Chapter 11 sec 1 and 2.  The Constitution places many restrictions on Congress. Large areas of power are denied to Congress because of what the Constitution.

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Presentation transcript:

Chapter 11 sec 1 and 2

 The Constitution places many restrictions on Congress. Large areas of power are denied to Congress because of what the Constitution says, and what it does not say.

 The Constitution gives Congress several specific powers, and in three different ways. (1) Expressly, in so many words- the expressed powers.  (2) By reasonable deduction from the expressed powers- the implied powers.  (3) By creating a National Government for the United States- the inherent powers.

 The strict constructionists argued that Congress should be able to exercise only  (a) its expressed powers  (b) those implied powers absolutely necessary to carry out those expressed powers.

 Liberal constructionists  A broad construction of the power given to the congress

 The Power to Tax:  A tax is a charge levied by government on persons or property to meet public needs. But, notice, taxes are sometimes imposed for other purposes.  Recall the power to tax is not unlimited. Congress cannot lay a tax on Church services. Such a tax would violate the 1 st Amendment.

 The Constitution places four explicit limitations on the taxing power.  First, Congress may tax only for public purposes, not for private benefit.  Second, Congress may not tax exports.

 Third, Direct taxes must be apportioned among the States, according to their populations.  All indirect taxes must be levied at the same rate in all parts of the country

 Direct tax -is one that must be paid by the person on whom it is imposed  Indirect tax-tax paid by one person then passed on to another (cigarettes, petroleum, alcohol, anything else we cant live without)

 Congress has the power to “borrow money on the credit of the United States.” There is no constitutional limit on the amount that congress can borrow.  The Federal Government regularly practices deficit financing. That is, it spends more than it takes in each year, and it borrows to make up the difference.

 The commerce power is the power of Congress to regulate interstate and foreign trade. It is as vital to the welfare of the nation as the taxing power.