Constitutional Law Where does FED or STATE legislature get its power? 1. Congress i. – if abused their powers. It is up to the court to interpret it (Marbury v. Madison) 1. They don’t have the power, because it is not enumerated. Our govt is a govt of enumerated powers, or 2. Power was exceeded 14th Amend. § 5 Kimmel Test to see if the Congress esceeded ii. If breached its limits. There are immunities and privileges of the people and if they pass a law that breaches it Amend 14th §1 then…
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