Overview
This lecture covers the big three constitutional clauses that have expanded federal power—the Necessary and Proper Clause, Supremacy Clause, and Commerce Clause—and how interpretations of these clauses affect the balance between federal and state governments.
Enumerated and Implied Powers
- Enumerated powers are those directly stated in the Constitution, such as declaring war, collecting taxes, and raising an army.
- Implied powers are not directly stated but claimed by Congress, based on the Necessary and Proper Clause.
Necessary and Proper (Elastic) Clause
- Article 1, Section 8 grants Congress power to make all laws necessary and proper for carrying out their enumerated powers.
- This clause allows Congress to act beyond explicitly listed powers if actions relate to those powers.
- In McCulloch v. Maryland, the Supreme Court used this clause to uphold Congress’s power to create a national bank.
Supremacy Clause
- Article 6 establishes that federal law overrides conflicting state law, making the Constitution the supreme law of the land.
- McCulloch v. Maryland also affirmed that states cannot tax the federal government because of the Supremacy Clause.
Commerce Clause
- The Commerce Clause gives Congress power to regulate interstate commerce (trade between states).
- Congress cannot regulate intrastate commerce, which happens only within a state.
- Gibbons v. Ogden confirmed only Congress can regulate interstate commerce.
- Starting in 1937, the Court interpreted the Commerce Clause broadly, allowing regulation of nearly any activity affecting interstate commerce (e.g., Wickard v. Filburn).
- In U.S. v. Lopez (1995), the Court ruled there are limits to federal power under the Commerce Clause, striking down a law unrelated to interstate commerce.
10th and 14th Amendments
- The 10th Amendment reserves powers not delegated to the federal government or denied to states as state powers.
- Supporters of state rights cite the 10th Amendment; supporters of federal power cite the Necessary and Proper and Commerce Clauses.
- The 14th Amendment limits state power and strengthens federal power to protect civil rights through the due process and equal protection clauses.
Key Terms & Definitions
- Enumerated Powers — Powers explicitly listed in the Constitution.
- Implied Powers — Powers not listed but considered necessary for executing enumerated powers.
- Necessary and Proper Clause — Authorizes Congress to make laws needed to execute its powers.
- Supremacy Clause — Establishes that federal law prevails over state law.
- Commerce Clause — Allows Congress to regulate trade between states.
- 10th Amendment — Reserves undelegated powers to the states.
- 14th Amendment — Limits state powers and protects civil rights.
Action Items / Next Steps
- Watch the videos on McCulloch v. Maryland and U.S. v. Lopez for case details.
- Review study guides and practice materials, especially for areas covering federal vs. state power.