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Expressed Powers of Money and Commerce Ch 11. Review: Remember – 1) limited gov’t & 2) federal form ____________________– expressed, implied, inherent.

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Presentation on theme: "Expressed Powers of Money and Commerce Ch 11. Review: Remember – 1) limited gov’t & 2) federal form ____________________– expressed, implied, inherent."— Presentation transcript:

1 Expressed Powers of Money and Commerce Ch 11

2 Review: Remember – 1) limited gov’t & 2) federal form ____________________– expressed, implied, inherent Expressed – Most found in Article 1, Sec. 8 Real meaning some from what Congress does with these powers Sounds familiar, right? Expanding on the meaning of the Constitution…..putting the skin on the bones of the Constitution Delegated powers

3 (some) Congressional Powers in the Constitution – aka Expressed powers Commerce Power Power to Tax Borrowing Power Bankruptcy Power Currency power/legal tender War Powers

4 The Commerce Clause Article 1, sec. 8, clause 3 Gives Congress the power to “______________________with foreign Nations, and among the several States, and with the Indian Tribes.” But what does it mean???!!! Hundreds of answers Does commerce include people crossing State lines? Entering or leaving a country? What about Business practices? Radio broadcasts? Internet? What’s “foreign”? What’s “commerce” regulate Commerce

5 Nobody know what it means!!...... JK, we do! Commerce – generally accepted to mean ___________ and _______ goods Gibbons v. Ogden, 1824 Regulation of steamboats by New York and the National gov’t Did New York have the right to give individuals special permits to sail by steamboat on the river and charge out of State individuals more? No! Important part – gave national gov’t _____________ under commerce clause buying selling broad powers

6 Broad, but not unlimited! __________________________, 1995……..IMPORTANT!!!!!!!!!! Congressed passed the “_______________________________” Made it a federal crime for anyone other than a police officer to have a gun in/around a school March 1992 - 12 th Grader Alfonzo Lopez brought load gun to school, confronted by school/police, arrested and charged under Texas law (important) Next day – charged with violating _____________Gun-Free School Zones Act 1990 United States v Lopez Gun-Free School Act of 1990 federal

7 United States v. Lopez cont…. ______________– Gun Free Act was unconstitutional!!! Argued there was no connection between Guns at Schools and Commerce REMEMBER, CONGRESS CAN ONLY PASS NATIONAL LAWS IF THEY ARE DELEGATED THAT POWER (EXPRESS, IMPLIED, INHERENT) ______________– Guns in school lead to violent crime and a terrible learning environment. This terrible learning environment would lead to a weak national economy since education is clearly important to nation’s financial health Lopez argued US Gov’t argued

8 SCOTUS rules that it is indeed unconstitutional AKA – there’s no connection between interstate commerce and guns at school Infringed on State’s reserved powers Important!! – this IS NOT a 2 nd Amendment (“right to bare arms) case Still illegal to carry a gun in school under Texas State law 1 st time since New Deal Commerce Class had been limited

9 Specific limits to Commerce Clause Congress: Cannot ______________(Art. 1, sec 9, clause 5) Cannot ________________of one State over those of another in regulating trade (can’t play favorites) (Art. 1, sec. 9, cl 6) Cannot require “Vessels bound to, or from, one State, be obliged to enter, clear, or pay duties in another” (Art. 1, sect. 9, cl 9) Could not interfere with the ___________at least not until 1808 (Art. 1, sec. 9, cl 1 – part of the Slave-Trade Compromise (back when we talked about the Constitutional Convention and the Compromises) tax exports favor the ports slave trade

10 Power to tax! Art. 1, sect 8, cl. 1 What was a major problem under the Articles of Confederation? ______– charge levied by gov’t on person or property to raise $$ Federal Gov’t will take in $3 trillion, (2009) 95% of that comes from taxes!!! Can also be used for other reasons other than just raise money Protective tariffs Protect public health – license (for of tax in this case) to sell narcotics Tax

11 Limits to the Power to Tax Congress can only tax for ______________________________________…Art. 1 sec. 8, clause 1 “to pay the debts and provide for the common Defence & general welfare Cannot tax ________ Direct taxes must be apportioned among the States, according to their population ___________– tax paid directly to the government by the person of whom it is imposed (ex.- income tax, 16 th amendment) public purposes, not private benefit exports Direct tax

12 Limits to power to tax cont….. All duties, imposts, and excises shall be uniformed throughout the United States…. All indirect taxes levied by Federal gov’t must be at the same rate in every part of the country ____________– tax paid by one person 1 st, then passed on to 2 nd person Ex – federal tax on cigarettes – 1 st tobacco company pays tax directly to Treasury, but then passed on by retailer to person who buys the cigarettes Indirect tax

13 Borrowing Power and Bankruptcy power Art. 1, sec 8, clause 2 – power to “____________________________” of the US ….no limit to how much it can borrow or for what reasons Doesn’t actually “borrow” $$ but uses Treasury Notes (T-Notes) Public debt – all $$ borrowed by Federal gov’t over the years and not yet repaid (plus interest) Congress has put a limit on this…currently $13 trillion Art. 1 sect. 8, clause 4 Congress has power to “establish….laws on the subject of Bankruptcies” in the US _______________– legal process by which the bankrupt’s assets are distribute to its debtors, frees the bankrupt from debt borrow money on the Credit Bankruptcy

14 (We’re almost done) Currency Power Art. 1, sect. 8. clause 5 – National gov’t _______________________ States are expressly denied this power!!! ___________– any kind of $$ that a creditor must by law except in payment of debt has power to coin money Legal tender

15 (last power for now) War powers Only Congress has the power to declare war It alone has the power to raise and support armies, provide and maintain a navy And make the rules for governing that nation’s military forces Also has power to provide for “calling forth the Militia” (now, National Guard)

16 The President can commit American military abroad only: 1)If Congress has declared war 2)When Congress has specifically authorized a military action 3)When an attack on the US or any of its armed forces has occurred (President must report facts to Congress within 48 hours)


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