AIM: DOES THE CONSTITUTION GIVE CONGRESS

TOO MUCH POWER?

ARTICLE 1 SECTION 8 The Expressed Powers given to

Congress directly in the Constitution. There are 18 clauses with 27

different powers explicitly given to Congress.

Supreme Court cases as well as the general operation of Congress have led to expansion of the powers of Congress beyond the words in Article 1 Section 8.

THE EXPRESSED POWERS Article 1 Section 8 Clause 1

"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, but all duties, imposts, and excises shall be uniform throughout the United States". A tax is charge levied by government on

persons or property to raise money to meet public needs.

Congress can only tax for 4 purposes:1. For public purposes2. On goods brought into the country3. Income tax (direct tax)4. Federal taxes on goods such as gasoline,

alcohol, and tobacco which must be uniform throughout the country.

Article 1 Section 8 Clause 2

"To borrow money on the credit of the United States". Congress has the power and authority to

borrow money on the credit (or name of) the United States.

There is no constitutional limit on how much money can be borrowed.

Congress has set a "debt ceiling" limit but that really is not a limit because Congress can just simply raise the limit.

Article 1 Section 8 Clause 3

"To regulate Commerce with foreign nations and among the several states, and with Indian Tribes". The Commerce Power

The Commerce Clause gives Congress the power to regulate both foreign and interstate trade. Much of what Congress does, it does based on the Commerce Power granted to it in the Constitution.

Article 1 Section 8 Clause 4

"To establish a uniform rule of naturalization, and uniform laws on the subject of bankruptcies throughout the United States". Naturalization is when a citizen of one country

becomes a citizen of another country. Our country is made up of over 20 million naturalized citizens.

Bankruptcy is when someone, or a company cannot pay their debts and seek court protection from those whom they owe money to.

Article 1 Section 8 Clause 5

"To coin money, regulate the value thereof, and of foreign coin, fix the standard of weights and measures". The Currency Power- Only Congress may coin

money. During the Articles of Confederation, all 13 states coined their own money.

Congress has the authority to set the absolute and accurate uniform gauges of time, distance, area, weight, and volume of goods.

Article 1 Section 8 Clause 6 "To provide for the punishment of

counterfeiting the securities and current coin of the United States". Congress has the authority to fight those

who illegally make United States currency and who counterfeit other means of US securities.

The United States Secret Service is in charge of protecting US Currency from counterfeiters with the US Mint printing new money.

Article 1 Section 8 Clause 7 "To establish post offices and post roads".

It is illegal to unreasonably interfere with the delivery of mail.

Mail trucks are not tax by the states (registration fees) nor do they pay taxes on fuel.

There are currently 38,000 post offices, with 750,000 employees. The Postal Service delivers 200 billion pieces of mail per year.

They are the only federal agency that does not receive tax dollars.

They have their own police force (Postal Police) and their own investigative service (Postal Inspectors) both are federal police agencies with nation wide jurisdiction.

Article 1 Section 8 Clause 8 "To promote the Progress of science and

useful arts, by securing for limited times to authors and inventors the exclusive right to their respective writings and discoveries". A copyright is the exclusive right of an

author to reproduce, publish, and sell his creative work

A Patent is a grant to a person with the sole right to manufacture, use, or sell any new art, machine, manufacture, or composition of matter. Patents are good for 20 years.

Article 1 Section 8 Clause 9 "To constitute Tribunals inferior to

the Supreme Court". Congress has the power to form

any and all courts that it thinks necessary but it cannot interfere with the Supreme Court.

Article 1 Section 8 Clause 10 "To define and punish Piracies and Felonies

committed on the high seas, and offences against the law of nations". Congress has the power to prohibit as a

federal crime; certain acts committed outside the territorial jurisdiction of the United States and acts committed within the United States against any nation in which we are at peace with.

Article 1 Section 8 Clause 11 "To declare war, grant letters of

marque and reprisal, and make rules concerning captures on land and water". Only Congress can declare war.

(The President can send troops into battle but within 90 days must notify Congress who can then vote on the act).

Letters of Marque and Reprisal have been banned by international treaty since 1856 which were the hiring of private naval forces

Article 1 Section 8 Clause 12 and 13 "To raise and support armies, but no

appropriation of money to that use shall be for a longer term than two years and to provide and maintain a navy" Congress has the power to provide for

and maintain armed forces. It established the force as an independent agency in 1947 through the use of inherent powers.

The two year limit on spending for the army insures civilian (Presidential) control of the military.

Article 1 Section 8 Clause 14 "To make rules for the government

and regulations of the land and naval forces" The Uniform Code of Military Justice

was established in 1950 to deal with this clause.

It is very lengthy and is often changed by Congress.

Article 1 Section 8 Clauses 15 and 16 "To provide for calling forth the Militia to

execute the laws of the union, suppress insurrections, and repel invasions. To provide for organizing such part of them as may be employed in the Service of the United States, reserving to the states respectively the appointment of the officers and the authority of training the militia according to the discipline prescribed by Congress". The National Defense Act of 1916

names each states militia as the national guard. Ordinarily each states national guard is under the authority of the Governor, however, the President can call up the national guard at any time.

Article 1 Section 8 Clause 17 "To exercise exclusive legislation in all cases

whatsoever, over such district (not exceeding ten miles square) as may, by Cession of Particular States, and the Acceptance of Congress become the Seat of the Government of the United States, and to exercise like authority over all places purchased by the consent of the legislature of the state in which the same shall be, for the erection of forts, magazines, arsenals, dockyards and other needful buildings". In 1791, Congress received land grants from

Maryland and Virginia to form the District of Columbia as the nations new capital (Washington D.C).

Congress can acquire land from any state for federal use.

Article 1 Section 8 Clause 18 "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". Necessary and Proper Clause

Also known as the Elastic Clause- it is the constitutional basis for the many and far reaching implied powers of the Federal government.