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

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

3. 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

4. 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.”

5. 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.”

6. 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

7. 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

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

9. 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

10. 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

11. 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.”

12. 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

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