EXPRESSED VS IMPLIED POWERS OF CONGRESS EXPRESSED POWERS

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” 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 Congress can make laws regulating domestic and foreign trade Cannot favor one state over another 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