EXPRESSED POWERSIMPLIED POWERS  Expressed means that they are explicitly written in the Constitution, giving Congress the direct power to regulate those areas  Implied means that they are powers taken by Congress through reasonable deduction from the expressed powers  The “Necessary and Proper” Clause

 “To make all laws which shall be necessary and proper for carrying into Execution the foregoing Powers, and all other Powers vested by this Constitution in the Government of the United States, or in any Department or Officer thereof.”  Article I, Section 8, Clause 18

EXPRESSEDIMPLIED  “To lay and collect Taxes, Duties, Imposts and Excises, to pay the Debts and provide for the common Defense and general Welfare of the United States…”  Congress is the only body in the Federal government to decide how to tax us  Punish Tax Evaders  Regulate certain things (alcohol) and outlaw others (narcotics)  Require states to meet certain conditions to get federal funding

EXPRESSEDIMPLIED  “To regulate Commerce with foreign Nations, and among the several States, and with the Indian Tribes”  The Congress can make laws regulating domestic and foreign trade  Cannot favor one state over another  Establish a minimum wage  Ban discrimination in workplaces and public facilities (Ex. Civil Rights Act)  Pass laws protecting the disabled (Ex. ADA)  Regulate Banking

EXPRESSEDIMPLIED  “To borrow money on the credit of the United States”  No limit on how much we can borrow  No limitations on the reasons for borrowing  The power to establish the Federal Reserve System of Banks to regulate the nation’s money supply

EXPRESSEDIMPLIED  “To coin Money, regulate the Value thereof, and of foreign Coin…” and “to provide for the Punishment of counterfeiting the Securities and current Coin of the United States”  Determine the types of currency to use and to make it (i.e., coins, bills)  Get rid of the penny  Prohibit forgery of checks

EXPRESSEDIMPLIED  Congress alone has the power to raise and support an Army and Navy  Make rules governing our military  Declare War  The power to draft Americans into the military  Establish the US Air Force to increase our military  Highly controversial, but upheld by Supreme Court in 1917

EXPRESSEDIMPLIED  The president shall have Power, by and with the Advice and Consent of the Senate, to make Treaties, provided two thirds of the Senators present concur…”  “by and with the Advice and Consent of the Senate, shall appoint…Judges of the supreme Court, and all other Officers of the United States…”  Make agreements with other nations dealing with nuclear missiles or war

EXPRESSEDIMPLIED  “To establish a uniform Rule of Naturalization”  Congress set up the process for immigrants to become legal US citizens  The power to regulate and limit immigration  Quotas are placed on the number of people that can immigrate here every year

EXPRESSEDIMPLIED  “To establish Post Offices and Post Roads”  Includes establishing mail routes, including US railroads, airways, and waterways  Prohibit mail fraud and obstruction of mail  Bar the shipment of certain items through the mail

EXPRESSEDIMPLIED  “To constitute Tribunals (courts) inferior to the supreme Court”  Create court systems lower than the Supreme Court  Includes defining federal crimes and punishments  Impeachment and removal of government officials  Seek penalties for DUI or drug-related offenses or crimes  Removing an official from office for accepting bribes