LAW 606 Lecture Notes - Lecture 6: Implied Powers, Antonin Scalia, Concurrent Jurisdiction
1 Jun 2020
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It seems that noone can change the qualifications clause, except the people via their representatives in congress: no express power to states to add qualifications, on states" implied powers generally. But how can you give fl the power to change its election process but not give. Ar the same power for its term limits: scalia: in term limits, we would go w/ vision 1, that it"s an implied power & feds have no authority to interfere w/ state law on elections. If the state"s power is expressly limited in constitution, then even under vision 1, state would have no residual powers (powers that existed pre-1787). Among means reaching into the state through the journey from one to another. Marshall ignores this question by saying that ny"s law was barred b/c there was a federal statute which would authorize gibbons to engage in coastal trade.
