Federal/State Powers, Supremacy, the Elastic Clause, and Judicial Review

Federal Powers

also called enumerated, express and implied powers of Congress

State Powers

are called reserved powers; powers that are reserved for the states

Concurrent Powers

are powers that both the states and federal government have

YOU SHOULD RECOGNIZE and IDENTIFY WHICH POWERS ARE ENUMERATED, RESERVED, and CONCURRENT!

Study the Venn Diagram!

commerce

the buying and selling of goods; trade; business

regulate

to control with rules

Elastic 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. This "stretches" the power of Congress.

Article VI of the Constitution

Supremacy Clause; the Constitution and Federal laws are the supreme laws of the United States.

Supremacy Clause

Constitution and Federal laws are the supreme law of the land; federal laws are to be enforced over state laws if they conflict

McCulloch v. Maryland

Supreme Court ruling (1819) confirming the supremacy of national over state government; and using the elastic clause to establish the National Bank.

Judicial Review

The power of the courts to declare laws unconstitutional

Marbury v. Madison

This case establishes the Supreme Court's power of Judicial Review

Federalism

A system in which power is divided between the national and state governments