Ch 11 p 261 277 The Expressed Implied

Expressed Powers • Listed in the Constitution • Power to tax • Power to

• • • Foreign Relations Powers War Powers Naturalization Powers Postal Power Copyrights

Implied Powers • Powers not written in the Constitution, but suggested • Necessary and

• Examples include: – Establishing the Federal Reserve – Making tax evasion a

Expressed vs. Implied Powers Expressed Powers § Listed in the Constitution § The power

The Nonlegislative Powers • Those powers not having to do with making law •

Strict Constructionists v. Liberal • Strict • If it is not written in the

“There ought to be a law…” • Read the following article. • In your

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

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

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

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

• 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

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

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

Strict Constructionists v. Liberal • Strict • 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

“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.