AP Gov Mini Unit

Where is the Commerce Clause found in the Constitution?

Article I, Section 8, Clause 3

Commerce Clause

grants Congress the power to regulate commerce with foreign nations, among the states, and with Native Americans tribes

(now a days, has been interpreted to mean anything that affects or has to do with the the economy like goods, services, jobs, income, GDP, etc.)

Where is the Necessary and Proper Clause found in the Constitution?

Article I, Section 8, Clause 18

What is the Necessary and Proper Clause also known as?

The “Elastic Clause”

Necessary and Proper Clause

grants Congress the power to pass all laws necessary and proper for carrying out the enumerated powers (above 17 listed in this section)

Where is the Full Faith and Credit Clause found in the Consitution?

Article IV, Section 1

Full Faith and Credit Clause

requires states to recognize and respect the “public acts, records, and judicial proceedings” of all other states

Where is the Privileges and Immunities Clause found in the Constitution?

Article IV, Section 2, Clause 1

Privileges and Immunities Clause

prevents states from discriminating against citizens of other states by giving them the same fundamental rights and protections as their own residents

Where is the Supremacy Clause found in the Constitution?

Article IV, Clause 2

Supremacy Clause

the Constitution, federal laws, and treaties are the “supreme Law of the Land,” taking precedence over conflicting state laws

Pros of the Necessary and Proper Clause

• allows for national gov flexibility

• strengthens the federal gov

Cons of the Necessary and Proper Clause

• potential for abuse of power

• very vague, so its open to interpretation

Pros of the Commerce Clause

• creates a national market

• enables federal regulation

Cons of the Commerce Clause

• expands federal power (some argue maybe too much)

• very vague

Pros of the Full Faith and Credit Clause

• promotes national unity

• simplifies legal processes

Cons of the Full Faith and Credit Clause

• conflicts between state laws

• enforcement challenges (lengthy legal process)

Pros of the Privileges and Immunities Clause

• promotes a unified national economy

• fosters national unity

Cons of the Privileges and Immunities Clause

• vague language creates legal uncertainty

• limits states’ powers to address local needs

Pros of the Supremacy Clause

• ensures legal uniformity predictability

• provides a clear method for resolving conflicts

Cons of the Supremacy Clause

• reduces state autonomy and power

• can lead to “one-size-fits-all” federal policies (ill suited for some states)

Living Constitutionalist/Expansionary/Constitutionalist

This philosophy views the Constitution as a dynamic document whose meaning evolves with societal changes, values, and norms. Proponents argue that the Constitution’s broad language was meant to be flexible and adaptable to new circumstances and technologies.

Original Constitutionalist/Intentionalist/Strict Constitutionalist

This philosophy holds that the Constitution should be interpreted as it was originally written and understood by the public at the time of its ratification. Originalists believe the Constitution’s meaning is fixed and does not change over time, unless formally amended.

McCulloch v. Maryland 1819 (background info)

• U.S. National Bank (controversial)

• located in many states—this particular one was located in the State of Maryland

• McCulloch was the manager at this Federal Bank location

• The State of Maryland (which taxes all of it’s businesses taxed this federal bank

• McCulloch refused to pay on the grounds that the Federal government should not be taxed by a State government

What did the Supreme Court decide in the case of McCulloch v. Maryland?

The Supreme Court with McCullough using the Supremacy Clause in Article 6.

How was federalism demonstrated in the case of McCulloch v. Maryland?

National government is supreme over State governments and a national bank is legal for Congress to create under the Necessary and Proper Clause and Commerce Clause.

Which government did the Supreme Court give the power to in McCulloch v. Maryland?

The National Governement

Loving v. Virginia 1967 (background info)

• before this case, biracial marriage was illegal in some States or local governments

• the Loving couple took Virginia to the Supreme Court using the 14th amendment

What did the Supreme Court decide in the case of Loving v. Virginia?

The Supreme Court sided with the Lovings—all States must remove all laws limiting or outlawing biracial marriage.

How was federalism demonstrated in the case of Loving v. Virginia?

National government expanding its owner to ensure that all States remove discrimination laws pertaining to biracial marriage.

Which government did the Supreme Court give the power to in Loving v. Virginia?

The National Government

Roe v. Wade 1973 (background info)

• before Roe v. Wade each State got to decide it’s abortion laws (legality/availability/limits)

• Jane Roe lived in Texas where it was 100% illegal; could not obtain an abortion but wished to have one

What did the Supreme Court decide in the case of Roe v. Wade?

Supreme Court ruled in Roe’s favor that the right to privacy (4th, 6th, 9th, and 14th amendment mixture) should allow citizens of all States the option of abortion, but States can make laws pertaining to it but not outlawing it completely. (This was later overturned in Dobbs v. Jackson Women’s Health Organization)

How was federalism demonstrated in the case of Roe v. Wade?

Made the national government stronger by forcing the legality of this procedure in all States.

Which government did the Supreme Court give the power to in Roe v. Wade?

The National Government

What did the Supreme Court decide in the case of Dobbs v. Jackson Women’s Health Organization? (2022)

Now States can decide whether or not abortion is legal or not again.

How was federalism demonstrated in the case of Dobbs v. Jackson Women’s Health Organization?

Gave the power back to the States to allow them to decide for themselves.