Chapter 3 Reading Guide Flashcards
What is the “Necessary and Proper Clause” and how was its interpretation affected by McCulloch v Maryland?
Article 1, Section 8, Clause 18 - Congress shall have the power
to make all the laws that are needed and suitable to carry out the powers given in the constitution.
The Court said it was not necessary for the Constitution to expressly grant Congress the power to create the bank; rather, it was implied in Congress’s power over financial matters and from the necessary and proper clause of the Constitution.
What is meant by “implied powers”?
Implied powers, in the United States, are those powers authorized by a document (from the Constitution) which, while not stated, seem to be implied by powers expressly stated.
Supremacy Clause – What and Where?
The Supremacy Clause is the provision in Article Six, Clause 2 of the United States Constitution that establishes the United States Constitution, federal statutes, and treaties as “the supreme law of the land”. It provides that these are the highest form of law in the United States legal system, and mandates that all state judges must follow federal law when a conflict arises between federal law and either a state constitution or state law of any state.
The U.S. Constitution, U.S. Statutes, State Constitution, State Statutes, Local Law.
Powers of the States – Where do they get their powers?
10th Amendment - Reserved Powers
Powers that the Constitution does not give to the United States and does not prohibit the states from having, belong to the states or to the
people.
Full Faith and Credit Clause
Part of Article IV of the Constitution requiring that each state’s laws be honored by the other states. For example, a legal marriage in one state must be recognized across state lines.
Privileges and Immunities Clause
Part of Article IV of the Constitution requiring that states must treat nonstate residents within their borders as they would treat their own residents. This was meant to promote commerce and travel between states.
