Constitutional Convention
Main issue argued about at the Convention
Representation of the states
What does the Commerce Clause do?
Gives Congress the power to regulate interstate and foreign trade and business transactions.
Clause allowing federal government to *stretch* its power
Necessary and Proper, or Elastic
Power in government stems from the people
popular sovereignty
An executive's check on the legislative
Veto power
What does it mean that the Constitution created a bicameral Congress?
The Congress (legislative branch) is divided into two houses: the House of Representatives and the Senate
What does the Necessary and Proper Clause do?
Gives Congress its implied powers
The list of powers granted to the federal government in the Constitution are known as these.
Expressed/enumerated/delegated powers
This principle refers to the division of power between three branches.
separation of powers
Advise and consent of treaties, court nominations, cabinet nominations; override veto; impeachment
Plan offered at the Convention that large states preferred
Virginia Plan
Why is the Supremacy Clause significant?
It makes the federal government Supreme over the state governments.
Powers given to the states by virtue of the Tenth Amendment are known as these
reserved powers
The powers granted to each branch to limit the powers of the others.
Checks and balances
Primary check judicial branch has over legislative
Judicial review
Name two expressed powers of the federal government.
Declare war, raise and army, coin money, maintain a navy, establish post offices, regulate interstate commerce, etc.
Explain what implied power is, and give an example.
Implied power are things Congress can do to carry out their expressed powers, such as run a military draft if needed.
This Supreme Court case affirmed the Supremacy Clause as well as Congress's implied powers under the Necessary and Proper Clause. Related to a bank.
McCulloch v. Maryland
The division of powers between the federal government and the states.
Federalism
Supreme Court case that affirmed judicial review power
Marbury v. Madison
Name two problems the new country faced under the Articles of Confederation.
The federal government couldn't raise taxes to pay its debts, they couldn't raise an army to put down rebellions, the lack of taxes and army would cause them to lose another foreign war if it came, etc.
Give two powers reserved only to states, and two shared (concurrent) powers.
Powers reserved to states: conduct elections, maintain schools, make traffic laws, issue licenses, etc
Concurrent powers: Levy taxes, borrow money, public health, make laws, law enforcement...
Wickard v. Filburn expanded the federal government's power using this constitutional clause.
Commerce Clause
Concept that the federal government is not all-powerful.
Limited government
This essay argued that the separation of powers and checks and balances would guarantee that no one faction will take total control of the national government
Federalist no 51