2 the commerce and elastic clauses
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Unit III Lesson 2TRANSCRIPT
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