: Congress would be comprised of: population-based House of Reps and state-based Senate Republic : a gov of representative democracy Federalist Vs Anti-Federalist : federalists wanted more nat power, anti wanted more state power - Hamilton = federalist; Jefferson = more state power Slavery & The Constitution : each slave was to be counted as a person and gov could not illegalize ⅗ the import of slaves until 20 years later Elastic Language – Article I’s “Necessary & Proper Clause” elastic language : Congress has power to make all ways necessary for carrying into execution the foregoing powers necessary and proper : allows Congress to pass all laws that are necessary and proper - re-established after McCulloch vs Maryland Dual Federalism : (layered cake) each is sovereign in its own sphere Cooperative Federalism : (marbled cake) spheres overlap States as “laboratories of democracy” : different states can implement different policies. Allows states to individualize, and successful policies will likely spread Initiative, Referendum, Recall initiative : ppl can put legislative measures directly into the ballot referendum : ppl can reject a measure passed by legislature recall : voters can remove an official from office nullification : states can declare a law null if they believe it is against the constitution Grants in Aid: money given to states categorical : grants given for a specific purpose (preferred by Congress) block : grants given for regions to use however they’d like (preferred by lobbyists) mandates: terms set by nat gov regardless of whether or not they accept grants conditions of aid: things states must agree to do if they want to accept grants McCulloch Vs. Maryland : the banker didn’t want to pay his taxes to the state. - Two answered questions: - Can Congress set up a bank? > Yes. It is necessary and proper - Can a fed bank be taxed by a state? > No. Taxation has the power to destroy U.S. Vs. Lopez : Lopez was caught on school grounds with a gun. Congress tried to pursue - Does Congress have holding on intrastate commerce (school grounds)?