1. 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?

2. Expressed Powers of Money and Commerce

3. 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

4. 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.

5. 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

6. 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
State of war since 2001
Gibbons V Ogden court defined commerce as all financial interactions

8. 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