Powers of congress/clauses

Enumerated Powers/ expressed

The powers given exclusively to the national federal government

Implied Powers - 

Powers that are not explicitly stated or written in the constitution

Reserved Powers

The power given exclusively to the states

Concurrent

power given to both

necessary and proper clause/ elastic clause

Grants Congress the power to make laws that are necessary and proper for carrying out its enumerated powers. Elastic because of STRETCHING ITS POWERS, vaguely worded clauses

1. What is the Commerce Clause? 

 if there is business that affects two or more States interstate, then the Congress can regulate it.  

The commerce clause is basically business or trade.

the clauses that caused the Anti-Federalist concern:

1. The Necessary and Proper Clause (The Elastic Clause) 

2. The Supremacy Clause

3. The Commerce Clause

Implied powers

Powers not explicitly stated, or written in the Constitution

Social contract

agree to give up some of their freedoms for protection of our rights.

where they agree to give up some of their freedoms for protection and order and choose a person to be their leader.

Congress

Made up of 2 chambers the senate and the house of representatives which make up the 

     legislative branch (declare war, propose amendments, money)

Bi-Cameral

The Constitution created a Congress with two houses: the Senate, where each state has 

 equal representation, and the House of Representatives, where representation is based on 

       Population

House of Representatives

Part of congress that makes up the legislative branch. R

represents the people directly based on the state population. Those with a higher population have more representatives (2 year terms) (impeachment)

Senate

Part of congress that makes up the legislative branch. The senate gives equal representation to every state and not based on population. Regardless of the size of the state, they each get 2  Senators (6 year term) (ratifying treaties)

Outline of constitution 7 articles

1. Legislative branch

2. Executive branch

3. Judicial branch

4. The states

5. Amendments

6. Supremacy

7. ratification

Supremacy clause

federal laws, and treaties are the supreme law of the land, meaning they take precedence over state laws

McCulloch v. Maryland was the first case where we see the necessary and property clauses and supremacy clause were to determine

Equal protection clause

part of the Fourteenth Amendment. It ensures all individuals receive equal treatment under the law.

• Prevents state governments from discriminating.

• Basis for civil rights cases

Why did the Framers of the Constitution decide against a Democracy? (Two Wolves and a Sheep)

They were concerned about the potential for "tyranny of the majority," where the rights of minorities or individuals could be overridden by the will of the majority. If the majority always rules without checks, it could lead to unjust decisions that trample on the rights of those in the minority.

What is the Full Faith and Credit Clause?

Requires states to recognize and respect the public acts, records, and judicial proceedings of other states. This clause is designed to ensure that legal decisions and documents made in one state are honored in all other states

Dual federalism

State and federal governments operate separately, with clear, distinct responsibilities.

• Categorical grants =

• Block grants =

1. more federal control

2. more state flexibility

Cooperative federalism

promotes collaboration and shared responsibilities in addressing various issues

• Popular Sovereignty:

• Power from the people.

Establishment Clause.

• Ensures separation of church and state

• Prevents the government from establishing an official religion

• Prohibits government actions that favor one religion over another

"Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof..."

Free Exercise Clause

• Ensures people have the right to practice their religion freely without government interference.