Sunday, October 6, 2019

The Legislative Power of the US Congress Case Study

The Legislative Power of the US Congress - Case Study Example On the other hand, the Missouri statute regarding the transport of radioactive materials is also not valid because the transport of radioactive materials concerns US security issues which the federal government (and therefore Congress) has jurisdiction over with. As a matter of fact, it is the Department of Transportation which is delegated with the power to establish the guidelines for the packaging, limits of radioactivity and exposure limits of radioactive materials (Saha 293). Finally, the Missouri statute which imposes a pre-requisite of two-week counseling for marriage licenses issuance is valid because it is not in conflict with congressional legislative powers, current federal laws or is prohibited under s 10 of the US Constitution. Since the said statutes are assailed for their unconstitutionality, the federal courts should have proper jurisdiction over the first case because of it federal enactment, while the second case should be brought before the Missouri Supreme Court s ubject to review by the federal courts (Article 3, US Constitution). However, cases are not yet ripe for court determination because there is no actual legal dispute yet which concerns them (The Jurisdiction of Federal Courts). Ralph may file his case either in a Colorado federal district court or in a Colorado state court since both have concurrent jurisdiction over diversity cases or cases in which the litigants are citizens of different states.

No comments:

Post a Comment

Note: Only a member of this blog may post a comment.