Informal Amendment Methods Judicial Interpretation Custom & Usage Executive Interpretation Legislative Interpretation

Federalism Original Division of Power Between Nation & States Nationalization of Power

The Original Division of Power Between Nation & States Delegated Powers (Exercised by National Government) & Supremacy Clause Reserved Powers Powers Denied to Both Provisions Giving States Role in the Composition of the National Government

Delegated/Expressed Powers 17 Specific Grants of Power + “Necessary & Proper Clause:” Power “to make all laws which shall be necessary and proper for carry-ing into execution the foregoing powers and all other powers vested by this Constitution in the govern-ment of the United States or in any department or officer thereof.”

Supremacy Clause “The Constitution, and the laws of the United States which shall be made in pursuance thereof; and all 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 consti-tution or laws of any state to the contrary notwithstanding.”

Reserved Powers 10th Amendment: “the powers not delegated to the United States … are reserved to the states respectively, or to the people.” Property & Contract Law Criminal Law Marriage & Divorce Provision of Educa-tion, Highways, & Social Welfare Organization & Power of Local Governments Concurrent Power to Tax & Spend

Powers Denied to the States To Abridge Individual Rights (After Incorporation) To Coin Money To Enter into Treaties w/ Foreign Nations To Interfere w/ “obligations of contracts” To Levy Taxes on Imports & Exports To Engage in War

January 28 1916: Louis D. Brandeis is nominated by President Woodrow Wilson to the Supreme Court, becoming the first Jewish member of the Court.

Powers Denied to the Na-tional Government & States To Deny “Full Faith & Credit” To Deny “Privileges & Immunities” To Refuse “Interstate Rendition” To Enforce Bills of Attainder To Pass Ex Post Facto Laws To Suspend Habeas Corpus

States’ Role in National Government Apportionment of the House of Representatives State Legislatures’ Drawing of House Districts Minimum House Representation Equal Senate Representation Electoral College Ratification of Proposed Amendments

Nationalization of Power, I Broad Interpretation of “Necessary & Proper” Clause McCullough v. Maryland (1819)—”Let the end be legitimate, … within the scope of the Constitution, and all means which are appropriate, which are plainly adopted to that end, which are not prohibited but consistent with the letter and the spirit of the Consti-tution, are constitutional.”

Nationalization of Power, II Union Victory in Civil War States do not have the right to oppose federal action by force of arms 14th Amendment’s Civil Rights —Citizenship: Assumed in the original Constitution

Nationalization of Power, III Interstate Commerce Clause National Grants-in-Aid Taxing & Spending Grants-in-Aid