Bus 108 Chapter 5 Book Notes.docx - Bus G108 Chapter 5 Book...

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Bus G108 Chapter 5 Book Notes5-1 Government Power5-1a One in a Million-The Constitution of the United States is the greatest legal document ever writtenoDrafted in 1787oGeneral language, thus open to interpretation5-2 Overview-United States was the first nation founded on the idea that the people could governthemselves democratically-Articles of Confederation allowed the central government no real power.oCould not tax any state or its citizensoCould not regulate commerce between states or with foreign nations5-2a Separation of Powers-Framers did not want to place too much power in any single placeoCreated a national government divided into three branches, each independent andequal-Article I of the Constitution created a Congress – LegislativeoPower to pass statutesoCan override veto-Article II created the office of president – ExecutiveoCan veto proposed statutesoCan appoint federal judges and members of his cabinet, but only with consentfrom the Senate-Article III established the Supreme Court – Judicial5-2b Individual Rights-The original constitution did not express anything about the rights of citizensoNo Bill of RightsoConcern for Antifederalists-In 1791, the first 10 amendments, known as the Bill of Rights, were added to theConstitution, guaranteeing many liberties directly to individual citizens5-3 Power Granted5-3a Congressional Power-Recap ideas from Chapter 1:oVoters in all 50 states elect representatives who go to Washington, D.C., to servein CongressoCongress is comprised of the House of Representatives and the SenateHouse has 435 voting membersSenate has 100 members-Congress cannot createanykind of law it wishesoArticle I, section 8 lists the 18 types of statutes that Congress is allowed to pass.-Tenth Amendment says “All powers not delegated to the United States by theConstitution… are reserved to the States.”
-Commerce Clause:specific item in Article I, section 8. Calls upon Congress “to regulatecommerce… among the several States,”oGives Congress the power to regulate commerce with foreign nations and amongstates-Interstate CommerceoVirtually all of the numerous statutes that affect business are passed under theCommerce ClauseoFramers wanted the federal government to speak with one voice when regulatingcommercial relations with foreign governments.oFramers also wanted to give Congress the power to bring coordination andfairness to trade among the states, and to stop the states from imposing the taxesand regulations that were wrecking the nation’s domestic trade-Substantial Effect RuleoAn important test of the Commerce Clause came in the Depression years of the1930s inWickard v. FilburnPrice of what and other grains fluctuated wildly, harming farmers and thenational food marketCongress sought to stabilize prices by limiting the bushels per acre that afarmer could grow.

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Term
Spring
Professor
ChristopherL.Hamilton
Tags
Government, United States Supreme Court

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