1. Expressed Powers

2. The Expressed Powers Remember…
Expressed powers are actually listed in the Constitution.
Article I, Section 8 lists the 18 expressed powers of Congress.

3. The Power to Tax Purpose: Limits:
1) a tax is a charge levied by the government on persons or property to raise money to meet public needs.
2) Protect domestic industry (protective tariff)
3) Protect public health (narcotics)
Limits:
1) Cannot tax religious institutions (violates 1st amendment)
2) May only tax for public purposes, not for private benefit
3) May not tax exports

4. The Borrowing Power
Congress has the power to borrow money on the credit of the United States
No constitutional limits on how much Congress can borrow, no restrictions on reasons for borrowing
Congress puts a ceiling on how much debt we can have (a political gesture), but can raise the ceiling whenever they choose

5. The Commerce Power
The power of Congress to regulate interstate and foreign trade
Limits:
Cannot tax exports
Cannot favor ports of one state over another
Could not interfere with the slave trade until 1808

6. The Currency Power
Congress has the power to coin money and regulate the value thereof.

7. The Bankruptcy Power
Congress has the power to establish uniform laws on the subject of bankruptcies throughout the United States.

8. Naturalization
Congress has the power to set uniform rules for naturalization (the process by which a citizen of one country becomes the citizen of another country)

9. The Postal Power
Congress has the power to establish post offices and post roads

10. Copyrights and Patents
Congress has the authority to grant copyrights and patents
Copyright – the exclusive right of an author to reproduce, publish, and sell his or her creative work
Patent – a patent grants the manufacturer the sole right to manufacture, use or sell their product

11. Weights and measures
Congress has the power to “fix the Standards of Weights and Measures throughout the United States”
Uniform systems for time, distance, area, weight, volume, etc.

12. Power over territories and other areas
Congress has the power to acquire, manage, and dispose of various federal areas

13. Judicial Powers
Congress has the power to create all of the federal courts below the Supreme Court and to structure the federal judiciary
Also has the power to define federal crimes and set punishments for violators

14. Other powers Declare War Raise and support an Army
To Provide and Maintain a Navy
Punish Counterfeiters

15. Necessary and Proper Clause
The Necessary and Proper Clause is an expressed power that allows for the Constitutional basis for implied powers.
Implied powers are not listed in the Constitution, but are reasonably suggested based on the expressed powers.
The Necessary and Proper Clause is also called the elastic clause because it expands the powers of Congress.