1. Bell Ringer
How have the “necessary and proper” clause and the commerce clause been used to expand power of the federal government?
Answer
Congress has used the necessary and proper clause to pass broad laws, resulting in expanded powers.
Congress has used the commerce clause to regulate interstate commerce. This has allowed for Congress to expand its power over what is being traded across all of the states.

2. The Eras of Federalism The Marshall Court The Taney Court
The Cooperative Years
New Federalism

3. The Marshall Court Years: 1801-1835 Basic Features:
Growth of national power – esp. economic affairs
Constitutional Features:
Necessary and Proper Clause
General Welfare
Commerce Clause
Judicial Review
Court Cases: Marbury v Madison, McCulloch v Maryland & Gibbons v Ogden
Impact: Broaden N/P & Supremacy Clauses – more federal power!

4. Necessary and Proper Clause
Article I, Section 8: Powers Granted to Congress
To make all Laws which shall be necessary and proper for carrying into Execution the foregoing Powers and all other Powers vested by this Constitution in the Government of the United States, or in any Department or Officer thereof.

5. McCulloch v Maryland Discussion
Overview of case? – Who, What, Where/
What Constitutional principle was established?
What was the objective of the “necessary and proper” clause?
What was the basis for the Court’s ruling that Maryland could not tax the 2nd Bank of the U.S?
How did the fact that Justice Marshall was a Federalist influence his ruling in the case?
How did the case ruling contribute to the strength of the national government?

6. The Commerce Clause Article 1, Section 8, Clause 3
The Congress shall have the power…to regulate Commerce with foreign Nations, and among the several states, and with the Indian Tribes…

7. Gibbons v. Ogden Discussion
Overview of case?
If you operated a trucking service between SFO, CA and PDX, OR could you be subject to regulation by either/both of the states and the federal gov’t?
Why was it necessary for Marshall to take the trouble to explain why navigation should be considered as part of commerce?
Explain what way Justice Jackson’s characterization of Marshall’s Gibbons opinion was correct.
In what way is Marshall’s ruling in the case consistent with his other decisions that related to federal vs state powers?
Do you agree with Marshall’s ruling that Gibbons had a right to compete with Ogden’s ferry line?

8. The Commerce Clause Congress can regulate:
Channels of interstate commerce – including highways, waterways, and air traffic
People, machines, and things used in carrying out commerce.
Things moving in interstate commerce
Commercial activities that have a substantial effect on interstate commerce.

9. The Commerce Clause Can Congress Make this Law?
Recently, a freight train crashed when it entered Kansasippi, because the train operator didn’t recognize Kansasippi’s unique warning signal. Congress wants to pass a law that requires all states to use uniform warning signs and signals for trains.
Does Congress have the power to make this law?

10. The Commerce Clause Can Congress Make this Law?
Congress wants to pass a law that bans factories which make products that are sold in other states from employing children under the age of 18.
Does Congress have the power to make this law?
Law banning child labor: Yes, this law would be permitted under the Commerce Clause today. In US. V Darby, the Supreme Court ruled that Congress has the authority to regulate the in-state manufacture of goods that may end up in interstate commerce. Congress can ban from interstate commerce goods that are harmful to the country, including goods made in a harmful way.

11. The Commerce Clause Can Congress Make this Law?
Tomato prices have been plummeting and tomato farmers aren’t making enough money to keep planting their crops. In order to limit the overall tomato crop, thereby raising tomato prices, Congress wants to pass a law that prohibits all U.S. farmers that sell vegetables from growing more than 500 pounds of tomatoes each – even for their own consumption.
Does Congress have the power to make this law?
Law limiting tomato growing: Yes, this law would probably be permitted under the Commerce Clause today. It is similar to the decision in Wickard v Filburn, considered to be the most expansive ruling on the Commerce Clause. The Wickard decision remains in effect today and the Court cited in the Golzalez v Raich.

12. The Commerce Clause Can Congress Make this Law?
Lawmakers are dismayed by the number of shootings that take place in schools. Congress wants to pass a law that makes it a federal crime to possess a gun o the property of a public school.
Does Congress have the power to make this law?
No, this law would not be permitted under the Commerce Clause today. The Supreme Court ruled on this law in US v Lopez in 1995, say thing that carrying guns in school zones was not an economic activity.