Published on September 22, 2014
Unit III Lesson 2 The Commerce and Elastic Clauses
Essential Question: • What are the institutions and policy-making processes of the national government? • What are the links between the branches of the national government, political parties, interest groups, public opinion, the media, and state and local governments?
Article I Section 8 “Enumerated” or “Expressed” Powers *Declare and Engage in War * Print and Coin Money * Maintain an Army and Navy * Collect National Taxes * Protect the Rights of Citizens * Admit New States * Provide for Public Safety * Borrow Money * Negotiate Treaties with Foreign Countries * Protect Public Health * Set up Post Offices * Set Rules for Immigration *Regulate Interstate and Foreign Commerce
Commerce: The Buying and Selling of Goods “Commerce Clause”
The “Commerce Clause” gives Congress the broad power to regulate all business activities that cross state lines or affect more than one state Article I Section 8
“Commerce Clause” 1964 Civil Rights Act of 1964
The 10th Amendment The powers not “delegated” to the United States by the Constitution are “reserved” to the States
“Anti-Federalists” Jefferson “Federalism” “Delegated Powers”
“Enumerated Powers” “Commerce Clause”
“Federalism” Questions 1-4 Unit I
“Enumerated Powers” “Commerce Clause”
Implied Powers - Actions taken by Congress which are NOT stated in the U.S. Constitution but which seem to be suggested in the expressed powers Air-Force?!? “…Raise and support an Army” The Patriot Act?!? “…Provide for the Common Defense” “…Raise and support a Navy”
Not Enough Where Do These “Implied Powers” Come From?
The Necessary and Proper Clause (“The Elastic Clause”)- Clause in Article I that allows Congress to “stretch” their expressed powers (ex. Create an Air Force) “The Elastic Clause” Article I Section 8 “The Congress shall have the power to make all laws necessary and proper for carrying out their expressed powers” “Enumerate” Madison http://www.youtube.c om/watch?v=EsudH mV-B_Y&safe=active
“Checks and Balances”
Unconstitutional “Too Far!!”
Expressed Powers Implied Powers Necessary and Proper Clause “Elastic Clause” “Too Far!!”
Powers derived from the “elastic clause” that Congress deems necessary to carry out its expressed powers are known as: A. Enumerated Powers B. Implied Powers C. Reserved Powers D. Concurrent Powers
Which of the following best illustrates a use of the “elastic-clause”? A. The Supreme Court Allows a Lower Court Ruling to Stand by Refusing to Hear an Appeal B. A Congressional Committee Prevents the Full Chamber from Voting on Legislation by delaying its report C. Congress Passes Legislation Establishing a National Speed Limit D. A Governor Issues an Executive Order Requiring all State Employees to Submit to Drug Testing
Homework!!! Textbook Pages: 54- 58 Graphic Novel Pages: 42-43 and 48
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How has the "elastic clause" and the commerce clause allowed the government to deal with new ... 2/3 of Congress or the states would have to ...