Chapter 11:3: Implied Powers:

Transcription

1 Chapter 11:3: Implied Powers: o Students will examine the reasons why the framers included the necessary and proper clause. o Students will examine the necessary and proper clause.

2 (Rom 13:7) Render therefore to all their dues: tribute to whom tribute is due; custom to whom custom; fear to whom fear; honour to whom honour.

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4 Implied Powers: o The necessary and proper clause is a dramatically important part of the Constitution. o It is from that provision that the implied powers flow.

5 Implied Powers: o 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.

6 Implied Powers: o Much of the vitality and adaptability of the United States Constitution can be traced directly to this provisionand even more so to the ways both Congress and the Supreme Court have interpreted and applied it over the years. o This is also called the Elastic Clause for has been stretched so far and made to cover so much over the years.

7 Implied Powers: o Hamilton (Federalists) and Jefferson (Anti- Federalists) battled over the implied powers provision.

8 Implied Powers: o Jefferson, a strict constructionist, believed that the new government had only o (1) those powers expressly granted to it by the Constitution. o (2) Those powers absolutely necessary to carry out those expressed powers.

9 Implied Powers: o Hamilton and other liberal constructionists saw that congress had the power to do anything that was reasonably related to the exercise of the expressed powers. o Strict constructionists were afraid that it would give the government unlimited authority. o Reason and practical necessity carried the day for Hamilton and the National Bank.

10 McCulloch v. Maryland 1819: o Supreme Court decision on case involving the second National Bank where the courts unanimously reversed the Maryland courts. o It held that it was necessary and proper that the Constitution expressly empower Congress to create a bank.

11 Express and Implied Powers o Every exercise of implied powers must be based on at least one expressed powers. o Implied powers must be drawn by expressed powers. o Must be found by the expressed powers.

12 Express and Implied Powers o Four express powers of congress are taxing, borrowing, currency and commerce powers. o Over the years, congress has often found a basis of implied powers in commerce power, power to tax and spend, and war powers.

13 Express and Implied Powers o Congress has a implied power in commerce that allows Congress to make laws to regulate manufacturing, labor relations, wages and hours food and drugs, etc. o Congress has the power to tax and spend and can raise taxes to provide spending money or appropriates assigns to particular use programs such as social security and education. o War powers that gives Congress responsibility for the protection of this country against aggression, has the power to institute compulsory military service (draft).

14 The Internet is an everyday presence in our lives. With the growing threat of identity theft, terrorists using the internet, the increase of child predators, and pornography, does the government have the right to regulate the internet? What express powers can the government use to justify Internet regulation?

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16 Eminent Domain is to take private property for public use. For example, if the government wants to build a freeway and your house is in the way, they will give you the money of the value of your property, and you are required to move to another location. Recently, in the summer of 2005, the Supreme Court passed a law where corporations such as Walmart can do the same in taking over your property and forcing you to move if the government deems it to be a public good. Determine both sides of the issue. Write in the first paragraph the reason why you think Eminent Domain is in the Constitution and on the second paragraph if you agree or disagree with it.