Warm-Up 1. What is the difference between an expressed power and an implied power of Congress? 2. What does it mean if someone is going to interpret a book, document, or law strictly?
Expressed Powers of Money and Commerce
Congressional Power and Liberal Constructions Congress has three different powers Expressed- specific worded in Const. Implied- “necessary and proper” Inherent- needed to functional as a state Liberal interpretation has been since Hamilton
DO NOT COPY Commerce Clause- Article 1 Section 8, Clause 3: “To regulate Commerce with foreign Nations, and among the several States, and with the Indian Tribes” TIPS- in your notes put this into your own words and state why someone would consider this vague. Share with a partner when asked and re-evaluate if necessary.
The Power to Tax 95 %+ of Fed. Gov. revenue is taxes Some taxes collected to protect (businesses/tariff, public health/tobacco) Limits on taxes: Public purpose only, not private benefit Can’t tax exports Direct taxes apportioned to states by pop. All indirect taxes uniform throughout country
Borrowing and Commerce Powers Const. does not place limit on public debt Leads to govt. engaging in deficit spending b/c: Weak economy Tax cuts passed 2001-04 State of war since 2001 Gibbons V Ogden court defined commerce as all financial interactions
Currency and Bankruptcy Power Fed Gov’t job to provide nation with uniform, stable monetary system Congress did not create paper legal tender till 1863 S.C. court cases eventually validated this power In reality federal bankruptcy laws exclude states from proceedings Nearly all bankruptcy cases heard in fed district courts