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American Government Chapter 11, Powers of Congress

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1 American Government Chapter 11, Powers of Congress

2 Ch11 The Powers of Congress, Sec 1, The Scope of Congressional Powers
Which Article and Section of the Constitution define the expressed and implied powers? Article 1 Section 8 (1-17) defines the expressed powers and Article 1 Section 8 (18) defines the implied powers.

3 Ch11 Powers of Congress, Sec 1, The Scope of Congressional Powers
The lay and collect taxes To borrow money To regulate commerce To establish naturalization and bankruptcy laws To coin money To provide punishment for counterfeiting To establish the Post Office To promote the progress science and the arts (copyrights and patents) To create inferior courts to the Supreme court 10. To define and punish piracies 11. To declare war 12. To raise and support armies 13. To provide and maintain a Navy 14. To make rules for the government and regulation of the land and naval forces 15. To provide for calling forth the militia to execute the laws of the Union 16. The provide for organizing, arming, and disciplining the militia 17. To exercise exclusive legislation of the District of Columbia 18. To make all laws which shall be necessary and proper for carrying into execution the expressed powers of Congress

4 Ch11 Powers of Congress, Sec 1, The Scope of Congressional Powers
Different Views of The Constitution Liberal Constructionist (aka Federalist) Led by Alexander Hamilton. This “political party” believed in a strong central government and that the Constitution was a “loosely” defined document. This group endorsed the “elastic” or “necessary and proper clause” Strict Constructionist (aka Anti-Federalist) Led by Thomas Jefferson. This “political party” believed in a weak central government and strong state governments. They believed that the Constitution was a rigid document. This group did not support the “elastic” clause.

5 Limits on the Power to Tax
Ch11 Powers of Congress, Sec 2, The Expressed Powers of Money and Commerce Limits on the Power to Tax Congress can only tax for the public “good”, not for private benefit. Congress may not tax exports Direct taxes must be apportioned among the states, according to their population.

6 The Largest three expenditures of our tax dollars are:
Ch11 Powers of Congress, Sec 2, The Expressed Powers of Money and Commerce The Largest three expenditures of our tax dollars are: Medicare and Healthcare----24% Social Security—20% Defense—20% Federal Budget Pie Charts | The Concord Coalition U.S. National Debt Clock : Real Time

7 The national deficit and debt
Ch11 Powers of Congress, Sec 2, The Expressed Powers of Money and Commerce The national deficit and debt The national deficit is the government borrowing during one year. $1,302,316,247,000 and growing The national debt is the accumulation of the national deficits throughout time that have not been repaid. $14,911,624,800,000 and growing

8 Ch11 Powers of Congress, Sec 2, The Expressed Powers of Money and Commerce
The 1824 Supreme Court Case Gibbons v. Ogden and the Commerce Power. This case dealt with steamboat monopolies granted by state governments. New York granted Robert Fulton and Aaron Ogden exclusive monopoly rights to operate steamboats in New York Waters Thomas Gibbons obtained Congressional approval to also operate a steamboat in New York Waters. Ogden sued Gibbons and the Supreme Court decided that only Congress could regulate commerce so Gibbons won and states could no longer regulate commerce. This Supreme Court case greatly expanded the commerce power of Congress.

9 Ch11 Powers of Congress, Sec 2, The Expressed Powers of Money and Commerce
The Commerce Power Regulate commerce with foreign countries Regulate commerce between the states Prevent monopolies Prevent discrimination in access to public places

10 Ch11 Powers of Congress, Sec 2, The Expressed Powers of Money and Commerce
Limits of the Commerce Power Cannot tax exports Cannot favor the ports of one state over those of another No tariffs between states Could not interfere until 1808 (about 20 years after the Constitution was ratified)

11 Ch11 Powers of Congress, Sec 4, The Implied Powers
1824 Supreme Court Case McCulloch v. Maryland The State of Maryland levied a tax on the (bank notes/money) of Second Bank of the United States in 1818. James McCulloch the National Bank’s cashier refused to pay the tax The state of Maryland sued McCulloch to force him to pay the state tax. This case went to the Supreme Court. The Supreme Court decided that even though the creation of a national bank was not in the Constitution, it was “necessary and proper” to create one in order to execute the expressed powers. This landmark Supreme Court Case is the “birth” of the Implied Powers


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