1. National Legislature Development of the Powers of the Legislature
Reference: Chapter 10 section 2-3

2. Prior Understanding
The legislature was created through separation of powers.
Dividing out the powers to prevent Tyranny
It was the most important area of concern to the framers
This is why its Article I in the Constitution
This is where the voting (lawmaking) power exist.

3. Congressional Power
The powers of the National Legislature are limited due to the powers being spread out to competing factions
the factions that are in competition are:
The House of Representatives
The Senate

4. Powers of the Legislature
Congress only has powers that are delegated (granite, given) to them by the Constitution
Examples:
cannot create national public schools
cannot require people to vote or attend church
cannot set minimum age for marriages or driver’s license
So who has the power to do these things?
The National Gov’t is denied these powers

5. Powers of the Legislature
The legislature (Congress) has EXPRESS Powers, IMPLIED powers and INHERENT powers
if powers are explicitly stated (written) in the wording it’s EXPRESSED
if powers can be interpreted by the wording these powers are IMPLIED
if powers can be presumed or recognized to be delegated to the legislature they are INHERENT
This also means if its traditionally be exercised by the national gov’t. Example Immigration

6. Congressional Express Powers
The legislature has powers that impact money and commerce.
Constitution gives the legislature:
the power to tax
power to borrow money
the power to regulate commerce
this means interstate and foreign trade
an influential court case to explain this is Gibbons v. Ogden, 1824
this is directly linked to the Commerce Clause
Article 1, Section 8, Clause 3
United States v, Lopez, 1995 set limits

7. Other Expressed Powers
Article 1, Section 8, Clause 5
gives Congress the power to coin and regulate money along with its value.
The Legislature also has:
Foreign relations powers
war powers
power of naturalization
postal powers
establish post offices, postal routes, railroads, airways and waters
copyrights and patents regulation powers
power to set standards of weights and measures

8. Congressional Implied Powers
Implied powers are those powers that are not spelled out in the Constitution in so many words, but suggested by wording within the Constitution.
Necessary and Proper Clause
gives Congress the power to make all laws for executing its powers
was settled by the court case McCulloch v. Maryland