Understanding Federal Power and Constitutional Clauses

Aug 20, 2024

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.