Constitutional Clauses and Landmark Cases
This deck covers important constitutional clauses and their implications, including landmark Supreme Court cases that have interpreted these clauses.
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.'
Key Terms
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] ...
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. Sometim...
elastic cause tie to McCulloch v. Maryland case
The question was whether it was constitutional to charter the first bank of the United States and to give that power to the government. They used t...
Why the anti-federalists disliked the necessary and proper clause
The Anti-Federalists disliked this clause because it gave even more power to the government.
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.
Tie to McCulloch v. Maryland
The court invalidated a Maryland law that taxed all banks in the state.
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| Term | Definition |
|---|---|
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.' |
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 whether it was constitutional to charter the first bank of the United States and to give that power to the government. They used the Elastic Clause to determine that it was an implied power and created the first bank of the United States. |
Why the anti-federalists disliked the necessary and proper clause | The Anti-Federalists disliked this clause because it gave even more power to the government. |
The Supremacy Clause | This clause states that if the federal government uses any powers written in the Constitution, that it will rule over any state power. |
Tie to McCulloch v. Maryland | The court invalidated a Maryland law that taxed all banks in the state. |
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. |
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. |
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. |
Accurate tie to Marbury v. Madison | The Supreme Court found an act of Congress unconstitutional. |