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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.
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Full transcript