Transcript The Commerce Power - School District of Bloomer

[ 4.3 ] The Expressed Powers
The Expressed Powers
Learning Objectives
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Describe the three types of powers delegated to Congress.
Understand the expressed powers of Congress, including the commerce, taxing,
bankruptcy, and borrowing powers, and explain why the Framers gave Congress the
power to issue currency.
Identify the key sources of the foreign relations powers of Congress.
Describe the power-sharing arrangement between Congress and the President on the
issues of war and national defense.
List other key domestic powers exercised by Congress.
[ 4.3 ] The Expressed Powers
Key Terms
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expressed powers
implied powers
inherent powers
commerce power
Hudson River
John Marshall
tax
District of Columbia
public debt
deficit financing
Bill Clinton
bankruptcy
legal tender
copyright
patent
Boston
Philadelphia
Benjamin Franklin
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territories
eminent domain
naturalization
Lyndon Johnson
Richard Nixon
Types of Congressional Powers
A typical day in either chamber of Congress might suggest that there is no limit to what
Congress can do. On any given day, the House might consider bills dealing with such
varying matters as the interstate highway system, an increase in the minimum wage, and
grazing on public lands. Meanwhile, the Senate might be considering aid to a faminestricken country in Africa, the President’s nomination of someone to fill a vacancy on the
Supreme Court, or any number of other matters.
The Scope of Congressional Powers
- The U.S. Government is a limited government.
Explain how the following limit the power of Congress:
1. Article 1, sec.8
2. Article 1, sec. 9
3. Bill of Rights
4. Federalism and the 10th Amendment
Congressional Power (Review)
Types of Congressional Powers
The Constitution grants Congress a number of specific powers in three different ways. (148 TPS)
How do these powers help to create a limited government?
Congressional Expressed Powers (Art. 1, Sec. 8.)
1. The Congress shall have Power tax
2. To borrow Money on the credit of the United States;
3. To regulate trade
4. To establish a uniform Rule of Naturalization
5. To establish uniform Laws on the subject of Bankruptcies throughout the
United States;
6. To coin Money, regulate the Value thereof, and of foreign Coin, and fix the
Standard of Weights and Measures;
7. To provide for the Punishment of counterfeiting the Securities and current Coin
of the United States;
8. To Establish post offices and post roads
9. Patents and copyrights;
10. To constitute Tribunals inferior to the supreme Court;
11. To define and punish Piracies and Felonies committed on the high Seas, and
Offenses against the Law of Nations;
Congressional Powers
------------------------------------war/defense--------------------------12. To declare War, grant Letters of Marque and Reprisal, and make Rules
concerning Captures on Land and Water;
13. To raise and support Armies;
14. To provide and maintain a Navy;
15. To make Rules for the Government and Regulation of the land and
naval Forces;
16. To provide for calling forth the Militia to execute the Laws of the
Union, suppress Insurrections and repel Invasions;
17. To provide for organizing, arming, and disciplining, the Militia, and for
governing such Part of them as may be employed in the Service of the
United States, reserving to the States respectively, the Appointment of the
Officers, and the Authority of training the Militia according to the
discipline prescribed by Congress;
Congressional Powers
17. To provide for organizing, arming, and disciplining, the Militia,
and for governing such Part of them as may be employed in the
Service of the United States, reserving to the States respectively, the
Appointment of the Officers, and the Authority of training the Militia
according to the discipline prescribed by Congress;
-----------------------------------------D.C. and…-------------------------------------18. To exercise exclusive Legislation in all Cases whatsoever, over
such District (not exceeding ten Miles square) as may, by Cession of
particular States, and the acceptance of Congress, become the Seat
of the Government of the United States, and to exercise like
Authority over all Places purchased by the Consent of the Legislature
of the State in which the Same shall be, for the Erection of Forts,
Magazines, Arsenals, dock-Yards, and other needful Buildings; And...
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.
What do we call this last clause?
What kind of power is derived from it?
H.O.
The Scope of Congressional Powers
The Expressed Powers
Learning Objectives
• Describe the three types of powers delegated to Congress.
• Understand the expressed powers of Congress, including the commerce,
taxing, bankruptcy, and borrowing powers, and explain why the Framers gave
Congress the power to issue currency.
• Identify the key sources of the foreign relations powers of Congress.
• Describe the power-sharing arrangement between Congress and the President
on the issues of war and national defense.
• List other key domestic powers exercised by Congress.
The commerce power—the power of Congress to
regulate interstate and foreign trade—is granted in
the Commerce Clause of the Constitution.
