The Expressed Powers of Money and Commerce CHAPTER

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The Expressed Powers of Money and Commerce CHAPTER 11 SECTION 1

The Expressed Powers of Money and Commerce CHAPTER 11 SECTION 1

Starter �Who authorizes changes to our currency?

Starter �Who authorizes changes to our currency?

Objective �Students will be able to: 1) Explain what is meant by the expressed,

Objective �Students will be able to: 1) Explain what is meant by the expressed, implied, and inherent powers of Congress; 2) Identify the specific commerce and money powers of Congress. Guiding Question: What powers over money and commerce does the Constitution give to Congress and what limits does it place on these powers?

Questions � 1) Explain the three different types of congressional powers; � 2) Describe

Questions � 1) Explain the three different types of congressional powers; � 2) Describe the commerce power; why did the Framers grant this power to Congress? � 3) Draw Inferences: why did the Framers place limits on the power of Congress to levy taxes? � 4) Why did the Framers grant the power to tax? What is the purpose of taxes?

Intro �Article 1 of the U. S. Constitution describes Congress and grants it particular

Intro �Article 1 of the U. S. Constitution describes Congress and grants it particular powers and also denies it others. �In this section, students will learn about two expressed powers: the commerce power and the power to tax.

Delegated Powers �Congress has three types of delegated (“given”) powers: 1) Expressed – explicit;

Delegated Powers �Congress has three types of delegated (“given”) powers: 1) Expressed – explicit; stated in the Constitution. - For example, Congress can coin money 2) Implied – powers not listed in the Constitution, but are needed to carryout its expressed powers. - For example, based on the expressed power to coin money, Congress can issue greenbacks.

Delegated Powers 3) Inherent – powers that belong to all sovereign nations; - For

Delegated Powers 3) Inherent – powers that belong to all sovereign nations; - For example, the power to control a nation’s border.

Expressed Powers �Article 1, Section 8, lists 18 separate clauses detailing 27 powers of

Expressed Powers �Article 1, Section 8, lists 18 separate clauses detailing 27 powers of Congress.

Commerce Power �The power of Congress to regulate interstate commerce (between states) and foreign

Commerce Power �The power of Congress to regulate interstate commerce (between states) and foreign trade. �Using your phone, take 5 minutes to research and find a federal law passed under Congress’ commerce power.

Commerce Power

Commerce Power

Limits on the Commerce Power �Commerce Clause was used to pass the 1964 Civil

Limits on the Commerce Power �Commerce Clause was used to pass the 1964 Civil Rights Act, prohibiting racial discrimination by businesses; American With Disabilities Act �Some limits: Could not interfere with the slave trade until 1808; Congress may not tax exports or favor one State over another.

Question �Who ultimately defines the meaning of the Commerce Clause?

Question �Who ultimately defines the meaning of the Commerce Clause?

Power to Tax �A tax is a charge imposed by government on persons or

Power to Tax �A tax is a charge imposed by government on persons or property to raise money to fund public needs. �“To lay and collect Taxes, Duties, Imposts and Excises, to pay debts and provide for the common Defense and general Welfare of he U. S….

Power to Tax � 90 percent of the revenue of the Federal Government comes

Power to Tax � 90 percent of the revenue of the Federal Government comes from taxes, of which there are two kinds: 1) Direct Taxes: paid directly by the taxed person (e. g. , income tax); and 2) Indirect Taxes: paid by one person, and then are passed on to others, such as consumers.

Purpose of Taxes 1) used to raise revenue for public purposes/needs; 2) to protect

Purpose of Taxes 1) used to raise revenue for public purposes/needs; 2) to protect domestic industry against foreign competition (protective tariffs); and 3) to protect public health and safety. Note: a limit on the power to tax is that Congress may tax only for public purposes

Income Taxes � 16 th Amendment provides the power of Congress to lay and

Income Taxes � 16 th Amendment provides the power of Congress to lay and collect taxes on income.

Borrowing, Bankruptcy, and Currency Power �Borrowing Power – no constitutional limits on the amount

Borrowing, Bankruptcy, and Currency Power �Borrowing Power – no constitutional limits on the amount of money Congress may borrow on credit and no restrictions on the purposes for borrowing. - Public Debt: all of the money borrowed by the Federal government and not yet repaid. - Today, $16 trillion. �Bankruptcy Power – Congress can establish bankruptcy laws [a bankrupt person is one a court finds to be unable to pay his/her bills; bankruptcy is the process by which this person’s legal assets are divided among those owed. ] �Currency Power – Congress can coin money and regulate its value.

Question �Should there be a constitutional amendment limiting how much Congress can borrow?

Question �Should there be a constitutional amendment limiting how much Congress can borrow?

Exit Ticket 1) Congress can charge an amount of money on persons or property

Exit Ticket 1) Congress can charge an amount of money on persons or property called a _______ to raise money for public needs; 2) The delegated powers of Congress include the _______, and _______ powers. 3) The _____ power allows Congress to regulate interstate and foreign trade

Summary

Summary