Chapter 1.8 Flashcards
How has a balance of power between national and state governments been interpreted over time?
Enumerated Powers
Powers/limitations of Congress.
Commerce Clause
Congress can regulate (inter)national trade.
Necessary and Proper Clause (Or the Elastic Clause)
Congress can do anything they deem “necessary and proper.” Implied powers.
Tenth Amendment
Any powers not given to the federal government are given to the states.
Fourteenth Amendment
Anyone born the the United States is automatically a citizen. (This was made after the Civil War to protect freed slaves.) The states can’t deny citizenship.
What were the questions in McCulloch v. Maryland?
Can Congress create a bank?
Can a state tax a federal institution?
Give background for McCulloch v. Maryland.
The federal government put a bank in Maryland and Maryland didn’t like it so they taxed the bank. McCulloh refused to pay the tax.
What was the ruling of McCulloh v. Maryland?
6:0 in favor of McCulloh. Congress is given control over money, so they make banks and states can’t tax federal institutions because of the supremacy clause.
Dual Federalism
The national government is supreme in its sphere in the states are just as supreme in their spheres.
Selective Exclusiveness
Congress can only regulate when something needs a uniform rule on the national level.
What was the question in United States v. Lopez?
Does Congress have the authority under the Commerce Clause to outlaw guns near schools?
Give background for United States v. Lopez.
Congress passed an act to keep guns away from schools. Lopez, a high school senior, brought a gun to school. Lopez was taken to court and convicted. He challenged the Supreme Court.
What was the ruling in United States v. Lopez?
5:4 for Lopez. Regulating guns near schools doesn’t affect commerce, so Congress has no authority under the Commerce Clause.
