Article 1, 8 of the Constitution contains the Commerce Clause and the Necessary and Proper Clause which supports

s Congress legislative powers Commerce Clause authorizes Congress to regulate interstate & foreign intercourse o Congress shall have the power to regulate commerce with foreign nations and among the several States Necessary and Proper Clause supports Congress power to regulate through law the matters announced in the Constitution o Congress is authorized to make all laws which shall be necessary and proper to the practical exercise of its other Constitutionally granted powers BUT 10th Amendment declares Congress legislative powers are limited to those explicitly or implicitly granted to it in the Constitution. All undelegated powers not specifically denied to the States in the Constitution are reserved to the States respectively, or t o the people Thus, the constitutionality of Congressional Acts depends upon (1) whether the Constitution authorizes Congress use of its legislative power in such matters and in such contexts (modern debate = proper definition of the scope of Constitutionally-granted powers, especially those in 8) and (2) if so, whether the legislature violates any other constitutional provision (e.g. due process or equal protection)

2 Implicated Normative / Policy Issues

Differing views on the proper role of the judiciary in resolving disputes about the division of power between States and Congress (separation of powers vs. checks and balances) coping

Pro-State Government Protection

Pro- Congressional Empowerment

"Protecing state governments and using federalism to limit Congressional powers provides essential benefits"
Lessens Risk of Tyranny Vertical division of powers gives fed gov't less opportunity to abuse its powers & allocates some risk to state which decreases the severity and durability of the potential harms

"National legislation essential for successfully overcoming national problems"

BUT modern market economy and tradition of extensive federal regs makes <-- seem anarchanistic. Plus modern judicial review protects indiv from liberty intrusions & tyranny

Enhances Democratic Rule Puts gov't closer to the people by holding elected representatives immediately accountable to a smailler group of citizens-- easier to represent their interests and respond to their needs

Greater rep also increases risk of tyranny - special interests more able to influence gov't. Plus, real democratic effect questionable - difficulty of rep'ing large number of diverse interests unlikley to be substantially less when pop has that many 0's

Encourages Development & Progress Federalism permits states to experiment w/ and act as a labratory for testing novel approaches to modern social, political, & economic issues. Preemptive federal laws limit this growing process

Federal laws are not always preemptive & sometimes the proported benefits of such free experiementation are outweighed by other needs (e.g. consistency of laws among the several states)

Those in opposed to judical protection of state sovereignty argue that the