Transcript Expressed vs. Implied Powers of Congress

EXPRESSED VS. IMPLIED POWERS OF
CONGRESS
EXPRESSED POWERS

Expressed means that they
are explicitly written in the
Constitution, giving Congress
the direct power to regulate
those areas
IMPLIED POWERS

Implied means that they are
powers taken by Congress
through reasonable
deduction from the
expressed powers

The “Necessary and Proper”
Clause
WHAT’S THE DIFFERENCE BETWEEN
EXPRESSED AND IMPLIED?
“THE NECESSARY AND PROPER CLAUSE”

“To make all laws which shall be necessary and
proper for carrying into Execution the foregoing
Powers, and all other Powers vested by this
Constitution in the Government of the United
States, or in any Department or Officer
thereof.”
 Article
I, Section 8, Clause 18
EXPRESSED


“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…”
Congress is the only body in
the Federal government to
decide how to tax us
IMPLIED

Punish Tax Evaders

Regulate certain things
(alcohol) and outlaw others
(narcotics)

Require states to meet
certain conditions to get
federal funding
THE POWER TO LAY AND COLLECT TAXES
EXPRESSED



“To regulate Commerce with
foreign Nations, and among the
several States, and with the
Indian Tribes”
The Congress can make laws
regulating domestic and foreign
trade
Cannot favor one state over
another
IMPLIED

Establish a minimum wage

Ban discrimination in
workplaces and public
facilities (Ex. Civil Rights Act)

Pass laws protecting the
disabled (Ex. ADA)

Regulate Banking
THE POWER TO REGULATE INTERSTATE
COMMERCE
EXPRESSED

“To borrow money on the
credit of the United States”

No limit on how much we can
borrow

No limitations on the
reasons for borrowing
IMPLIED

The power to establish the
Federal Reserve System of
Banks to regulate the
nation’s money supply
THE POWER TO BORROW MONEY
EXPRESSED


IMPLIED
“To coin Money, regulate the
Value thereof, and of foreign
Coin…” and “to provide for
the Punishment of
counterfeiting the Securities
and current Coin of the
United States”

Get rid of the penny

Prohibit forgery of checks
Determine the types of
currency to use and to make
it (i.e., coins, bills)
THE POWER TO COIN MONEY
EXPRESSED



Congress alone has the
power to raise and support
an Army and Navy
IMPLIED

The power to draft
Americans into the military

Establish the US Air Force to
increase our military

Highly controversial, but
upheld by Supreme Court in
1917
Make rules governing our
military
Declare War
THE POWER TO RAISE AN ARMY AND NAVY
EXPRESSED

The president shall have Power,
by and with the Advice and
Consent of the Senate, to make
Treaties, provided two thirds of
the Senators present concur…”

“by and with the Advice and
Consent of the Senate, shall
appoint…Judges of the
supreme Court, and all other
Officers of the United States…”
IMPLIED

Make agreements with other
nations dealing with nuclear
missiles or war
THE POWER TO APPROVE TREATIES AND
APPOINT JUDGES OF THE SUPREME COURT
EXPRESSED
IMPLIED

“To establish a uniform Rule
of Naturalization”

The power to regulate and
limit immigration

Congress set up the process
for immigrants to become
legal US citizens

Quotas are placed on the
number of people that can
immigrate here every year
THE POWER TO CREATE NATURALIZATION LAWS
EXPRESSED
IMPLIED

“To establish Post Offices
and Post Roads”

Prohibit mail fraud and
obstruction of mail

Includes establishing mail
routes, including US
railroads, airways, and
waterways

Bar the shipment of certain
items through the mail
THE POWER TO ESTABLISH POST OFFICES AND
POST ROADS
EXPRESSED

“To constitute Tribunals (courts)
inferior to the supreme Court”

Create court systems lower
than the Supreme Court

Includes defining federal crimes
and punishments

Impeachment and removal of
government officials
IMPLIED

Seek penalties for DUI or
drug-related offenses or
crimes

Removing an official from
office for accepting bribes
THE POWER TO CONSTITUTE TRIBUNALS
INFERIOR TO THE SUPREME COURT