Commerce Clause Section 2

The Constitution that was created had a strong central government and weaker state governments. Under the Constitution, Congress was given the power to levy taxes, regulate trade between the states, raise an army, control interstate commerce, and more. A three-branch government was established in which a judicial branch handled disputes in a federal court system, a President headed an executive branch, and a legislative branch. Conversely, the anti-federalists believed in weak central and strong state governments, as the way it was in The Articles of Confederation and believed in strict adherence to the writings of the constitution.

    Federalism becomes one main component of the Constitution which guards against tyranny. Federalism is the division of powers that is given to the federal government and the central government. According to Document A the powers given to the central government allows them to  declare war, regulate trade, and conduct foreign

The US Constitution defines the federal government as “The Supreme Law of the land”, known as the Supremacy Clause. Article VI, Section 2, of the U.S. Constitution states that, should the federal government exercise their rights enumerated in the Constitution, they would prevail over any conflicting state implementation of power. The clause ensures that the federal laws take precedence over state laws and ensures that state judges uphold these laws. The Supremacy Clause checks the power of the local governments by

Federalism is power divided between central and state government. The state governments can establish schools. The central government can declare war. The state government powers are local and the central government have nationwide powers (Federalism venn diagram). It provides double security by giving both the government and states the same/equal important power, Federalism guards against tyranny because it ensures that two levels share, one can’t accumulate.

The federal government began to gain power, and in Article I section 8 says, “The Congress shall have power to lay and collect taxes, duties, imports, and excises, to pay the debts and provide the common defense and general welfare of the United States; but all duties, imports and excises shall be uniform through the United States; to borrow money on the credit of the United Staes; to regulate commerce with foreign nation, and among the several states, and with the Indians Tribes… to establish post offices and post roads .” The following quote describes how the national government has different kinds of power compared to federal government. Article IV section 1 says, “full faith and credit shall be given in each states to the public acts, records, and judicial proceeding of every other state. And the Congress may general laws prescribe the manner in which such acts, records, and proceedings shall be proved… ” In simpler words, the state government has to follow laws just like a ordinary

The Necessary and Proper clause gave congress to make all the laws that should be necessary and proper to carry into execution. (Article 1, Section 8, Clause 18). The Necessary and Proper Clause was also called the elastic clause that gave powers to Congress that were implied in the Constitution. Necessary means required or essential to. Necessary required congress to execute the powers that were granted in the constitution. John Marshall the Chief Justice wrote his opinion to the court stated that the constitution gave congress all the power to make all the laws.

This article, "The Necessary and Proper Clause" also known as "The Elastic Clause," gives Congress the power to broaden its powers and keep Federal balance. Supreme Court Justice Marshall presents an argument that supports Congress' regulation over all commerce. He clearly says, "It is the power to regulate; that is, to prescribe the rule by which commerce is to be governed. This power, like all others vested in Congress, is complete in itself, may be exercised to its utmost extent, and acknowledges no limitations other than are prescribed in the Constitution." Where the Constitution states, "Congress shall have power to regulate commerce with foreign nations, among the several States, and with the Indian tribes," the word "among" means intermixed with. Commerce may concern more than one state, therefore Congress needs to act "within the territorial jurisdiction of the several states" The Supreme Court held that the power of Congress includes navigation within its limits in every State. Any state activity that attempts to regulate interstate commerce is completely unconstitutional because in dealing with interstate commerce, it can be inferred from the Constitution that the Federal government must regulate interstate commerce. The Constitution did not provide states with the power to regulate commerce between states so it is imperative that the federal government intercedes. Although the only

The first way the constitution prevented tyranny was federalism. Federalism separated the powers between the state government and the central government. Local powers were given to the state and responsibility that were more general such as declaring wars and making laws that effected everyone were given to the central government. A few examples of the different responsibilities that were giving to the states were marriage, divorce laws, in-state business, schools, local government, and election for that local government (Doc A). The Central government handled the trade, foreign

The constitution will begin a new era of government. Consisting of; Federalism, checks and balances and the balance of power between large and small states. One of the ways to protect the US from tyranny is federalism. In document A it is said that the central government can regulate trade, exercise external relations and declare war.

According to Federalist Paper #51, Document A, James Madison stated, “The different governments will each control each other, at the same time that each will be controlled by itself.” the central government doesn’t have complete control over the states, and the states don’t have complete control over the central government. This prevents tyranny because one government, state or central, can take over. The second guard against tyranny was the Separation of Powers, which means the powers of the government that are divided among separate branches; the legislative, executive, and judiciary branch.

This document questions the power of congress which contributes to a sectionalized society at this time. One important facet of a society that is premised on sectionalism is an economy based on sectionalism. With the introduction of canals and roads in the mid nineteenth century, it became easier to rely on intrastate commerce rather than interstate commerce. The concept of commerce within the states led to drastic changes in political views. This is evidenced in Document I.

According to document A states that the central government can have trade, have relations, and also declare war. The states can also set up local government, hold elections and establish schools. According to document A James Madison said,” The different governments will each other, and at the same time it will also be controlled by itself”. What this means is that central and states government have enough power that they don't control over other things.

Some powers the central government holds include: regulate trade, declare war, provide an army and navy, set up post offices, and print money. Other powers, like holding elections, establishing schools, and passing marriage and divorce laws are only doable by the state. Some powers, such as taxing, borrowing money, and making and enforcing laws are shared between the state and the central government. (Doc. A map)

Have you ever wondered how the constitution guarded against tyranny? How they were able to create a government with no supreme leader? The people who wrote the constitution were called framers, it was their job to frame a government that could serve the needs of a new nation but did not create any tyranny. How did they write the constitution so that it prevented against tyranny? Tyranny is a form of government that gives all power to a single person or group.

Under the Articles of Confederation, the federal government had the power to; conduct foreign affairs, maintain a military, borrow money, and issue currency. However, it depended on states for soldiers and revenue. Government did not have the power to regulate trade, make citizens join the military, or impose taxes. Under the US Constitution government has the right to levy taxes, regulate trade between states, and raise an army to handle military situations. We also have a court system to deal with problematic issues between citizens and states, as well as this, interstate trade is controlled by