Legislative Powers - The Commerce Clause, 1st Era (1819-1824 ...) Flashcards
Where is the Commerce Clause in the Constitution?
Article I, Section 8, Clause 3
Congress has the power under the Commerce Clause to regulate commerce with…
foreign nations, among the several states, and with the Indian tribes
What is arguably the most important substantive power of the Federal Government?
Congress’ power to regulate commerce among the several states
Who wrote the Gibbons v. Ogden opinion?
Chief Justice John Marshall
What was the rule of law that came from Gibbons v. Ogden (1824)?
If a state and Congress both pass conflicting laws regulating interstate commerce, the federal law governs pursuant to Congress’s constitutional grant of power to regulate interstate commerce.
The Supremacy Clause comes into play here (dormant commerce clause)
What was the method of reasoning in Gibbbons v. Ogden(1824)?
Textual
What is the most controversial power the constitution gives congress?
The interstate commerce clause
What is the definition of Commerce?
includes navigation and “commercial intercourse”; not just buying and selling
What does “among the several states” mean?
intermingled with, any action not entirely within one state—even an act that doesn’t cross state lines but concerns (affects) more than one state.
What is the definition of regulate in commerce?
the rule by which commerce is to be governed; complete in itself, may be exercised to its utmost extent of the Constitution.
What is the rule of law that came from McCulloch v. Maryland?
The Constitution specifically delegates to Congress the power to tax and spend for the general welfare, and to make such other laws as it deems necessary and proper to carry out this enumerated power. Additionally, federal laws are supreme and states may not make laws that interfere with the federal government’s exercise of its constitutional powers.
What was the famous quote given by chief justice john marshall that came from McCulloch v. Maryland?
“we must never forget that the constitution is ever expounding”
What were the methods of reasoning in McCulloch v. Maryland?
Ongoing history (fed can create banks), framers intent, structural (implied powers are necessary because we could never enumerate everything), textual (supremacy clause)
What was the primary takeaway from McCulloch v. Maryland?
Congress has the express power of revenue; justifications come from the N & P clause
What was the policy argument made in McCulloch v. Maryland?
The power of the Constitution comes from the people, not the states (MD tried to argue that the states created the Constitution); the Constitution is a living document that was meant to “endure for ages”; should be interpreted to be workable, not to create difficulties.
