Unit 1.8 Constitutional Interpretations of Federalism

Commerce Clause

The clause in the Constitution (Article I, Section 8, Clause 1) that gives Congress the power to regulate all business activities that cross state lines or affect more than one state.

Dual Federalism

A system of government in which both the states and the national government remain supreme within their own spheres, each responsible for some policies. (layer cake idea)

Elastic Clause/Necessary and Proper Clause

Article I, Section 8, of the Constitution, which allows Congress to make all laws that are "necessary and proper" to carry out the powers of the Constitution. Often used to expand the power of the national government.

Enumerated/Expressed Powers

Powers specifically given to Congress and the national government in the Constitution; including the power to collect taxes, coin money, regulate foreign and interstate commerce, and declare war.

14th Amendment

Contains an equal protection clause. It prohibits the states from depriving "any person of life, liberty, or property, without due process of law."

implied powers

Powers that congress has that are not stated explicitly in the constitution.

McCullough v. Maryland court case

Necessary and Proper clause & Supremacy clause case: state powers did not include the right to collect taxes from institutions created by the federal government. Constitutional national laws override state laws.

Tenth Amendment

Amendment stating that the powers not delegated to the federal gov. are reserved to the states

United States v. Lopez

Congress had exceeded its commerce clause power by prohibiting guns in a school zone