What Congress may and may not do.

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Presentation transcript:

What Congress may and may not do. Article I, Sections 8 & 9 This presentation may be presented as a stand alone lesson. Consider printing off the slides that contain the text of the enumerated powers (odd slides, 3-37) and having students, either individually or in groups re-write and edit the clauses to make them more understandable (plainer language). Use the presentation then to check the students’ work.

Enumerated Powers of Congress Article I, Section 8

The Congress shall have Power To lay and collect Taxes, Duties, Imposts and Excises, to pay the Debts and provide for the common Defence and general Welfare of the United States; but all Duties, Imposts and Excises shall be uniform throughout the United States;

The Congress shall have Power To lay and collect Taxes, Duties, Imposts and Excises, to pay the Debts and provide for the common Defence and general Welfare of the United States; but all Duties, Imposts and Excises shall be uniform throughout the United States; Power to levy and collect taxes to provide for defense and common welfare

To borrow Money on the credit of the United States;

To borrow Money on the credit of the United States;

To regulate Commerce with foreign Nations, and among the several States, and with the Indian Tribes;

Regulate trade / commerce To regulate Commerce with foreign Nations, and among the several States, and with the Indian Tribes; Regulate trade / commerce

To establish an uniform Rule of Naturalization, and uniform Laws on the subject of Bankruptcies throughout the United States;

Naturalization & bankruptcy To establish an uniform Rule of Naturalization, and uniform Laws on the subject of Bankruptcies throughout the United States; Naturalization & bankruptcy

To coin Money, regulate the Value thereof, and of foreign Coin, and fix the Standard of Weights and Measures;

Regulate and coin money and set standards for weights and measurements To coin Money, regulate the Value thereof, and of foreign Coin, and fix the Standard of Weights and Measures; Regulate and coin money and set standards for weights and measurements

To provide for the Punishment of counterfeiting the Securities and current Coin of the United States;

Control counterfeiting To provide for the Punishment of counterfeiting the Securities and current Coin of the United States; Control counterfeiting

To establish Post Offices and post Roads;

To establish Post Offices and post Roads;

To promote the Progress of Science and useful Arts, by securing for limited Times to Authors and Inventors the exclusive Right to their respective Writings and Discoveries;

Provide for patents and copyrights To promote the Progress of Science and useful Arts, by securing for limited Times to Authors and Inventors the exclusive Right to their respective Writings and Discoveries; Provide for patents and copyrights

To constitute Tribunals inferior to the supreme Court;

Establish the Courts system To constitute Tribunals inferior to the supreme Court; Establish the Courts system

To define and punish Piracies and Felonies committed on the high Seas, and Offences against the Law of Nations;

To define and punish Piracies and Felonies committed on the high Seas, and Offences against the Law of Nations; Define and set punishments for piracy and laws outside the United States

To declare War, grant Letters of Marque and Reprisal, and make Rules concerning Captures on Land and Water;

To declare War, grant Letters of Marque and Reprisal, and make Rules concerning Captures on Land and Water;

To raise and support Armies, but no Appropriation of Money to that Use shall be for a longer Term than two Years;

Raise and support the Army - in two year increments To raise and support Armies, but no Appropriation of Money to that Use shall be for a longer Term than two Years; Raise and support the Army - in two year increments

To provide and maintain a Navy;

To provide and maintain a Navy;

To make Rules for the Government and Regulation of the land and naval Forces;

Make the laws for the military To make Rules for the Government and Regulation of the land and naval Forces; Make the laws for the military

To provide for calling forth the Militia to execute the Laws of the Union, suppress Insurrections and repel Invasions;

To provide for calling up the militia (National Guard) To provide for calling forth the Militia to execute the Laws of the Union, suppress Insurrections and repel Invasions; To provide for calling up the militia (National Guard)

To provide for organizing, arming, and disciplining, the Militia, and for governing such Part of them as may be employed in the Service of the United States, reserving to the States respectively, the Appointment of the Officers, and the Authority of training the Militia according to the discipline prescribed by Congress;

Organize, arm, & train the military and commission officers To provide for organizing, arming, and disciplining, the Militia, and for governing such Part of them as may be employed in the Service of the United States, reserving to the States respectively, the Appointment of the Officers, and the Authority of training the Militia according to the discipline prescribed by Congress; Organize, arm, & train the military and commission officers

