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

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

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

4. 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

5. 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

6. 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

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

8. 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

9. “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.