Expressed Powers

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

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

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

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

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

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

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)

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

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

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.

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

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

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

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.