4. Allocation of Power, Federalism Flashcards
States have ___, and the Feds have ___
Presumed power, and the Feds have only what the Constitution grants to it
What 3 things are state power limited by?
o 1. The state constitution
o 2. Valid federal statutory law, and
o 3. The Federal Constitution
Can Congress decide the means to achieve its constitutional goals? Which case decided this?
Yes. McCulloch v Maryland
Can the State impede a federal project?
No. McCulloch v Maryland
Which case degreed that Congress has supremacy to control interstate commerce?
Gibbons v Ogden
Which case answered in the Affirmative that Congress can exercise local control over commerce through its’ interstate commerce power?
Wickard v. Filburn
What is the exception/limitation to the commerce power, and with case established it?
Lopez. If a government action has nothing to do with regulating commerce, then Congress cannot use create regulation under the pretext of its commerce power.
Gonzales articulated that…
If Congress has the right to regulate the commercial activity of a specific class, then it can also regulate “nonecomimic” aspects of things in its class. This is the overhand effect. “If x grows their own tomatoes, we can regulate that because x will no longer be in the market for tomatoes”
What is the Necessary and Proper clause and which case refined it?
it means that Congress has full authority to create laws within its sphere of influence. McCulloch v Maryland. Since congress has explicit control over interstate commerce, it is implied that it has the power to create a federal bank.
