Transcript Expressed Powers

Warm Up
Explain why it is important for the powers of Congress to be
explained in the Constitution.
Wednesday, October 28, 2015
• Objective: Students will be able to analyze the expressed powers of
Congress.
• Materials needed: notebook, pen/pencil, 1 sheet of paper for ranking
activity at the end of class
What Congress Cannot Do
• Congress has only those powers that the Constitution gives it
• Expressed powers: those delegated powers of the National
Government that are spelled out, expressly, in the Constitution
• 2 expressed powers (power to tax and to regulate interstate
commerce) have evolved over time to include new powers for
Congress
The Commerce Power
• Commerce Power: exclusive power of Congress to regulate interstate
and foreign trade
• The Supreme Court's definition of interstate commerce has expanded
federal authority into many areas of American life
• Examples: Gibbons v. Ogden, Heart of Atlanta Motel v. United States
• Limits: the commerce power cannot be used to violate other laws,
cannot tax exports, cannot tax domestic trade
The Money Powers
• Congress has the power to tax
• We haves taxes to spend money on programs and services that meet the
needs of the public and not for the needs of private citizens
• Taxes are also sometimes levied to protect the public health and safety
• Borrowing Power
• Congress has the authority to allow the government to borrow money and
raise the debt limit
• Coining money
Other Domestic Powers
• Issuing Copyrights and Patents
• Power to establish Post Offices and Post roads
• Congress has the power to acquire, manage, and dispose of various
federal areas, as well as to admit new states
• Power to create Federal courts
• Power to define federal crimes
Congress and Foreign Policies
• Power to regulate immigration system and set criteria for entrance
into the United States
• Power to make laws needed to combat terrorism here and abroad
• Power to fund U.S. military and diplomatic missions abroad
The War Powers Resolution
• The President can commit American military forces to combat abroad
only…
• If Congress has declared war
• When Congress has specifically authorized a military action
• When an attack on the United States or any of its armed forces has occurred
• The President has to tell Congress within 48 hours if he deploys troops as a result of this
• Any deployment of troops into combat longer than 60 days must be
approved by Congress
Ranking of Expressed Powers
• Rank ten expressed powers of Congress in order of importance from 1
(most important) to 10 (least important)
• Explain why you ranked each power as you did