Ch. 11 (p ) The Expressed, Implied, and Non-legislative Powers

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Presentation transcript:

Ch. 11 (p. 261-277) The Expressed, Implied, and Non-legislative Powers

Expressed Powers Listed in the Constitution Power to tax Power to borrow The Commerce Power The Currency Power The Bankruptcy Power

Foreign Relations Powers War Powers Naturalization Powers Postal Power Copyrights and Patents Weights and Measurements Power over Territories Judicial Powers

Implied Powers Powers not written in the Constitution, but suggested Necessary and Proper Clause Also known as elastic clause Powers that Congress needs in order to conduct its expressed powers See p. 273

Examples include: Establishing the Federal Reserve Making tax evasion a crime Establishing federal aid programs Drafting an army Setting minimum wages and maximum work hours

Expressed vs. Implied Powers Expressed Powers Listed in the Constitution The power to tax, borrow, commerce, currency, bankruptcy, foreign relations, war powers, naturalization, postal, copyrights and patents, weights and measurements, territories, and judicial Implied Powers Implied that Congress has them Needed in order to have the expressed powers The power to establish a federal reserve, draft an army, fix minimum wage and maximum work hours, make tax evasion a crime, and establish federal aid programs

The Nonlegislative Powers Those powers not having to do with making law Constitutional Amendments Electoral Duties Impeachment Executive Powers Investigatory Power

Strict Constructionists v. Liberal If it is not written in the constitution, it is not legal A strict interpretation of the Constitution Thomas Jefferson Liberal A more broad, open minded view of the Constitution Living, breathing Constitution – changes with time Alexander Hamiliton

“There ought to be a law…” Read the following article. In your group, come up with an idea for a state law you feel would benefit the United States. Write up: The law 3 reasons why your group supports it or feels it’s important When you’ve done that, call me over. I will give you feedback on your bill so you can begin work on the final write-up- tomorrow you’ll reconvene with your group to discuss the final write-up and presentation.