How are the commerce, supremacy, and elastic Clauses used in the course of American federalism? What advantage, if any, does the federal government receive from the use of these clauses?
What will be an ideal response?
Students should define the Commerce, Supremacy, and Elastic Clauses and explain how they give the government powers to create laws that are not expressly stated in the Constitution. The Supremacy Clause gives the government the advantage of having its laws and constitution treated as superior to laws and constitutions at the state level. The Elastic Clause allows the use of implied powers that are not directly expressed within the Constitution, and when used with a very broad interpretation of the Commerce Clause, the federal government has the ability to create laws that are far afield of the narrowly defined federal powers outlined in Article I of the Constitution. Since the Supreme Court has broadly interpreted the use of these clauses, the federal government has seen its power rise since the early 19th century.
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