Chapter 5 Essay

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Pages: 11
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 Before

the Revolutionary War,
States wanted a confederation with weak national government and very limited powers. After the war ended, the States voted to create a new, federal government that shared power with States.

© 2012 Cengage Learning. All Rights Reserved. May not be copied, scanned, or duplicated, in whole or in part, except for use as permitted in a license distributed with a certain product or service or otherwise on a password-protected website for classroom use.

2

 Federal

Form of
Government:
 Shares

power between national and state governments.
 National government has limited, enumerated powers delegated from States.
© 2012 Cengage Learning. All Rights Reserved. May not be copied, scanned, or duplicated, in whole or in part, except for use as permitted in a license distributed with a certain product or service or otherwise on a password-protected website for classroom use.

3

 Federal

Form of
Government (cont’d).
 10th

Amendment.
 Police Powers: order, safety, morals. © 2012 Cengage Learning. All Rights Reserved. May not be copied, scanned, or duplicated, in whole or in part, except for use as permitted in a license distributed with a certain product or service or otherwise on a password-protected website for classroom use.

4

 Privileges

and Immunities
Clause. (Art. IV §2).
 Prevents

state from imposing unreasonable burdens on citizens – particularly with regard to basic and essential activities. © 2012 Cengage Learning. All Rights Reserved. May not be copied, scanned, or duplicated, in whole or in part, except for use as permitted in a license distributed with a certain product or service or otherwise on a password-protected website for classroom use.

5

 Full

Faith and Credit Clause
(Art. IV §1).
 Applies

only to civil matters.
 Ensures that any judicial decision with respect to such property rights will be honored and enforced in all states.
© 2012 Cengage Learning. All Rights Reserved. May not be copied, scanned, or duplicated, in whole or in part, except for use as permitted in a license distributed with a certain product or service or otherwise on a password-protected website for classroom use.

6

 Three

branches that provide checks and balances:
 Legislative

(Congress): Creates

laws.
 Executive (President/Agencies):
Enforce laws.
 Judicial (Federal Courts):
Interprets laws.
© 2012 Cengage Learning. All Rights Reserved. May not be copied, scanned, or duplicated, in whole or in part, except for use as permitted in a license distributed with a certain product or service or otherwise on a password-protected website for classroom use.

7

 Power

to regulate interstate commerce defined in
Gibbons v. Ogden (1824): activities that “substantially affect interstate commerce.”

© 2012 Cengage Learning. All Rights Reserved. May not be copied, scanned, or duplicated, in whole or in part, except for use as permitted in a license distributed with a certain product or service or otherwise on a password-protected website for classroom use.

8

 Expansion

of National Powers.

 In

1942, Supreme Court expanded commerce clause to purely interstate businesses (Wickard v.
Fillburn).
 In 1964, Supreme Court prohibited racial discrimination in interstate commerce (Heart of Atlanta Motel
v. U.S.).
© 2012 Cengage Learning. All Rights Reserved. May not be copied, scanned, or duplicated, in whole or in part, except for use as permitted in a license distributed with a certain product or service or otherwise on a password-protected website for classroom use.

9

 Commerce Clause Today.
 National government can regulate

virtually any business enterprise, including those that are internetbased. Limits: U.S. v. Lopez
(1995).
 What

about medical marijuana and the commerce clause?

© 2012 Cengage Learning. All Rights Reserved. May not be copied, scanned, or duplicated, in whole or in part, except for use as permitted in a license distributed with a certain product or service or
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