1. The Expressed Powers
Chapter 11
Section 1

2. Key Terms Expressed Powers Implied Powers Inherent Powers
Commerce Power
Tax
Public debt
Deficit financing
Bankruptcy
Legal Tender

3. Delegate Powers Receives their power from the Constitution
Large areas of power are denied the Congress
Constitution is silent on a lot of matters
Congress cannot create a National School System
Require people to attend church
Cannot set minimum ages for drivers or wedding licenses
Cannot abolish jury trials

4. Delegated Powers Congress does have many powers
Expressed Powers-powers are those stated in the Constitution (regulate foreign or interstate commerce)
Implied Powers-powers are not stated in the Constitution, but drawn from the expressed powers (minimum wage for workers)
Inherent powers-powers are those that belong to all sovereign nations ( power to control borders)

5. Delegated Powers Framers limited the power
Implied and inherent powers have been the subject of many debates

6. Expressed Powers Article 1, Section 8 Article 1, Section 8, Clause 3
18 separate clauses
27 different powers
Article 1, Section 8, Clause 3
“To regulate commerce with foreign Nations, among the several states and Indian Tribes”

7. Expressed Powers Does commerce include crossing state lines
What about business practices
Working conditions
Radio and television broadcasts
Can they ban shipment of different goods
Prohibit discrimination
What is foreign and what is interstate

8. Expressed Powers
The courts and Congress are still defining meaning of Commerce Clause
Commerce Power and expressed power to tax
Much of the basis for Congress
Congress and the courts have built all of the implied powers
Most of what Federal Government does was legislated by Congress

9. Commerce Power
The Commerce Power- the power of Congress to regulate foreign and interstate trade
Create the greatest open market in the world
Commerce Clause responsible for a strong Unites States from a weak confederation

10. Gibbons v. Ogden 1824 1st commerce case
Fulton had a monopoly on steamboats
Gave Ogden a permit for New York to New Jersey
Gibbons sued for competing
Court agreed

11. Gibbons v Ogden 1824
Court’s ruling popular because it dealt with steamboat monopolies
Companies freed from restrictive state regulation
Steam navigation developed rapidly
Followed by railroads

12. Court’s ruling extended federal authority
Beyond what the Framers had imagined
1964 Civil Rights Act
Basis in commerce
Prohibits discrimination in public places
Other public accommodations
Race, color, religion or national origin

13. Americans with Disabilities Act 1990
ADA
Prohibits discrimination against people with disabilities
Employment, public accommodations, access to commercial buildings

14. Commerce Power Limits on the Commerce Power Supreme Court struck down
United States v Lopez 1995
Gun Free School Zone Act 1990
Federal crime to possess a firearm around a school
Nothing to do with interstate commerce and guns
Congress had raided the Reserved Powers of the State

15. Commerce Power 4 Explicit Limits on Commerce Power
1. Cannot tax exports (Article 1, Section 9, Clause 5)
2. Cannot favor ports of one state over those of any other in the regulation of trade. (Article 1, Section 9, Clause 5)

16. Commerce Power
3. Cannot require that “Vessels bound to or from one State, be obliged to enter clear, or pay duties to another” (Article 1, Section 9, Clause 6)
4. Could not interfere with the slave trade, at least not until the year 1808 (Article 1, Section 9, Clause 1) last limitation part was a compromise by the Framers

17. Power to Tax
To lay and collect Taxes, duties, Imposts and Excises, to pay the Debts and provide for the common Defense and general Welfare of the United States
Article 1, Section 8, Clause 1

18. Power to Tax Purpose of taxes
Federal government will take in $2.1 trillion in fiscal 2009
95 percent comes from various taxes
Levied by Congress

19. Power to Tax
Tax- a charge levied by government on persons or property to raise money for the public needs
Protective tariff is the oldest
Protects domestic industry against foreign competition
Protect public health
Regulates narcotics, federal license required to sell or manufacture (form of taxation)

20. Limits on Taxing Power Cannot tax a church
Violates First Amendment
Cannot have a poll tax in a federal election
Violates 24th Amendment

21. Four Explicit Limitations on Taxing
1. Congress may tax only for public purposes, not for private benefit
Article 1, Section 8, Clause 1
To pay the debts and provide for the common Defence and General Welfare

22. Limitations on Taxing 2. Congress may not tax exports
“No Tax or Duty shall be laid on Articles exported from any State”
Article 1, Section 9, Clause 5
Customs, duties tariffs can be levied on imports

23. Limitations on Taxing
3- Direct taxes must be apportioned among states according to population
No Capitation, or other direct, Tax shall be laid, unless in Proportion to the Census of enumeration herein before directed to be taken (Article 1, Section 9, Clause 4)
Paid to the government (income tax)

24. Limitations on Taxing 4. Article 1, Section 8, Clause 1
All Duties, Imports and Excises shall be uniform across the United States
All Indirect taxes levied by the Federal Government must be levied at the same rate
Indirect tax is on one person and paid by another
Tax on cigarettes- tobacco company pays the Treasury, but is passed to the consumer

25. Borrowing Power Congress can borrow money on credit of United States
Treasury issue notes
T-bills
Public Debt-all money borrowed by federal government and not repaid

26. Borrowing Power
Deficit Financing- spending more than you take in and borrowing to make up the difference
Federal government has run a deficit from 1930 to 1969 in all but 7 years
Republican Congress and President Bill Clinton produce 4 years of surplus
2009 shortfall of 1.4 trillion dollars

27. Bankruptcy Power
Bankruptcy- is the legal proceeding in which bankrupt assets no matter how small will be distributes to whom a debt is owed
State and federal Government have concurrent power

28. Currency Power
Article 1, Section 8, Clause 5 gives Congress the power “to coin Money and regulate the Value thereof.”
States are expressly denied this power

29. Currency Power Framers wanted a single system of “hard’ money
Constitution gave the currency power to Congress
From 1789 on most important task of Federal Government has been providing a stable monetary system

30. Legal Tender U.S. has issued gold, silver, and other metals
1791 gave it power to issue bank notes
Paper money
Legal Tender- is any kind of money that a creditor must by law accept in payment of debts

31. Legal Tender Congress did not create legal tender till 1862
New national notes called greenbacks
States chartered private banks
1870 Supreme Court held no paper money
Hepburn v. Griswold

32. Legal Tender Cases 1871
Held that issuing paper money to be proper use of the currency power
Court declared this is a properly implied from both the borrowing and the war powers