AJ 025 Lecture Notes - Lecture 21: Supremacy Clause, Commerce Clause, Rational Basis Review

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The power of the commerce clause can be seen in many areas but most clearly in. This was an issue to the anti-federalists and resulted in the bill of rights. The 10th amendment states the area of state"s rights. The powers not delegated to the united states by the constitution, nor prohibited by it to the states, are reserved to the states respectively, or to the people. This became the cornerstone of the argument of the state"s rights advocates and is called the reserve powers clause. The concept of states rights was an issue at the constitutional convention during the ratification of the constitution. There have been three major events that have defined the struggle of the states rights v. national government rights. The states had almost all of the power under the article of confederation, which meant that they would have to give power to the national government, which the states were reluctant to do.

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