“To regulate Commerce with foreign Nations, and
among the several States, and with the Indian
Tribes”
-Article 1, section 8, clause 3
Commerce, generally, is the buying and selling of goods and services. The commerce
power—the power of Congress to regulate interstate and foreign trade—is vital to the
welfare of the nation. Its few words have prompted the growth of the greatest open
market in the world. The Commerce Clause proved to be more useful for the building of
a strong and United States out of a weak confederation than any other provision in the
Constitution.
The Commerce Power
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Gibbons v. Ogden, 1824
Gibbons and Commerce Power
What were the three most
important points to come out of
the Gibbons ruling (149)?
In Gibbons v. Ogden, Chief Justice John Marshall ruled that:
1. Congress has the power to regulate interstate commerce
2. federal laws take precedence over State laws.
3. Commerce is more than the movement of Goods.
Commerce Clause Cases (review)
How was the Heart of Atlanta Motel v. United
States case related to Gibbons? (149,50)
What was the effect of Lopez v. US on the use
of the Commerce clause? (150)
Limits on The Commerce Power?
The Constitution places four limits on Congress’s use of the
commerce power:
(1) Congress cannot tax exports.
(2) Congress cannot favor the ports
of one State over those of any other
in the regulation of trade.
(3) Congress cannot require that
“Vessels bound to, or from, one
State, be obliged to enter, clear or
pay Duties in another.”
(4) Congress could not interfere with
the slave trade (through 1808).
Commerce Power:
Explain the reasoning behind the following
statement from your text:
The commerce clause proved to be more
responsible for the building of a strong and
“United” States out of a weak Confederation than
any other provision in the Constitution.
The Money Powers
Congress has several expressed powers related to money, including the power to tax, the
power to borrow, the power to establish laws on bankruptcy, and the power to coin
money. These congressional powers have played an important role in the forming of our
nation.
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The Purpose of Taxes?
Limits on the Taxing Power?
The Borrowing Power…Limits?
The Bankruptcy Power…Why not let the states do this?
The Currency Power…Why not let the States do this?
The Power To Tax
The Constitution gives Congress the
power:
“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 I, Section 8, Clause 1
Brainstorm
What limits would/should we place on the federal government’s power to tax?
How should taxes be structured? i.e. Who should pay…and how much?
Limits on the Taxing Power
A tax is a charge levied by government on persons or
property to meet public needs.
The Constitution places four limits on Congress’s
power to tax:
(1) art. 1, sec. 8 clause 1
(2) art. 1, sec. 9, clause 5
(3) art. 1, sec. 9, clause 4
(4) art 1, sec. 8, clause 1
Limits on the Taxing Power
A tax is a charge levied by government on persons or
property to meet public needs.
The Constitution places four limits on Congress’s
power to tax:
(1) Congress may tax only for
public purposes, not for
private benefit.
(2) Congress may not tax
exports.
(3) Direct taxes must be
apportioned among the
States, according to their
populations.
(4) Indirect taxes must be
levied at a uniform rate in all
parts of the country.
What is the relationship between the 16th Amendment and number 3 above?
Income Distribution and Tax Revenues?
The Money Powers
4 Questions please…
Some categories of spending federal taxes in 2013 did not exist 1800 and 1900.Analyze Charts How do
these categories differ from the other categories?
The Borrowing Power
• Article I, Section 8, Clause 2 gives Congress the power
“[t]o borrow Money on the credit of the United States.”
• Deficit financing is the practice of spending more money
than received in revenue and borrowing to make up the
difference.
• The public debt is all of the money borrowed by the
government over the years and not yet repaid, plus the
accumulated interest on that money. Debt Clock
CQ Researcher: Debt
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Chapter 11, Section 2
Reading and Response:
A Balanced Budget Amendment??
• How would such an Amendment work?
• Why can’t Congress simply pass a balanced
budget law?
• What are the Pros and Cons?
• Would you support it…Explain?
The Currency and Bankruptcy Powers
The Currency Power
The Bankruptcy power
• Article I, Section 8, Clause 5
gives Congress the power
“[t]o coin Money [and]
regulate the value thereof.”
• Legal tender is any kind of
money that a creditor must
by law accept in payment for
debts.
• Article I, Section 8, Clause 4
gives Congress the power
“[t]o establish…uniform Laws
on the subject of
Bankruptcies throughout the
United States.”
• Bankruptcy is the legal
proceeding in which the
bankrupt person’s assets are
distributed among those to
whom a debt is owed.
Why not let the states have these powers?
Other Domestic Powers
The other expressed powers relate to domestic matters. Each of them has a direct and a
considerable effect on the daily lives of the American people.
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Copyrights and Patents
The Postal Powers
Territories and Other Areas
Weights and Measures
Naturalization
Judicial Powers
Other Expressed Powers
Copyrights
Patents…Why?
How is aand
copyright
different from a patent?
