Date: September 18, 2014 Topic: Key Principles Provided Under the Constitution. Aim: How are government powers defined and challenged? Do Now: Multiple Choice Questions. PLEASE ADD WHAT’S COVERED TODAY TO YOUR CHAPTER 2 STUDY GUIDE.
AMENDMENT TEST • We are going to have an amendment test on Thursday October 9th. • You are required to know all important points of the 27 amendments. You do not need to know them word for word. • Why? – They can (and have and probably will again) ask you about specific amendments. • It will be graded as a test because studying for this will be challenging and time consuming.
Federalism • Government authority shared by national and state governments(local government as well). STATE GOVERNMENTS. NATIONAL GOVERNMENT.
THE 10TH Amendment • The powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to the States respectively, or to the people. • What does this mean?
Three Powers of Government • Enumerated powers given to the national government exclusively. • Reserved Powers powers given to the states alone. • Concurrent Powers powers shared by both the state and local governments. LETS APPLY OUR KNOWLEDGE! Reserved Enumerated Concurrent
Do these powers ever come into conflict? • Commerce Clause (Article I, Section 8, Clause 3) • To regulate Commerce with foreign Nations, and among the several States, and with the Indian Tribes. • Why was Gonzalez v. Raich a challenge to the Constitution? • Why was US v Lopez a challenge to the Constitution?
GONZALEZ V RAICH (2004) • No. In a 6-3 opinion delivered by Justice John Paul Stevens, the Court held that the commerce clause gave Congress authority to prohibit the local cultivation and use of marijuana, despite state law to the contrary. Stevens argued that the Court's precedent "firmly established" Congress' commerce clause power to regulate purely local activities that are part of a "class of activities" with a substantial effect on interstate commerce. The majority argued that Congress could ban local marijuana use because it was part of such a "class of activities": SIGNIFICANT BECAUSE THE COMMERCE CLAUSE WAS USED TO REINFORCE THE FEDERAL ENFORCEMENT OF MARIJUANA WITHIN STATES.
UNITED STATES V. LOPEZ (1994) • Yes. The possession of a gun in a local school zone is not an economic activity that might, through repetition elsewhere, have a substantial effect on interstate commerce. The law is a criminal statute that has nothing to do with "commerce" or any sort of economic activity. SIGNIFICANT BECAUSE THIS WAS AN OVEREXTENSION OF THE COMMERCE CLAUSE.
Where else do we see challenges to enumerated powers? OBAMACARE! My health plan is constitutional. The commerce clause was not meant to compel people to do something.
COMPROMISE AT THE CONSTITUTIONAL CONVENTION. • WHY THE FRAMERS CREATED A BICAMERAL LEGISLATURE. COMPROMISE OVER COMPETING INTERESTS AND TO PROTECT MINORITY INTERESTS AN INTRABRANCH CHECK/PREVENT MAJORITY TYRANNY