Libertyville High School
Congressional Powers
 Express powers of Congress
are found in Article I,
Section 8
 So . . . How do these
powers work?
 Like a vacuum cleaner (and
its attachments)!!!
Congressional Math
 The express powers, Cl. 1-17, are
like a vacuum cleaner
 Ex: Cl 1 gives Congress the
power to “Lay and collect taxes”
 Like a vacuum cleaner, it is very
powerful, but also very limited
 Cl 18 = necessary and proper
clause; it’s special!
 By itself, it does nothing
 When linked to an express
power, it expands Congress’
authority to do whatever is
necessary and proper
 It is your vacuum extension!
Express power
Necessary & proper
Clause
Congressional Math
Lets practice!!!
 What is Cl 1?
 What is Cl. 18?
 What is Cl 1 + Cl. 18?
 What is Cl 5 + Cl 18?
 What is Cl 10 + Cl 18?
 What is Cl 3 + Cl 18?
• Lay and collect taxes
• Nothing!
• Internal Revenue Service
• New $20 bill; metric
system
• Coast Guard (Darrrr!
Scurvy dogs!)
• Civil Rights Laws!
Huh?!?!
Commerce Clause
Commerce Clause (Art. 1, Sect. 8, Cl. 3): “The
Congress shall have power . . . to regulate Commerce
with foreign Nations, and among the several States,
and with the Indian tribes.”
A brief history of Commerce Clause interpretation
1789 to 1930s: Commerce Clause only regulated trade “amongst the several states”
A
B
C
Which line segment
is interstate?
Which line segment
is intrastate?
Which could Congress
regulate?
Who regulated the
other kind of
commerce?
Commerce Clause
1930s to 1995: Commerce clause broadened to include
interstate commerce and ANYTHING affecting
interstate commerce
1995 to present: Limits on Commerce Clause
US v. Lopez (1995): Gun Free Zone Act
US v. Morrison (2000): Violence Against Women Act
Commerce Clause
So . . . What can Congress regulate with the
Commerce Clause?
Everything EXCEPT guns near schools and
violence against women!