Congressional Powers WHERE DO THEY COME FROM Todays

Congressional Powers WHERE DO THEY COME FROM?

Today’s Objective After today’s lesson, students will be able to… ◦ Describe the powers of Congress and their main duties and responsibilities Essential Skill: ◦ Demonstrate an understanding of concepts

But first…Review! What does reapportionment mean? What does redistricting mean? What is the difference between redistricting and gerrymandering? What are the effects of gerrymandering? Who draws district lines What are the 3 legal requirements for districts? Which 2 are enforced?

Policy Emphasis House ◦ Tax and Revenue ◦ Budget Senate ◦ ◦ Foreign Affairs Treaties Cabinet Ambassador

Sorting Activity Look through the cards with your partner Each card contains one of the clauses of the text of Article I, Section 8 of the U. S. Constitution Sort the cards into categories – determine the number and title of the categories that you divide the cards into

Discuss What have you noticed about the powers given to Congress? Do you see any powers missing

Test Your Understanding Working with the person behind you, try to decide which clause gives Congress the power to make each law Be ready to share your answers and your reasoning

Necessary and Proper Clause (Elastic Clause) Uses the “means to an end” test Laws Congress enacts must be appropriate and related to an enumerated power Rational: In the U. S. Supreme Court case of Mc. Culloch v. Maryland (1819), the Court ruled that under this clause Congress does have implied powers, and consequently, for example, Congress could, by combining Clause 18 with Clause 5, pass a law creating a Bank of the United States, even though such a power is not specifically listed as belonging to Congress in the first seventeen paragraphs

Necessary and Proper Clause (Elastic Clause) Article I, Section 8, Clause 18 – Congress has the power to make all laws which are necessary and proper for carrying out the powers of the Constitution Laws passed using the necessary and proper clause range in topic: ◦ ◦ ◦ Banking Railroads Expansion of the US Mistreatment of minorities Government corruption Business corruption ◦ ◦ ◦ Unions Environmental protection Education equality Veteran’s Affairs Women’s rights War and terrorism

General Welfare (Clause 1 – Tax) The Congress shall have 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; but all Duties, Imposts and Excises shall be uniform throughout the United States Examples ◦ Social Security Act ◦ Medicare ◦ The Bailouts ◦ Obamacare

Can Congress Tax…? Can Congress tax a church? Can Congress tax exported goods? Can Congress tax and use the money for individual purposes? Can Congress tax your income?

Commerce Clause “To regulate Commerce with foreign nations, and among the several states, and with the Indian Tribes” For a long time, judges tended to read the clause narrowly, overturning federal laws they deemed focused mainly on regulating economic activity within states rather than between them. Since the 1930 s, however, judges have tended to read the clause broadly, allowing the government to regulate all kinds of economic activity – by setting a national minimum wage, for example.

Examples of Commerce Clause No price fixing Minimum wage Maximum hours Set quotas on crop production Civil Rights Act of 1964

How is Congress Limited?

Limits on Congressional Powers No direct tax – 16 th amendment allows income tax No tax on exports Congress may only tax for public purpose All states must be treated the same Congress must approve all expenditures of the President through laws No titles of nobility

Example

Example

Conclusion Name some Congressional Powers Does Congress have too much or too little power?