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U.S. v. Lopez(1995)—US Supreme Court case which held that the federal government was, in this instance, too expansive in its use of the elastic/necessary and proper clause coupled with the commerce clause; this was the first time since the early 1930s that the US Supreme Court had rejected Congress’ use of the commerce and elastic clause to predicate federal authority—police powers—These are the traditional powers reserved to the states under the Tenth Amendment. The police powers include the power of the state to regulate the health, safety, welfare and morals of the peopleproblems with the Articles of Confederation—Governmental power remained in the hands of the individual states; states ceded no significant power to the national government; states were sovereign (define “sovereignty”); powers of national government not exclusive to the national government (e.g., making treaties with foreign governments, coining money-states could do this too); Congress had no real authority over states; Congress could not enforce states to contribute to payment of national debts; trade between states not regulated by national government (one
state could tax another’s trade coming into their state); [states did not recognize the official and acts and laws of other states (e.g., if married in New York state, Connecticut would not recognizea NY marriage if moved to Connecticut); citizens from one state traveling in another state were not protected by that states laws when traveling through it because they were considered foreign to that state]Bicameral legislature—A legislative body with two chambers; in the case of Congress under thenew Constitution as set up by the Great Compromise, a lower chamber (the House of Representatives) where states were represented by the size of their population and an upper chamber (the Senate) where each state was represented equally (two senators from each state); a unicameral legislature—a legislative body comprised of the one body only (as was the organization of Congress under the Articles of Confederation).Constitution of the UnitedStates—aspects you mustknow for the examPreamble--"We the people of the United States…."Article I:how were Senators elected under Article I? 17thAmendmentpower to declare warimpeachment--what does the House do, what does the Senate do?Article I, Section 8--powers of the national government delegated to Congress (to tax, to regulate commerce, to coin money, to establish post offices, to create lower federal courtsunder the Supreme Court, to declare war, to raise and support armies, to make all laws necessary and propercommerce clause
necessary and proper clause (elastic clause)Article I, Section 9--powers denied to the federal government including no ex post facto law and no bill of attainderArticle I, Section 10--powers denied to the states including no state treaties with foreign governments, no state monetary system, no state post office, no bill of attainders, no ex post facto lawsbill of attainder—ex post facto law—