2 the commerce and elastic clauses

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?

“Enumerated” or “Expressed” Powers

Article I Section 8

*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”

1970

Civil Rights Act of 1964“Commerce Clause”

1964

“Federalism”

The powers not “delegated” to the United States by the Constitution

are “reserved” to the States

The 10th Amendment

Jefferson“Anti-Federalists”

“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

“…Raise and support an Army”

“…Provide for the Common Defense”

The Patriot Act?!?

“…Raise and support a

Navy”

Air-Force?!?

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 Congress shall have the power to

make all laws necessary and

proper for carrying out their expressed

powers”

Article I Section 8

“The Elastic Clause”

“Enumerate”

Madison

http://www.youtube.com/watch?v=EsudHmV-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