Congressional Power. 3 Types 1. Expressed Powers = 2. Implied Powers = 3. Inherent Powers =

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Presentation transcript:

Congressional Power

3 Types 1. Expressed Powers = 2. Implied Powers = 3. Inherent Powers =

The Debate Strict Strict Constructionist Constructionist Led by TJ Led by TJ Should be able to exercise both Expressed and Implied when needed Should be able to exercise both Expressed and Implied when needed CONSENSUS CONSENSUS Liberal Constructionist Led by Hamilton Broad Construction of power Grown in great proportion now a days

Expressed Powers Written in the Constitution!! Written in the Constitution!! 1. The Power to TAX (Article 1 Section 8 Clause 1) (Article 1 Section 8 Clause 1) A charge levied by Gov’t on persons or property to meet public needs A charge levied by Gov’t on persons or property to meet public needs 4 Limits on Taxing 4 Limits on Taxing 1. Only for Public purpose 2. May not tax exports 3. Direct Tax must be apportioned among states 4. Taxes must be levied in uniform throughout the whole state

Direct and Indirect Tax Direct Tax Direct Tax Must be paid by who it has been imposed Must be paid by who it has been imposed Examples: Income Tax Corporate Tax, Transfer Tax, Estate Tax, Gift Tax Indirect Tax Paid by one person but passed on to another and indirectly paid by the 2 nd person Examples: Fuel Tax, Liquor Tax, Tobacco, Excise Duty, Sales Tax

Other Expressed Powers Borrowing Power Borrowing Power Commerce Power Commerce Power Currency Power Currency Power Bankruptcy Power Bankruptcy Power Foreign Relations Power Foreign Relations Power War Power War Power Naturalization Postal Power Copyrights and Patents Weights and Measurements Power over Territory and other Areas Judicial Power

Implied Powers Necessary and Proper Clause Necessary and Proper Clause Pg 305 Constitution excerpt Pg 305 Constitution excerpt A.K.A. Elastic Clause = because it has been stretched so far and made to cover so many things over the years. A.K.A. Elastic Clause = because it has been stretched so far and made to cover so many things over the years. 1 ST Case 1 ST Case National Bank 1790 National Bank 1790 Strict vs Liberal Strict vs Liberal Doctrine = Doctrine =