Also known as: political powers · state power · governmental authority
Written by attorneys · grounded in primary & secondary sources — see below
The authority vested in a person or body of persons exercising any function of the state. The capacity to influence the activities of the body politic.
Portia Price left her post at a federal agency with nonpublic test results about a company's product. She later joined a firm and agreed to represent a competitor suing that company over the same product. The agency moved to disqualify her because her retained knowledge could place the company at a material disadvantage in the litigation, exceeding the scope of political power she retained after leaving office.
The President nominated Pedro Pacheco to a federal office under a statute that made the position removable only for cause. After the nomination, the President attempted to revoke it before Senate confirmation. Pacheco sued, claiming the revocation exceeded the President's political power once the appointment process had begun.
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State officials refused to issue marriage licenses to same-sex couples under a state statute. The couples sued, arguing the statute violated the Fourteenth Amendment. The Supreme Court held that the fundamental right to marry includes same-sex couples and that states could not withhold recognition based on their own exercise of political power.
A federal statute limited contributions by corporations and unions to political parties. Candidates and parties challenged the limits as unconstitutional restrictions on political speech. The Court upheld most provisions, recognizing Congress's political power to regulate the flow of money in elections to prevent corruption.
A city approved the taking of private homes to transfer the land to a private developer for an economic redevelopment project. Homeowners sued, claiming the takings violated the Fifth Amendment. The Court held that the city's determination of public purpose fell within its political power to promote economic development.
A state board required public school students to salute the flag each day. Students whose religious beliefs forbade the salute were expelled. The Court held that the state could not use its political power to compel affirmation of a belief, because the First Amendment protects the right to refrain from speaking.
Sovereign political power operates absolutely within its sphere and cannot be annulled by any other recognized power in the constitutional system. Subordinate political power remains subject to external control by a superior constitutional authority that can prevent, restrict, or annul its operation.
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No. A statute that gives church-affiliated schools the power to veto nearby liquor licenses unconstitutionally delegates state power to religious bodies and violates the Establishment Clause.
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A lawyer who possesses confidential government information acquired during public service may not represent a private client whose interests are adverse to the subject of that information if the information could be used to the material disadvantage of that person.
Yes. The national government possesses only enumerated powers. Powers not granted to it and not denied to the states remain with the states or the people.
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…laws for a remedy. How does this rule apply to the present case? The power of nominating and appointing by the President are political powers to be exercised by him according to his discretion. When he has made an appointment he has exercised his power. If the officer is by law removable at the will of the President a new…