Keep this record close at hand as the Senate prepares to debate a proposal to modify the mission initially authorized in the 2002 Resolution Authorizing the Use of Force in Iraq.[4] First, we will examine the details of the authorization to go to war in Iraq and then how this decision relates to previous war powers authorization debates for Kosovo and Lebanon.
Contest for Constitutional Authority: The Abortion and War Powers Debates
Issue: Can Congress establish a national bank, and if so, can a state tax this bank?Result: The Court held that Congress had implied powers to establish a national bank under the "necessary and proper" clause of the U.S. Constitution. The Court also determined that United States laws trump state laws and consequently, a state could not tax the national bank.Importance: The McCulloch decision established two important principles for constitutional law that continue today: implied powers and federal supremacy.
Nevertheless, it has never been considered necessary to the validity of a tax that the party charged shall have been present, or had an opportunity to be present, in some tribunal when he was assessed.498 Where a tax board has its time of sitting fixed by law and where its sessions are not secret, no obstacle prevents the appearance of any one before it to assert a right or redress a wrong and in the business of assessing taxes, this is all that can be reasonably asked.499 Nor is there any constitutional command that notice of an assessment as well as an opportunity to contest it be given in advance of the assessment. It is enough that all available defenses may be presented to a competent tribunal during a suit to collect the tax and before the demand of the state for remittance becomes final.500
617 As to the question of whether an abortion statute that is unconstitutional in some instances should be struck down in application only or in its entirety, see Ayotte v. Planned Parenthood of Northern New England, 546 U.S. 320 (2006) (challenge to parental notification restrictions based on lack of emergency health exception remanded to determine legislative intent regarding severability of those applications).
Our Constitution is in crisis. More than 90 percent of federal requirements are now imposed by regulatory agencies, without any vote of the House or Senate or signature of the President. The current Administration has exceeded its constitutional authority, brazenly and flagrantly violated the separation of powers, sought to divide America into groups and turn citizen against citizen. The President has refused to defend or enforce laws he does not like, used executive orders to enact national policies in areas constitutionally reserved solely to Congress, made unconstitutional "recess" appointments to Senate-confirmed positions, directed regulatory agencies to overstep their statutory authority, and failed to consult Congress regarding military action overseas. He has changed what John Adams called "a government of laws and not of men" into just the opposite.
Our most urgent task as a Party is to restore the American people's faith in their government by electing a president who will enforce duly enacted laws, honor constitutional limits on executive authority, and return credibility to the Oval Office. We need a Republican president who will end abuses of power by departments and agencies, like the IRS and the EPA, and by the White House itself. Safeguarding our liberties requires a president who will respect the Constitution's separation of powers, including the authority of Congress to write legislation and define agency authority. Americans also deserve a president who will speak for our nation's history and values, not apologize for them to our enemies.
We salute the Congressional Republicans who have legislatively impeded his plans to turn over the Information Freedom Highway to regulators and tyrants. That fight must continue, for its outcome is in doubt. We will consistently support internet policies that allow people and private enterprise to thrive, without providing new and expanded government powers to tax and regulate so that the internet does not become the vehicle for a dramatic expansion of government power. The internet's independence is its power. It has unleashed innovation, enabled growth, and inspired freedom more rapidly and extensively than any other technological advance in human history. We will therefore resist any effort to shift control toward governance by international or other intergovernmental organizations. We will ensure that personal data receives full constitutional protection from government overreach. The only way to safeguard or improve these systems is through the private sector. The internet's free market needs to be free and open to all ideas and competition without the government or service providers picking winners and losers.
China's behavior has negated the optimistic language of our last platform concerning our future relations with China. The liberalizing policies of recent decades have been abruptly reversed, dissent brutally crushed, religious persecution heightened, the internet crippled, a barbaric population control two-child policy of forced abortions and forced sterilizations continued, and the cult of Mao revived. Critics of the regime have been kidnapped by its agents in foreign countries. To distract the populace from its increasing economic problems and, more importantly, to expand its military might, the government asserts a preposterous claim to the entire South China Sea and continues to dredge ports and create landing fields in contested waters where none have existed before, ever nearer to U.S. territories and our allies, while building a navy far out of proportion to defensive purposes. The complacency of the Obama regime has emboldened the Chinese government and military to issue threats of intimidation throughout the South China Sea, not to mention parading their new missile, "the Guam Killer," down the main streets of Beijing, a direct shot at Guam as America's first line of defense. Meanwhile, cultural genocide continues in Tibet and Xinjiang, the promised autonomy of Hong Kong is eroded, the currency is manipulated, our technology is stolen, and intellectual property and copyrights are mocked in an economy based on piracy. In business terms, this is not competition; it is a hostile takeover. For any American company to abet those offenses, especially governmental censorship and tracking of dissenters, is a disgrace.
The second case involves the proscription of certain abortions. In July 2005, the Court of Appeals for the 8th Circuit enjoined as unconstitutional the federal Partial Birth Abortion Ban Act of 2003, because of its failure to provide for a health exception for women.16 If the Supreme Court reverses this decision (two other cases involving the 2003 Act also are moving through the appeals system) and holds that in certain instances a health exception is not required to make the regulation of abortion Constitutional, then a federal law will criminalize certain medical procedures that may be considered perfectly legal under state law.
A pregnant single woman (Roe) brought a class action challenging the constitutionality of the Texas criminal abortion laws, which proscribe procuring or attempting an abortion except on medical advice for the purpose of saving the mother's life. A licensed physician (Hallford), who had two state abortion prosecutions pending against him, was permitted to intervene. A childless married couple (the Does), the wife not being pregnant, separately attacked the laws, basing alleged injury on the future possibilities of contraceptive failure, pregnancy, unpreparedness for parenthood, and impairment of the wife's health. A three-judge District Court, which consolidated the actions, held that Roe and Hallford, and members of their classes, had standing to sue and presented justiciable controversies. Ruling that declaratory, though not injunctive, relief was warranted, the court declared the abortion statutes void as vague and overbroadly infringing those plaintiffs' Ninth and Fourteenth Amendment rights. The court ruled the Does' complaint not justiciable. Appellants directly appealed to this Court on the injunctive rulings, and appellee cross-appealed from the District Court's grant of declaratory relief to Roe and Hallford.
This Texas federal appeal and its Georgia companion, Doe v. Bolton, post, p. 179, present constitutional challenges to state criminal abortion legislation. The Texas statutes under attack here are typical of those that have been in effect in many States for approximately a century. The Georgia statutes, in contrast, have a modern cast, and are a legislative product that, to an extent at least, obviously reflects the influences of recent attitudinal change, of advancing medical knowledge and techniques, and of new thinking about an old issue.
Jane Roe, [Footnote 4] a single woman who was residing in Dallas County, Texas, instituted this federal action in March 1970 against the District Attorney of the county. She sought a declaratory judgment that the Texas criminal abortion statutes were unconstitutional on their face, and an injunction restraining the defendant from enforcing the statutes.
Roe alleged that she was unmarried and pregnant; that she wished to terminate her pregnancy by an abortion "performed by a competent, licensed physician, under safe, clinical conditions"; that she was unable to get a "legal" abortion in Texas because her life did not appear to be threatened by the continuation of her pregnancy; and that she could not afford to travel to another jurisdiction in order to secure a legal abortion under safe conditions. She claimed that the Texas statutes were unconstitutionally vague and that they abridged her right of personal privacy, protected by the First, Fourth, Fifth, Ninth, and Fourteenth Amendments. By an amendment to her complaint, Roe purported to sue "on behalf of herself and all other women" similarly situated. 2ff7e9595c
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