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Federalism Two
| Question | Answer |
|---|---|
| Enumerated Powers | Powers of the federal government that are specifically addressed in the Constitution; for Congress, including the powers in A. I, S. 8. |
| Implied Powers | Powers of the federal government that go beyond those enumerated in the Constitution in accordance with the statement in the Constitution that Congress has power to "make all laws necessary and proper for carrying into execution" (A. I). |
| The elastic clause | The final paragraph of A. I, S. 8 of the Constitution, which authorizes Congress to pass all laws "necessary and proper" to carry out enumerated powers. |
| The necessary and proper clause | Allows Congress to "pass all laws necessary and proper for carrying into execution the foregoing powers'. |
| What did the state of Maryland do that began the McCulloch v. Maryland case? | Maryland passed a law in 1818 taxing the national bank's Baltimore branch $15000 a year. When it was refused it sued the cashier (James McCulloch) for payment. |
| What was the Maryland's argument in the McCulloch v. Maryland case? | That the power to create a national bank was not among the powers of Congress. Congress had exceeded its power, so Maryland had a right to tax the bank. |
| What was the argument on behalf of the bank in the McCulloch v. Maryland case? | They believed the Constitution permitted Congress to use all means necessary to fulfill its responsibilities, and that included making a national bank. |
| Which side won the McCulloch v. Maryland case? | James McCulloch won the case over Maryland. |
| What two constitutional principles were set forth in the McCulloch v. Maryland case? | The first was the supremacy of the national government over the states. The second was that the national government has certain implied powers that go beyond enumerated powers. |
| Specifically, what was the national government allowed to do after the McCulloch v. Maryland case? | It could make economic policy consistent with the Constitution. |
| How has the elastic/necessary and proper clause increased the power of the federal government? | It justified federal policies to regulate food and drugs, build interstate highways, protect consumers, clean up dirty air and water, and more as implied powers of Congress. |
| What did chief justice John Marshall write about the supremacy of the federal government? | He wrote "the government limited in its power, is supreme within its sphere of action". |
| What does this (What did chief justice John Marshall write about the supremacy of the federal government?) mean? | It means as long as the national government behaved in accordance with the Constitution, its policies took precedence over state policies. So federal laws and regulations preempt state or local laws or regulations and thus preclude their enforcement. |
| What is the constitutional basis for implied powers? | It is in the Constitution that it says Congress has the power to "make all laws necessary and proper for carrying into execution" the powers enumerated, which gave Congress certain implied powers. |
Created by:
Matti
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