Chapter 6 State and National Powers

Question 1

How does our constitution protect liberty from tyranny?

Answer 1

1. Structurally 2. Checks on Governmental Power

Question 2

Structurally

Answer 2

Enumerated Powers/ Federalism. i.e. Commerce Clause.

Question 3

Checks On Governmental Power

Answer 3

Bill of Rights. i.e. First Amendment, and Fifth Amendment (taking clauses).
Independent Checks On Power. i.e. Due process and Equal Protection.

Question 4

Shay’s Rebellion (Highlighted a big problem with a confederation)

Answer 4

Here farmers were in debt, they bought things on credit. Merchants went to court to have farmers get fields seized and taken away.The farmers armed themselves, and they performed an armed rebellion in Massachusetts (citizen militia). There was no federal government or army to help! Only Massachusetts militia could fight back, no one was united! BIG PROBLEM!

Question 5

Issues Facing the Founders Involving Avoiding Tyranny

Answer 5

1. Worried about minority rights (must protect the minimum rights of minorities). 2. Wanted a government to protect the borders, strong economic system, etc. but not strong to be oppressive. 3. (Still exists today) Established a public that needed to be selfless, needed to be interested in the public good! Republican virtue.

Question 6

The Philadelphia Convention and a Federal Republic

Answer 6

In 1787 also known as the Constitutional Convention, laid down the blueprint for a new nation.
Federal Republic: single republic confederated of state governments and a national government.

Question 7

Police Power

Answer 7

All the other government powers other than the enumerated powers. The power to regulate the health, safety, welfare, and morals of the citizenry. State governments have police power! Nothing to do with literal police forces, has to do with policing or regulating society.

Question 8

Enumerated Powers

Answer 8

Only those powers specifically spelled out in the constitution and granted to the national government. Powers that the national or federal government has.

Question 9

Key Point about National vs. State Powers

Answer 9

The National government is very powerful, but only in those areas of power specifically spelled out in the Constitution. In all other areas, the States rule. Think about the conflict in Arkansas about the school. Here the state government was going against the federal government!

Question 10

The Commerce Clause

Answer 10

When the Great Depression occurred, the Commerce Clause was used to heavily regulate the economy by the government! (through agencies).
“The Congress shall have Power To . . . Regulate Commerce with foreign Nations and among the several States and with the Indian Tribes.”

Question 11

U.S. vs. Darby (1941)

Answer 11

1) They ask the question: Where does the federal government (in constitution) tell me what I should pay my employers?). If the state passed a minimum wage law, then Darby must have had to follow it!
2) Government says: “ We are in a depression, few people have jobs, so we want people can have a decent amount of job to have money to use, survive, and put back into economy”.
3) As a result, this is a national crisis, we need a national minimum wage, not a state alone one, we need this to be done nationally as there is a national interest!
4) Federal Wage and Hour Law: $0.25/hour; time and a half after 44 hours/week.

Question 12

Wickard vs. Filburn (1942)

Answer 12

1) He asks the question: Where does the federal government get off and can tell me how much (crops) I can grow on MY personal property?
2) Government says: “This is a national problem, if we allow everyone to ignore the quota; and say everything we are growing beyond the quota is useless, we need a national solution across state boundaries! Even the most local activity can be regulated because that act could impact the state commerce and national commerce.
3) Agricultural Adjustment Act: Quotas on crops in order to control supply (and, therefore, price).

Question 13

Heart of Atlanta Motel vs. U.S. (1964) and Katzenbach vs. McClung (1964)

Answer 13

1) Where does the federal government get off and tell us who we can and cannot serve? (Their question).
2) Government says: Its about the right to travel! If people can’t rely to get in restaurants or hotels in different states, then they are infringing on the right to travel. As a federal government we have the right to even monitor small local motels to protect these rights.

Question 14

U.S. vs. Lopez (1995)

Answer 14

Background: You cannot bring a gun to school,Lopez brings a gun to school, and gets charged from Texas for breaking the law. Texas turns Lopez over to the federal government.

1) His question: Where does the federal government get off, making any decisions in schools and matters in school; I thought they could only regulate commerce?
2) Federal government says: “Violent crime costs victims money and that risked is covered by insurance, insurance is a national policy, therefore this is a national issue we are equaling.Guns in school interfere with educational process, therefore we are making sure we have an education being done equally. Its about the right to travel or relocate, people will be able to move and relocate with safety
3) Federal government DOES NOT buy into these arguments above! The Court: The Federal Gun-Free School Zones Act of 1990is unconstitutional.
4) The commerce rule is going to stop here!

Question 15

Gonzales vs. Raich (2005)

Answer 15

California Medical Marijuana Statute allows use of marijuana with doctor’s prescription and supervision. The Court UPHELD the Federal Law criminalizing marijuana possession under the Commerce Clause power. The federal government can regulate the use of marijuana if it can influence interstate commerce! (no matter how small).

Question 16

Status of Commerce Clause Power?

Answer 16

If you want the money (from Congress) you have to follow the rules/standards of the government! Today: Federal $MONEY$ results in Federal presence even in local activities. Federal government cannot pass a drinking age law, however we have money we can give to states to fix highways; then make sure drinking age is 21. Same thing with speed limit, you want money for highways and roads, follow our speed limits!

Question 17

Supremacy Clause

Answer 17

States have Police Power and Federal Government has Enumerated Powers. Whenever state and federal power are in conflict, the national government or federal government law is supreme!

Question 18

Commerce Clause Key Point

Answer 18

States can also regulate commerce! As long as state regulation is not inconsistent with federal regulation or discriminatory against out of state commerce.

Question 19

State Regulation of Commercial Activity

Answer 19

States may regulate health, safety, welfare and morals of its residents, but in doing so, may NOT unduly burden interstate commerce or benefit intrastate interests over out-of-state interests.

Question 20

Granholm vs. Heald (2005)

Answer 20

NY and Mich laws allow only in-state wineries to make direct-to-consumer sales. Out-of-state wineries must work through wholesalers, paying fees as a result.
Court: State laws violate the Commerce Clause if they mandate “differential treatment of in-state and out-of-state economic interests that benefits the former and burdens the later.”

Question 21

Pre-emption

Answer 21

In certain cases , where the Federal government has power to act, Congress may expressly pre-empt the entire area of law. Example: Nuclear Power.

Question 22

Implied Pre-emption

Answer 22

Comes when there is a Federal regulatory scheme that is so pervasive that there is no room for regulation by the states.

Question 23

Remember about Enumerated Powers/Federalism

Answer 23

Where the Federal Government does not have enumerated powers to act, the State Police Power controls!
Think of a picket fence, the picket is the federal government and the space between the pickets is the state government!