Flashcards in Scope of Federal Power Deck (12):
Power to regulate interstate commerce
extended to almost everything.
McCulloch v Marlyand gave us:
Explanation of federal government; When SCOTUS speaks, thats it!
Necessary and proper clause
Feds can extend outside of their enumerated powers in order to utilize their enumerated powers. Powers enlarged by McCulloch v maryland
Convenient, not absolutely necessary. What will further ultimate goal?
Supremacy clause & necessary and proper clause:
Fed's will do what they think is necessary and proper; SCOTUS will say whats actually necessary and proper
In Mcculloch court gave congress:
leeway, deferred to congress
When congress has power to legislate
No state can burden this power (SCOTUS decides what power congress has)
Federal governments limited power is:
How to get term limits?
Constitutional amendment. Requirements are already in constitution, states can't add their own.
Because of transportation aspect
Congress power to regulate isnt absolute.
a. If there is something unique to the locality states have limited power and their regulation isn’t in conflict with legal federal activity. (Pilot boats)