Libertyville High School. Congressional Powers Express powers of Congress are found in Article I, Section 8 So... How do these powers work? Like a vacuum.

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Presentation transcript:

Libertyville High School

Congressional Powers Express powers of Congress are found in Article I, Section 8 So... How do these powers work? Like a vacuum cleaner (and its attachments)!!!

Congressional Math The express powers, Cl. 1-17, are like a vacuum cleaner Ex: Cl 1 gives Congress the power to “Lay and collect taxes” Like a vacuum cleaner, it is very powerful, but also very limited Cl 18 = necessary and proper clause; it’s special! By itself, it does nothing When linked to an express power, it expands Congress’ authority to do whatever is necessary and proper It is your vacuum extension! Express power Necessary & proper Clause

Congressional Math What is Cl 1? What is Cl. 18? What is Cl 1 + Cl. 18? What is Cl 5 + Cl 18? What is Cl 10 + Cl 18? What is Cl 3 + Cl 18? Huh?!?! Lay and collect taxes Nothing! Internal Revenue Service New $20 bill; metric system Coast Guard (Darrrr! Scurvy dogs!) Civil Rights Laws! Lets practice!!!

Commerce Clause Commerce Clause (Art. 1, Sect. 8, Cl. 3): “The Congress shall have power... to regulate Commerce with foreign Nations, and among the several States, and with the Indian tribes.” A brief history of Commerce Clause interpretation 1789 to 1930s: Commerce Clause only regulated trade “amongst the several states” C B Which line segment is interstate? Which line segment is intrastate? Which could Congress regulate? Who regulated the other kind of commerce? A

Commerce Clause 1930s to 1995: Commerce clause broadened to include interstate commerce and ANYTHING affecting interstate commerce 1995 to present: Limits on Commerce Clause US v. Lopez (1995): Gun Free Zone Act US v. Morrison (2000): Violence Against Women Act

Commerce Clause So... What can Congress regulate with the Commerce Clause? Everything EXCEPT guns near schools and violence against women!