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a_lect_5 - The Supremacy Clause 1"This Constitution and the...

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The Supremacy Clause “This Constitution, and the Laws of the United States which shall be made in Pursuance thereof [that is, in keeping with the principles of the Constitution] … shall be the supreme law of the land.” 1
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The Powers of Congress Article I, Section 8 (enumerated powers). Some are broadly stated. Spending Clause : Congress has the power to collect taxes and provide for the general welfare the commerce clause : power to regulate commerce “among the several states” Necessary and Proper Clause : authority to make all laws Necessary and Proper to carry out enumerated powers (elastic clause) 2
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A brief detour… Judicial Review: Court authority to declare laws null and void on the grounds that they violate the Constitution. Relationship to federalism 3
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Nullification? Can states declare acts of Congress unconstitutional? Alien and Sedition Acts 1798 yes, states voided Alien and Sedition Acts.
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