section 8 of the Constitution, and have the result of increasing the power of Congress and lessening that of the individual states. Congress had only the authority granted to it by the constitution. Before, in the Civil Rights Cases determined in 1883, the Supreme Court settled that the Congressional enforcement power in Section 5 of the Fourteenth Amendment did not allow Congress to use the Privileges or Immunities Clause of that amendment to prohibit racial discrimination in public places operated by private individuals, such as hotels and theaters. The Supreme Court stated that meanwhile the Fourteenth Amendment only limited state action, Congress required power under this amendment to prohibit discrimination that was not supported by the state. This presiding has not been reversed, even though in current times, corresponding civil rights legislation has been maintained under Congress's power to control administrative commerce under Article One, Section 8 of the

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