Necessarily, powers must here intend such powers as are suitable and fitted to the object; such as are best and most useful in relation to the end proposed. If this be not so, and if congress could use no means but such as were absolutely indispensable to the existence of a granted power, the government would hardly exist; at least, it would be wholly inadequate to the purposes of its formation. 17 U.S. 316, 324-325.
Furthermore, the Court firmly established the supremacy of the Federal government, by determining that state action could not impede the Federal government's valid exercise of power. The Court determined that:
The constitution, therefore, declares, that the constitution itself, and the laws passed in pursuance of its provisions, shall be the supreme law of the land, and shall control all state legislation and state constitutions, which may be incompatible therewith; and it confides to this court the ultimate power of deciding all questions arising under the constitution and laws of the United States. The laws of the United States, then, made in pursuance of the constitution, are to be the supreme law of the land, anything in the laws of any state to the contrary notwithstanding. 17 U.S. 316, 326-327.
Even recently, the Court has been willing to recognize the breadth of the Executive branch's powers. In Dames & Moore v. Regan, 453 U.S. 654 (1981), the Court determined once Congress has delegated power to the Executive branch, the Executive has broad authority to act under that scope. Furthermore, the Court approved the suspension of claims filed in U.S. Courts, despite the fact that there was no statute authorizing such a suspension. As a result, the Court basically stated that the President's authority could be virtually unlimited, given the appropriate circumstances and a grant of Congressional authorization. There is a presumption that the President is acting pursuant to Congress' consent. Furthermore, the President has the power to enter into executive agreements with or without Congressional authorization.
However, there are concerns that the failure by the Supreme Court or Congress to interfere with the Executive's actions in the current war may be resulting in the abrogation of constitutional protections. There are concerns that the Bush Administration's action in denying civilians access to civilian courts and forcing them to make their claims in military tribunals has expanded the President's power in an unconstitutional manner. (ACSBlog). However, the fact is that the Supreme Court has taken steps to end the administration's unilateral abrogation of constitutional protections. In a case about Guantanamo detainees, the entire...
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