Tag: DO
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Domestic Violence
The President's Duty in Cases of Domestic Violence in the StatesSee Article IV, § 4, Guarantee of Republican Form of Government, and discussion of "Martial Law and Domestic Disorder" under Article II, § 2, cl. 1.ResourcesNotes and ReferencesThis text about <a href=&q…
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Dormant Federal Power
State Laws Affecting Foreign Relations-Dormant Federal Power and PreemptionIf the foreign relations power is truly an exclusive federal power, with no role for the states, a logical consequence, the Supreme Court has held, is that some state laws impinging on foreign relations are invalid even in th…
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Doctrine of Political Questions
The Doctrine of Political QuestionsIt is not within the province of the courts to inquire into the policy underlying action taken by the "political departments"- Congress and the President-in the exercise of their conceded powers. This commonplace maxim is, however, sometimes given an enla…
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Domestic Disorder
Martial Law and Domestic DisorderPresident Washington himself took command of state militia called into federal service to quell the Whiskey Rebellion, but there were not too many occasions subsequently in which federal troops or state militia called into federal service were required.<a name=t1 hre…
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Doctrine of Inalienability
Doctrine of Inalienability as Applied to Eminent Domain, Taxing, and Police PowersThe second of the doctrines mentioned above, whereby the principle of the subordination of all persons, corporate and individual alike, to the legislative power of the state has been fortified, is the doctrine that cer…
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Doctrine of Nondelegability
Overview of the Doctrine of NondelegabilityThe Supreme Court has sometimes declared categorically that "the legislative power of Congress cannot be delegated." 1 On other occasions, however, it has recognized more forthrightly, as Chief Jus…