Warm up Questions:Use Article I, Section 8-10 and

your brain to fill out the three columns.

Expressed/ Enumerated

Concurrent Reserved

Enumerated (AKA expressed)

Concurrent

Reserved

Other powers besidesEnumerated, Concurrent, Reserved

Inherent- powers derive from the fact that the U.S. is a sovereign nation

Historically (international law) all nation states have the right to make treaties, wage war, acquire territory

An Enumerated power can also be inherent- not necessarily reverse

Prohibited Powers- denied to the national government, state governments, or both

Fed can NOT tax exports States can NOT make treaties with foreign

governments

Why is it so difficult to interpret the constitution and understand if something is a state or federal responsibility? What are some of “vague” portions of the constitution that have been debated since our nation’s founding?

Why is it so difficult to interpret the constitution and understand if something is a state or federal responsibility? What are some of “vague” portions of the constitution that have been debated since our nation’s founding?

Necessary Proper Clause- AKA the Elastic Clause article 1 section 8 clause18

The magic formula!!!If Congress has the power to

__________(A)_____________ ----- then it is N&P that they have the power to __________(B)_____________.

Key questions --- Do the expressed powers (A) justify

the IMPLIED POWERS(B)?

Why is it so difficult to interpret the constitution and understand if something is a state or federal responsibility? What are some of “vague” portions of the constitution that have been debated since our nation’s founding?

Formula……..IF Congress has the power to coin money, borrow money, and collect taxes (1, 2, and 5) --- THEN it is N&P that they have the power to create a national bank.

Expressed vs. IMPLIED…hmmmmm???

Thoughts?????

Powers of Congress – Where do they begin and end?

Commerce Clause!! article 1 section 8 clause3

Congress makes a law creating the interstate highway system

Formula……..IF Congress has the power to regulate interstate trade (3)--- THEN it is N&P that they have the power to create an interstate highway system.

Powers of Congress – Where do they begin and end?

Power of the Purse- (Taxes) ◦Article I, section 8, clause 1◦Articles of Confederation could NOT tax- they

could request funds….Congress Passes the Affordable Care Act

(Obamacare)Formula……..IF Congress has the power to tax

(3)--- THEN it is N&P that they have the power reform Health Care at the Federal level-Make a mandate that everyone has to have health insurance- those that do not pay a tax!

Why is it so difficult to interpret the constitution and understand if something is a state or federal responsibility? What are some of “vague” portions of the constitution that have been debated since our nation’s founding? (John Adams scene- Hamilton v. Jefferson-3:00) (French Diplomat-6:40)

What would Hamilton and Jefferson think of the formula?? (video link for notes-9)

)

**3 Most Important powers of Congress – Clauses that Jefferson WOULD HATE!!!!

1. Collect taxes – Article I, section 8, clause 1

◦Articles of Confederation could NOT tax- they could request funds….

2. Regulate Interstate Commerce (clause 3)3. Necessary and Proper clause (18) was

included in the Constitution in order to empower Congress to pass laws needed to carry out the expressed powers -Yet it has become the “Elastic Clause”

(also) Supremacy Clause- Article VI-Section 2

How much should we stretch the authority of the federal governmentIs it necessary and proper to make

FEDERAL laws regarding…Easier choices…

◦Creation of Air force◦ Interstate highway◦Labels on cigarette packs

Harder choices◦Marijuana usage◦Healthcare (Obamacare)◦Gay Marriage◦Gun control◦Welfare

VIDEO: THREE CASES OF MODERN DAY FEDERALISM

UMMM cake!!!