Article 6 of US Constitution And Commerce Clause

Commerce Clause

the power of congress to regulate interstate and foreign trade- is vital to welfare of nation.

Expansion of Commerce Clause

Gibson vs. Ogden- Supreme Court increased the power of the federal government to regulate interstate commerce by broadly defining commerce to encompass virtually every form of commercial activity.

Limits of the Commerce Clause

United States v. Lopez: federal crime for anyone other than a police officer to possess a firearm in or around schools. 1. Cannot tax exports 2. cannot favor the ports of one state over those of any other regulation of trade. 3. cannot require that "vessels bound to or from one, state be obliged to enter, clear, or pay. Duties in another". 4. Could not interfere with slave trade until at least 1808

Expansion of Commerce Again

brought extension of federal authority into many areas of American life a reach of federal power.

Nullification

a state can declare null and void a federal law, that in the state opinion violated the constitution.

Supremacy Clause

declares that the constitution and the laws and treaties of the United States are "supreme Law of Land". Means that the constitution ranks above all other forms of law in the US. Joins the National Gov. and the states. Makes the complex of federal system a working reality.

Federal Preemption

derives from the Supremacy Clause of the Constitution which states that the "Constitution and the laws of the United States...shall be the supreme law of the land...anything in the constitutions or laws of any State to the contrary notwithstanding." This means of course, that any federal law even a regulation of a federal agency--trumps any conflicting state law.

McCullouch v. Maryland

involved the controversial second bank of the United States. Maryland legislature, hoping to cripple the bank, placed a tax on all notes issued by its Baltimore branch. James McCullouch was refused to pay the tax and Maryland courts convicted him of that refusal.

Dual Federalism

national government is supreme in it's sphere, the states are supreme in their sphere in theirs and both need to be separate.

Necessary and Proper CLause

permitted the Congress to exercise powers not specifically given to it (enumerated) by the Constitution.