ࡱ> SUR bjbj 4Fp_p_((tB,4nnnnnnnnG4I4I4I4I4I4I4$6n9m4nnnnnm4nn4n nnG4nG4603pBQ?|xF13440419|98393nnnnnnnm4m4:|nnn4nnnn9nnnnnnnnn(X : Powers of Congress I. Expressed Powers: Definition & Examples Definition: Those powers of Congress which are specifically listed in the Constitution. (a.k.a., Enumerated Powers or Delegated Powers.) Six examples from Article I, Section 8: Tax & borrow this power is needed to fund all operations of the federal government on an ongoing basis. Commerce power the power to regulate trade between the states and between the United States and foreign countries. 3. Currency power the power to coin (& print) money and regulate its value. 4. Raise and Maintain an Army & Navy the power to create and provide for all of our standing military forces. 5. Naturalization the power to determine the process by which immigrants from other countries may become citizens of the United States. 6. Copyrights & Patents the power to make rules regarding how people can protect their original creative works (copyrights) and their inventions (patents). II. Implied Powers: Definition & Examples Definition: Powers not listed in the Constitution, but which Congress considers necessary to help carry out those which are. Two examples of implied powers: The Draft implied by the expressed power to raise and maintain an army. The Constitution tells Congress they can raise an army, but it doesnt tell them how to do it. At times in our history, Congress has felt it necessary to draft young men into military service to get the army the country needed. The last time we had a draft was during the Vietnam War in 1973 -- but by federal law, young men still must register for the draft when they turn 18. Minimum Wage implied by the expressed power to regulate trade. Since Congress can regulate trade, they have assumed this implies they can regulate the businesses of the country which conduct trade. There has been a federal minimum wage ever since the 1930s. During the hardships suffered by people during the Great Depression, Congress for the first time felt it was necessary to dictate to businesses the minimum amount they had to pay their workers. There has been a minimum wage ever since the 1930s. Currently the federal minimum wage (which was last increased in 2009) is $7.25/hour. The Necessary & Proper Clause: The Constitutional source of implied powers. What does it say? Congress can make all laws Necessary & Proper to carry out its expressed powers. What does it allow Congress to do? It allows Congress to do more than just what the Constitution specifically says in other words, it allows them to exercise implied powers to help carry out their expressed powers. Why is it also called the Elastic Clause? Because Congress uses it to S T R E T C H their expressed powers and make them more than just what the Constitution specifically says. III. The Controversy over Implied Powers Strict Constructionists ( 10th Amendment ( more power for states Believe Congress should stick to their expressed powers and make very little use of their implied powers. They feel that since the 10th Amend. reserves to the states those powers not specifically granted to the national government, implied powers are a USURPATION of state power. THOMAS JEFFERSON was the original strict constructionist. About something like minimum wage, which is not listed in the Constitution, he would likely say it should be carried out by the STATES and not set by Congress. Liberal Constructionists ( Elastic Clause ( more power for national govt Believe Congress should be allowed to make broad use of implied powers to help strengthen the national government. They feel NATIONAL PROBLEMS DEMAND NATIONAL SOLUTIONS and waiting around for each state to act individually is, at best, inefficient and, at worst, dangerous to the national interest. ALEXANDER HAMILTON was the original liberal constructionist. About something like minimum wage, he would likely argue that since the Great Depression was a huge national problem, Congress passing a minimum wage as a way to help combat it was an appropriate use of federal government power. IV. Implied Powers on Trial: McCulloch v. Maryland (1819) Implied Power of Congress being challenged: Early in our history at the urging of the first Secretary of the Treasury Alexander Hamilton, Congress passed laws setting up a national bank, called The Bank of the United States. Nowhere in the Constitution did it specifically say Congress could do this. The state legislature in Maryland, opposed to the national government doing things not specifically authorized by the Constitution, put excessive state taxes on the main branch of the bank which operated in Baltimore hoping to destroy it. B. Strict Constructionist argument (Maryland): Since the Constitution does NOT specifically provide for the creation of a national bank, Congress cannot create one. Congress can only do the things specifically listed in the Constitution. The bank is an unconstitutional use of Congressional power and should be struck down. C. Liberal Constructionist argument (McCulloch): Congress has several expressed powers which put money directly in the hands of the federal government namely, the taxing power, the borrowing power, the currency power, and the commerce power all of these expressed powers result in the government handling a whole lot of money. This being the case, it is necessary & proper for the federal government to have a national bank in which to hold its money and keep it safe, before they spend it. Decision of the Supreme Court/Significance of the outcome: Decision: John Marshall and the unanimous Supreme Court ruled that the bank WAS constitutional and therefore it could exist. Furthermore they decided that no state can tax an entity of the federal government. Significance: In making this decision, the Court set a powerful PRECEDENT that implied powers DO exist and Congress CAN in fact do more than just what the Constitution specifically says. This concept, which was upheld for the first time in this landmark case, is called the IMPLIED POWERS DOCTRINE. 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