AP Gov AMSCO 1.8 Constitutional Interpretation of Federalism Study Guide

What does Article I of the Constitution define?

The basic setup and operation of Congress, consisting of 10 sections.

Which sections of Article I detail the powers and limitations of Congress?

Sections 8, 9, and 10.

What are Enumerated Powers?

Powers specifically listed in Section 8, including the powers to tax, borrow money, raise an army, and create a postal system.

What is the Commerce Clause?

Section 8 of Article I, which empowers Congress to regulate commerce with other nations and among the states.

What is the Necessary and Proper Clause (Elastic Clause)?

Section 8, which grants Congress the power to make all laws necessary and proper for executing its enumerated powers.

What does Section 9 of Article I outline?

The limitations on what Congress cannot do, including the prohibition of habeas corpus and ex post facto laws.

What is habeas corpus?

The right to be formally charged after an arrest.

What is an ex post facto law?

A law that makes an act illegal after it has already been committed.

What powers are denied to the states in Section 10?

States cannot enter into treaties with other countries, coin money, or tax exports.

What does the 10th Amendment (1791) distinguish?

It distinguishes the two governing spheres between federal and state powers.

What are Delegated Powers/Expressed Powers?

Powers the Constitution delegates to the federal government, listed in Article 1, Section 8, along with job descriptions for the president and courts in Articles II and III.

What are Reserved Powers?

Powers that aren't specifically listed in the Constitution and therefore go to the states.

What does the 14th Amendment (1868) guarantee?

It promises US citizenship to anyone born or naturalized in the USA and requires states to guarantee privileges and immunities to their own citizens as well as those from other states.

What does the 14th Amendment prohibit state governments from doing?

It prohibits state governments from denying persons within their jurisdiction equal protection of the laws.

What was the ruling in McCulloch v. Maryland?

The Supreme Court ruled that Congress can create a national bank under implied powers and that states cannot tax or interfere with federal institutions.

What is Dual Federalism?

A system where the national government is supreme in its sphere, with authority given in Article I, while states are equally supreme in their own spheres.

What does Article I of the Constitution allow Congress to do?

It entitles Congress to legislate on commerce among the states, while not forbidding states from regulating commerce within their borders.

What is the doctrine of Exclusiveness in federal regulation?

It asserts that Congress may regulate only when a commodity requires a national uniform rule.

How did the system of federalism work historically regarding commerce?

The system worked because commerce and trade were primarily local, allowing states to maintain some regulatory authority.

Why is Congress increasingly interested in legislating business matters today?

Due to the advancement and growth of business matters that require more federal oversight.

What major trend occurred in democracy during the 1900s?

Democracy became stronger through a variety of government reforms.

How did Congress use its regulatory power in the 1900s?

Congress began relying on regulatory power over commerce to improve safety, health, and morals through legislation.

What was the purpose of the Mann Act of 1910?

It forbade the transportation of women across state lines for immoral purposes to crack down on prostitution.

What did the Automobile Theft Act of 1915 establish?

It made it a federal offense to knowingly drive a stolen car across state lines.

How did the conservative court of the 1800-1900s view corporations?

The court declared that corporations, as well as individuals, were protected by the Constitution and questioned many health and safety regulations.

What was the ruling in Hammer v. Dagenhart (1918)?

The Court ruled that child labor was entirely in the sphere of manufacturing, not commerce, thus outside congressional authority.

What distinction did Hammer v. Dagenhart establish?

It established a line between manufacturing as the creation of goods and commerce as the exchange of goods.

What significant change occurred in 1920 regarding national authority?

The court made both production and commerce subject to national authority.

What was the outcome of United States v. Darby?

The Supreme Court upheld the Fair Labor Standards Act of 1938 and overturned Hammer v. Dagenhart.

What did United States v. Lopez determine about Congress's powers?

The Court doesn't always allow Congress to legislate under the guise of regulating commerce.

What was the purpose of the Violence Against Women Act (1994)?

Congress passed this law under the commerce clause, arguing that domestic violence had significant costs for taxpayers.

What was the ruling in United States v. Morrison regarding the Violence Against Women Act?

The Supreme Court stated the commerce clause was inappropriately used to legislate against domestic violence and struck down parts of the Act.

Why did the Supreme Court strike down parts of the Violence Against Women Act?

Because crimes of domestic violence weren't economic in nature and the 14th Amendment didn't give Congress the authority to pass the law as a civil rights remedy.

Does the 14th Amendment give Congress authority to pass the law (Violence Against Women Act) as a civil rights remedy?

No, this is under the jurisdiction of the states