A copyright is the exclusive right of an author to
reproduce, publish, and sell his or her creative
work.
A patent grants a person the sole right to
manufacture, use, or sell “any new and useful art,
machine, manufacture, or composition of matter.”
A patent drawing by Thomas Edison for an
improvement to electric lamps. By assigning
rights to intellectual property, patents and
copyrights encourage creativity and progress.
More Expressed Powers
Weights and Measures
Congress has the power to “fix the Standard of Weights and
Measures” throughout the United States.
Judicial Powers
Congress may create all of the federal courts below the
Supreme Court and structure the federal judiciary.
Congress may also define federal crimes and set punishment
for violators of federal law.
Power Over Territories and Other Areas
Congress has the power to acquire, manage, and dispose of
various federal areas.
One way of acquiring property is through eminent domain, the
inherent power to take private property for public use.
Other Expressed Powers
Naturalization…WHY?
Naturalization is the process by which citizens of one country
become citizens of another.
The Postal Power…WHY?
Article I, Section 8, Clause 7 says that Congress has
the power “[t]o establish Post Offices and post
Roads.”
Congress and Foreign Policy
The Federal Government has greater powers in the field of
foreign affairs than it does in any other area of public policy.
WHY?
The 50 States that comprise the Union are not sovereign, so
they have no standing in international law. In short, the
Constitution does not allow them to take part in foreign
relations.
The War Powers
Six of the 27 expressed powers set out in Article I, Section 8 deal explicitly with the
subject of war and national defense.
Remember that here, too, Congress shares power with the chief executive.
Foreign Relations and War Powers
• Congress has the inherent power to act on matters affecting the
security of the nation.
• The Commerce Clause also grants Congress the power to regulate
foreign trade..which can and is used in foreign relations…How??
Sanctions Against Iran
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Congress’s war powers are extensive and substantial, including: the
power to raise and support armies, to provide and maintain a navy, and
to organize, arm, and discipline the military.
• Congress also has the power to restrict the use of American forces in
combat in areas where a state of war does not exist (War Powers
Resolution of 1973)
The War Powers Resolution 1973
Can you recall the Provisions???
1. President must consult w/
Congress before introducing
armed forces into hostilities
2. Consult with Congress
regularly until troops
removed
3. If war not declared,
President must submit report
to Congress within 48 hours
of troop deployment
4. President must remove
troops after 60 days (+30
days for withdrawal) if
Congress has not declared
Go To
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war
Section:
War & Peace - Whose Power Is It?
What is the difference between “Make war” and Declare War? How have we interpreted this
distinction in the past?
What are the problems with Congress in regard to exercising its war powers? Has Congress
abdicated its Constitutional power over war-making with the WPR?
Is there a Constitutional problem with the War Powers Resolution? If so, how could it be
solved?
SG and Realize
Quiz: Types of Congressional Powers
Which of the following BEST characterizes Congress’s expressed powers? These are
powers that
A. are part of a federal system of government, such as the power to create a national
school system.
B. are part of being a sovereign nation, such as the power to patrol a nation’s borders.
C. are reasonably deduced by wording in the Constitution, such as the power to regulate
wages for hourly workers.
D. are stated in the Constitution, such as creating an interstate highway system.
Quiz: The Commerce Power
Which of the following is Congress prevented from doing due to limits placed on the
commerce power by the Constitution?
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passing a law that prevents hotels from banning people of certain religions
passing a law that requires city buses to be wheelchair-accessible
placing a tax on avocados exported to Europe from California
regulating licenses for ships operating on waters between States
Quiz: The Money Powers
What was the purpose of the Framers granting Congress the power to tax?
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to ensure that the Federal Government would obtain revenue
to ensure that the States would be able to use the revenue
to ensure that the States would remain impotent
to ensure that wealth was evenly distributed among the States
Quiz: Other Domestic Powers
Congressional weights and measures powers and postal powers both played important
roles in the forming of our nation by
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B.
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enabling the federal government to remain sovereign over the States.
helping support the congressional power to tax.
helping the federal government establish eminent domain.
providing uniform, consistent services and standards.
Quiz: Congress and Foreign Policy
What is one congressional power that allows the legislative branch to check the foreign
affairs powers of the President?
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the spending power
the taxing power
the bankruptcy power
the postal power
Quiz: The War Powers
Which of the following correctly reflects an action that can be taken under the war
powers?
A. After a dispute with another nation’s leader, the President declares war on that
country.
B. Congress acts as commander in chief of the nation’s armed forces.
C. Congress declares that military members may only serve for a maximum of five years.
D. The President calls forth the National Guard to patrol a southern state after a
hurricane.
Study Guide and REALIZE Review
Topic 4, Lesson 3