Essay Questions

Question 1

Explain how 2 of the following have expanded the power of the national government in comparison to state power: McCulloch v Maryland 1819; NLRB v Jones Laughlin Steel; Federal Grants-in-Aid

Answer 1

McCulloch v. Maryland 1918 (p.85)

Landmark decision by the Supreme Court of the United States. The state of Maryland had attempted to impede operation of a branch of the Second Bank of the United States by imposing a tax on all notes of banks not chartered in Maryland.

• Questions
  
  • Does Congress have the power to charter a national bank?
    
    • Yes, under the Necessary and Proper clause. Affirmed the doctrine of implied powers.
    • Power to coin money, levy taxes, and borrow money
  • If so, can a state tax the bank?
    
    • No, because the power to tax is the power to destroy.
    • Affirmed supremacy clause

National Labor Relations Board v. Jones & Laughlin Steel Corporation

• Increased Congress’s power under the Commerce Clause.
• Case challenged the constitutionality of the National Labor Relations Act of 1935 (the Act) when the Act regulates activity that occurs solely within the boundaries of one state.
• The NLRB found that Jones & Laughlin Steel Corp. engaged in unfair labor practices by firing employees involved in union activity.
• The Supreme Court found that Jones & Laughlin does significant business outside of the state of Pennsylvania. The majority of its products were sold outside of the state. Congress retains the power to control and regulate interstate commerce. Although the employee discharges may be an intrastate activity, the repercussions from such discharges have the potential to significantly affect interstate commerce. Therefore, Congress has the power of legislation over such activities.

Question 2

Define bicameral

Answer 2

The system of having two chambers within one legislative body, like the House and Senate in the U.S. Congress.”

Question 3

Which chamber is closest to the will of the people? Explain 3 reasons for this.

Answer 3

The House of Representatives is closest to the will of the people.

• It is referred to as the “people’s chamber.”
• Based on state’s population.
• Popular election.
• To keep them responsive to the people, House members face reelection every two years, and the entire body is elected at the same time.

Question 4

4 reasons the founders created a bicameral congress. Explain each reason.

Answer 4

Allowed states with small population and states with large population to compromise at the Constitutional Convention.

• More populous states get more members in the House of Representatives, but all states have the same number of representatives in the senate.

Provides an internal check on the Congress when the two chambers have to reach a compromise between their different versions of a bill to get it to pass both chambers.

Slows the lawmaking process – fewer hastily written laws.

Encourages more thorough debate of each issue considered with the lengthy lawmaking process in 2 chambers.

Question 5

Identify 4 MAJOR flaws of the Articles of Confederation and explain how the U.S. Constitution corrected each flaw.

Answer 5

National government could make laws but had no power to enforce them

• Executive Branch Created

Articles had no courts to settle disputes between states

• Judicial Branch

National government had no funds to operate or to support a military because it had no power to tax

• Article I, Section 8 – Congress has the power to lay and collect taxes

National government could not control interstate trade. States in disagreement and competition over trade.

• Only the national government has the power to regulate commerce w/ foreign nations, among the states & w/ tribes. Only the national government can coin money.