exam 2

• article 1 vesting clause 


  all legislative powers herein granted shall be vested in a congress of the united states, which shall consist of a senate and a house of representatives
• article 1 vesting clause

  All legislative powers herein granted shall be vested in a congress of the united states, which shall consist of a senate and a house of representatives 
• article 1 section 8


  The congress shall have the power to lay and collect taxes, duties, imposts and excises, to pay the debts and provide for the common defense and general welfare of the united states;but all duties and imposts and excises shall be uniform throughout the united states
• article 2 vesting clause 


  The executive power shall be vested in a  president of the united states of america. He shall hold his office during a term of four years 
• article 2 electoral college 


  Each state shall appoint, in such manner as the legislature thereof may direct,  a number of electors, equal to the whole number of senators and representatives to which the state may be entitled in the congress: but no senator or representative, or person holding an office of trust or profit under the united states, shall be appointed an elector
• article 2 take care clause 


  Modifies that grant, requiring the president to “take care that the laws be faithfully executed”
• article 2 appointments clause

  Empowers the president of the united states to nominate,a nd with advice and consent of the united states senate, appoint public officials
• article VI (6) national supremacy clause 


  This constitution, and the laws of the united states which shall be made in pursuance thereof; and all the treaties made, or which shall be made, under the authority of the united states, shall be the supreme law of the land; and the judges in every state shall be bound thereby, anything in the constitution or laws of any state to the contrary notwithstanding
• unitary executive 


  Theory that holds that congress cannot limit the presidents control of the executive branch because the constitution set a hierarchical whereby the president has the most power
• compact theory 


  Refers to the idea that the US was formed through an agreement between the state governments. Supremacy has always been with the people, that the people are distinct individuals as opposed to one whole being, and that the states have the right to ignore unconstitutional legislation 
• nationalist theory 


  Refers to the division and sharing of power between the national and state governments
• strict construction 


  Requires a judge to apply the text only as it is written, judges in this view avoid drawing inferences from a statute or constitution and only focus on the text itself
• categorical commerce 


  Definition of commerce that defines commerce as any activity that affects interstate commerce
• empirical commerce 


  Definition of commerce that defines commerce as anything that could affect interstate commerce 

  Whether it be commercial activity or inactivity 
• direct effects doctrine 


  Relating something to commercial actions that directly affect commerce between the states that has substantial effect on interstate commerce
• substantial effects doctrine 


  States that the federal government may regulate any economic activity that has substantial effect on interstate commerce
• aggregate effects 


  Relates to congress’ power to view any interstate commerce by its effects on the whole and consider the total impact of such activity on interstate commerce. Permits extension of the regulation of interstate commerce into any action which affect interstate commerce only when aggregated with other actions 
• cato letter 4


  fetus of monarchy
• federalist 70-73


  executive energy

  unity

  duration
• Jefferson's opinion on the constitutionality of the bank


  its convenient but not necessary
• mcculloch v maryland


  it was constitutional for congress to start a bank

  it was unconstitutional for maryland to tax it
• us v ec knight


  bought most of the sugar monoply in america
• us v ec knight 


  bought most of the sugar monopoly in america

  this sugar was a local activity- congress has no say

  congress lost

  MANUFACTURING IS A LOCAL ACTIVITY AND NOT SUBJECT TO CONGRESSIONAL REGULATION UNDER INTERSTATE COMMERCE
• wickard v filburn


  argued congress was using 'police power'

  one person doest effect interstate commerce/market but its the CUMULATIVE EFFECT
• us v lopez 


  congress has no say what happens in the states

  congress argues it effects interstate commerce because of violence