National Legislature Development of the Powers of the Legislature Reference: Chapter 10 section 2-3

Prior Understanding The legislature was created through separation of powers. Dividing out the powers to prevent Tyranny It was the most important area of concern to the framers This is why its Article I in the Constitution This is where the voting (lawmaking) power exist.

Congressional Power The powers of the National Legislature are limited due to the powers being spread out to competing factions the factions that are in competition are: The House of Representatives The Senate

Powers of the Legislature Congress only has powers that are delegated (granite, given) to them by the Constitution Examples: cannot create national public schools cannot require people to vote or attend church cannot set minimum age for marriages or driver’s license So who has the power to do these things? The National Gov’t is denied these powers

Powers of the Legislature The legislature (Congress) has EXPRESS Powers, IMPLIED powers and INHERENT powers if powers are explicitly stated (written) in the wording it’s EXPRESSED if powers can be interpreted by the wording these powers are IMPLIED if powers can be presumed or recognized to be delegated to the legislature they are INHERENT This also means if its traditionally be exercised by the national gov’t. Example Immigration

Congressional Express Powers The legislature has powers that impact money and commerce. Constitution gives the legislature: the power to tax power to borrow money the power to regulate commerce this means interstate and foreign trade an influential court case to explain this is Gibbons v. Ogden, 1824 this is directly linked to the Commerce Clause Article 1, Section 8, Clause 3 United States v, Lopez, 1995 set limits

Other Expressed Powers Article 1, Section 8, Clause 5 gives Congress the power to coin and regulate money along with its value. The Legislature also has: Foreign relations powers war powers power of naturalization postal powers establish post offices, postal routes, railroads, airways and waters copyrights and patents regulation powers power to set standards of weights and measures

Congressional Implied Powers Implied powers are those powers that are not spelled out in the Constitution in so many words, but suggested by wording within the Constitution. Necessary and Proper Clause gives Congress the power to make all laws for executing its powers was settled by the court case McCulloch v. Maryland