Chapter 11 sec 1 and 2
 The
Constitution places many restrictions on
Congress. Large areas of power are denied
to Congress because of what the Constitution
says, and what it does not say.
 The
Constitution gives Congress several
specific powers, and in three different ways.
(1) Expressly, in so many words- the
expressed powers.
 (2) By reasonable deduction from the
expressed powers- the implied powers.
 (3) By creating a National Government for
the United States- the inherent powers.
 The
strict constructionists argued that
Congress should be able to exercise only
 (a) its expressed powers
 (b) those implied powers absolutely
necessary to carry out those expressed
powers.
 Liberal
constructionists
 A broad construction of the power given to
the congress
 The
Power to Tax:
 A tax is a charge levied by government on
persons or property to meet public needs.
But, notice, taxes are sometimes imposed for
other purposes.
 Recall the power to tax is not unlimited.
Congress cannot lay a tax on Church services.
Such a tax would violate the 1st Amendment.
 The
Constitution places four explicit
limitations on the taxing power.


First, Congress may tax only for public purposes,
not for private benefit.
Second, Congress may not tax exports.


Third, Direct taxes must be apportioned among
the States, according to their populations.
All indirect taxes must be levied at the same rate
in all parts of the country
 Direct
tax -is one that must be paid by the
person on whom it is imposed
 Indirect tax-tax paid by one person then
passed on to another (cigarettes, petroleum,
alcohol, anything else we cant live without)
 Congress
has the power to “borrow money on
the credit of the United States.” There is no
constitutional limit on the amount that
congress can borrow.
 The Federal Government regularly practices
deficit financing. That is, it spends more
than it takes in each year, and it borrows to
make up the difference.
 The
commerce power is the power of
Congress to regulate interstate and foreign
trade. It is as vital to the welfare of the
nation as the taxing power.