clause

Judicial reveiw clause

-A court's authority to examine an executive or legislative act and to invalidate that act if it is contrary to constitutional principles. - The issue of whether the federal courts should have this power over congressional and executive acts was settled in Marbury Vs. Madison.

Supremacy clause

-Article VI, Section 2, of the U.S. Constitution is known as the Supremacy Clause because it provides that the "Constitution, and the Laws of the United States ... shall be the supreme Law of the Land." It means that the federal government, in exercising any of the powers enumerated in the Constitution, must prevail over any conflicting or inconsistent state exercise of power. -Mcculough V. Maryland- the Court invalidated a Maryland law that taxed all banks in the state - the anti federalists were against the taxing of the banks

Necessary and Proper clause

-Jefferson and Hamilton went head to head about it. It was the first case in which the U.S Supreme Court applied the Necessary and Proper clause. -The anti federalists feared the necessary and proper clause because it gave congress to much power. -The last paragraph grants to Congress the flexibility to create laws or otherwise to act where the Constitution does not give it the explicit authority to act. This clause is known as the Necessary and Proper Clause

Commerce clause

-John Marshall developed a clear definition of the word commerce, which included navigation on interstate waterways. -They used a quote from in commerce clause in the GIbbsons v.s ogden. - They feared that it would create an overbearing central government.

Gibbons V. ogden

A new york state law gave to individuals the exclusive right to operate steamboats on waters within state jurisdiction.

Why did the anti federalists dislike the supremacy clause?

It would give the constitution and the federal governments too much power

Why did the anti federalists dislike the proper clause?

It would give too much power to congress.

Why did the anti federalists dislike the commerce clause?

It would make the states become one instead of being their own individuals.

Marbury V. Madison

The first US supreme court case to apply the principle of the judicial review Played a key role in making the supreme court a separate branch of government on power with congress and the executive branch.

Mcculough V. Maryland

The first act where the Us supreme court first used the necessary and proper clause The debate over the nec. and prop. clause between hamilton and jefferson