To exercise exclusive Legislation in all Cases whatsoever, over such District (not exceeding ten Miles square) as may, by Cession of particular States, and the Acceptance of Congress, become the Seat of the Government of the United States, and to exercise like Authority over all Places purchased by the Consent of the Legislature of the State in which the Same shall be, for the Erection of Forts, Magazines, Arsenals, dock-Yards, and other needful Buildings;

Establish a Capitol and purchase federal land and buildings To exercise exclusive Legislation in all Cases whatsoever, over such District (not exceeding ten Miles square) as may, by Cession of particular States, and the Acceptance of Congress, become the Seat of the Government of the United States, and to exercise like Authority over all Places purchased by the Consent of the Legislature of the State in which the Same shall be, for the Erection of Forts, Magazines, Arsenals, dock-Yards, and other needful Buildings; Establish a Capitol and purchase federal land and buildings

To make all Laws which shall be necessary and proper for carrying into Execution the foregoing Powers, and all other Powers vested by this Constitution in the Government of the United States, or in any Department or Officer thereof.

To make all Laws which shall be necessary and proper for carrying into Execution the foregoing Powers, and all other Powers vested by this Constitution in the Government of the United States, or in any Department or Officer thereof. Elastic Clause

Powers Denied to Congress Article I, Section 9

The Migration or Importation of such Persons as any of the States now existing shall think proper to admit, shall not be prohibited by the Congress prior to the Year one thousand eight hundred and eight, but a Tax or duty may be imposed on such Importation, not exceeding ten dollars for each Person.

The Migration or Importation of such Persons as any of the States now existing shall think proper to admit, shall not be prohibited by the Congress prior to the Year one thousand eight hundred and eight, but a Tax or duty may be imposed on such Importation, not exceeding ten dollars for each Person. Congress may not make laws preventing the importation of slaves prior to 1808. Allowed a $10 tax.

The Privilege of the Writ of Habeas Corpus shall not be suspended, unless when in Cases of Rebellion or Invasion the public Safety may require it.

The Privilege of the Writ of Habeas Corpus shall not be suspended, unless when in Cases of Rebellion or Invasion the public Safety may require it. Except in a time of war, prevents the jailing of a person unless they have been formally charged with, or convicted of, a crime. [Writ of Habeas Corpus]

No Bill of Attainder or ex post facto Law shall be passed.

No Bill of Attainder or ex post facto Law shall be passed. No Bill of attainder: May not be punished, jailed, fined, nor property seized without a court trial. No ex post facto laws: May not be punished for committing an act that was not illegal at the time.

No Tax or Duty shall be laid on Articles exported from any State.

Prevents the taxation of items moving from one state to another No Tax or Duty shall be laid on Articles exported from any State. Prevents the taxation of items moving from one state to another

No Preference shall be given by any Regulation of Commerce or Revenue to the Ports of one State over those of another; nor shall Vessels bound to, or from, one State, be obliged to enter, clear, or pay Duties in another.

No Preference shall be given by any Regulation of Commerce or Revenue to the Ports of one State over those of another; nor shall Vessels bound to, or from, one State, be obliged to enter, clear, or pay Duties in another. Prevents requiring goods to enter one state to pass through another state in order to collect taxes.

No Money shall be drawn from the Treasury, but in Consequence of Appropriations made by Law; and a regular Statement and Account of the Receipts and Expenditures of all public Money shall be published from time to time.

No Money shall be drawn from the Treasury, but in Consequence of Appropriations made by Law; and a regular Statement and Account of the Receipts and Expenditures of all public Money shall be published from time to time. Prevents the spending of Government money without being appropriated (allowed) by Congress. Requires Congress to publish a budget / record of expenditures

No Title of Nobility shall be granted by the United States: And no Person holding any Office of Profit or Trust under them, shall, without the Consent of the Congress, accept of any present, Emolument, Office, or Title, of any kind whatever, from any King, Prince, or foreign State.

No Title of Nobility shall be granted by the United States: And no Person holding any Office of Profit or Trust under them, shall, without the Consent of the Congress, accept of any present, Emolument, Office, or Title, of any kind whatever, from any King, Prince, or foreign State. Congress may not grant titles of Nobility and must approve any titles granted by other nations

What Congress may and may not do. Article I, Sections 8 & 9