Clauses

The Supremacy Clause Translation

This clause states that if the federal government uses any powers written in the constitution, that it will rule over any state power.

Definition of Judicial Review clause

This means that state laws will not be able to overrule the U.S. constitution and that all state courts must follow the national laws.

Commerce definition

interstate business or commercial exchanges between citizens of other states

accurate tie to Gibbons v. Ogden

In the case Gibbons v. Ogden John Marshall determined the commerce clause was to be used here because it was dealing with multiple states. By using the clause he said it was a power reserved to congress.

Why did the anti-federalists dislike the commerce clause?

The Anti-Federalists disliked this because it took away yet another power that the states originally had.

Why the anti-federalists disliked the supremacy clause

The Anti-Federalists disliked this clause because it let the federal government overrule the state government giving even more power to the government.

The necessary and proper clause/ elastic clause

The Necessary and Proper Clause allows Congress "To make all Laws which shall be necessary and proper for carrying into Execution the [enumerated] Powers, and all other Powers vested by this Constitution in the Government of the United States, or in any Department or Officer thereof."

Why the anti-federalists disliked the necessary and proper clause

The anti-federalists dislike this clause because it gave even more power to the government.

Tie to McCulloch v. Maryland

The court invalidated a Maryland law that taxed all banks in the state.

Accurate tie to Marbury v. Madison

The supreme court found an act of congress unconstitutional.

translation of necessary and proper cause/ elastic clause

the necessary and proper clause allows congress the ability to make laws or to act where the constitution doesn't give it authority to act. Sometimes thought of as implied powers.

elastic cause tie to McCulloch v. Maryland case

the question was is it constitutional to charter the first bank of the united states and to give that power to the government. So they used the elastic cause to determine that it was an implied power and created the first bank of the United States.