Also known as: legislative branches · legislature
Written by attorneys — see sources below.
The branch of government responsible for enacting laws. It holds the power to lay and collect taxes, regulate commerce, declare war, and make all laws necessary and proper for executing its enumerated powers.
Lighthouse Shipping faces new federal taxes on imports. Congress exercises its power under Article I Section 8 to lay and collect duties uniform throughout the United States. The company must pay the assessed amounts or face enforcement actions by federal authorities.
Legacy Motors receives an executive order on emissions standards. The House passes a resolution blocking the order without Senate approval or presidential presentment. A court invalidates the resolution because it bypasses bicameralism and presentment requirements.
Latoya Lane seeks to enforce a state court judgment in federal court. The state legislature's act is authenticated with the state seal and clerk attestation. The federal court must give the judgment full faith and credit under the governing statute.
Leonard Lowe challenges how his state allocates presidential electors. The state legislature directs appointment of electors equal to its congressional representation. The allocation stands because the Constitution assigns this power to state legislatures.
Lillian Locke objects to a state law requiring Ten Commandments posters in public schools. The legislature asserts a secular purpose but the statute's religious character predominates. A court invalidates the law under the Establishment Clause.
Lucia Lopez faces delinquency proceedings in state court. The legislature sets a preponderance standard for the offense. The court applies the beyond-a-reasonable-doubt requirement because due process commands it for juvenile adjudications.
During a 1967 adjudicatory hearing conducted pursuant to section 742 of the New York Family Court Act, a judge in New York Family Court found that the twelve-year-old appellant had entered a locker and stolen one hundred twelve dollars from a woman's pocketbook. The petition which charged appellant with delinquency alleged that his act, if done by an adult, would constitute the crime or crimes of larceny. The judge acknowledged that the proof might not establish guilt beyond a reasonable doubt but relied on section 744(b) of the New York Family Court Act, which provides that any determination at the conclusion of an adjudicatory hearing that a juvenile did an act or acts must be based on a preponderance of the evidence. After a subsequent dispositional hearing, appellant was ordered placed in a training school for an initial period of eighteen months, subject to annual extensions of his commitment until his eighteenth birthday, six years in appellant's case. The Appellate Division of the New York Supreme Court, First Judicial Department, affirmed without opinion. The New York Court of Appeals then affirmed by a four-to-three vote, expressly sustaining the constitutionality of section 744(b). The Supreme Court noted probable jurisdiction.
View caseThe legislative branch holds enumerated powers including laying taxes, regulating commerce, declaring war, and making laws necessary and proper to execute those powers. These powers are vested exclusively in Congress by Article I.
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A one-house veto alters legal rights without bicameral passage and presentment to the President. The Constitution requires both houses and presidential approval for exercises of legislative power affecting persons outside Congress.
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State legislative acts and judicial proceedings must be authenticated with seals and attestations. Once authenticated they receive the same credit in other courts as they receive in the originating state.
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State legislatures direct the manner of appointing presidential electors. Each state receives a number of electors equal to its total senators and representatives.
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…department alone. There may be acts of the Executive which are political and not examinable by the courts. But when the legislature imposes other duties on an officer and directs peremptorily the performance of certain acts on which rights of individuals depend, the officer is amenable to law for his conduct. The heads…