Lecture Notes: The Big Three Constitutional Clauses and Federal Power

Introduction

• Focus on the Big Three Constitutional Clauses.
• Discussion on how interpretations increased Federal Power.

Enumerated vs. Implied Powers

• Enumerated Powers:
  • Directly stated in the Constitution.
  • Include: Declaring war, collecting taxes, raising an army.
  • Known as expressed or explicit powers.
• Implied Powers:
  • Not directly stated but claimed by Congress.
  • Based on the Necessary and Proper Clause (Elastic Clause).

Necessary and Proper Clause

• Located in Article 1, Section 8.
• Allows Congress to make laws "necessary and proper" for executing enumerated powers.
• Expands Congress's power to include actions not expressly stated in the Constitution.

Supremacy Clause

• Found in Article 6.
• Establishes federal government as superior to states in conflicts.
• Reversal from Articles of Confederation where states retained sovereignty.
• McCulloch vs. Maryland:
  • Used Necessary and Proper Clause to justify creation of a national bank.
  • States cannot tax the national government due to the Supremacy Clause.

Commerce Clause

• Grants Congress the power to regulate interstate commerce.
• Interstate vs. Intrastate Commerce:
  • Interstate: Between states, regulated by Congress.
  • Intrastate: Within a state, regulated by the state.
• Gibbons vs. Ogden: Only Congress regulates interstate commerce.
• Wickard vs. Filburn (1937): Broad interpretation allows regulation of personal activities affecting commerce.
• US vs. Lopez:
  • Limited broad interpretation.
  • Struck down Federal Gun-Free School Zones Act.
  • Emphasized limits to what affects interstate commerce.

Tenth Amendment

• Reserves powers not delegated to the federal government to the states.
• Conflicts with Clauses expanding federal power.

Fourteenth Amendment

• Limits state power, strengthens federal government for civil rights protection.
• Due Process and Equal Protection Clauses.
• Empowers federal government to protect individuals against state actions.

Conclusion

• Tension between federal and state power is significant for the AP exam.
• Importance of understanding the balance of power and constitutional interpretations.

Resources

• Mention of ultimate review packet and study materials for AP exam preparation.