Introduction to Legislative Power
Learn about the Supreme Court’s 1819 decision in McCulloch v. Maryland, and its recognition that the Constitution bestows upon Congress certain implied powers as means toward exercising its enumerated powers.
Perhaps the most important structural feature of the Constitution as it was enacted is the separation of powers, that is, the division of power between three distinct branches of government. Many difficult constitutional questions arise from the interaction between the three branches and the checks and balances the Constitution creates to ensure that no one branch becomes too powerful. This chapter introduces legislative power, executive power, and the separation of powers between the...