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?

*Declare and Engage in

War

* Print and Coin Money

*Regulate Interstate and

Foreign Commerce

* 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

“Enumerated” or

“Expressed” Powers

Article I

Section 8

Commerce: The Buying

and Selling of Goods

“Commerce”

“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 (pretty much EVERYTHING)

“Commerce”

Actions

1970

“Commerce”

“Enumerated

Powers”

VERY

Broad

Interpretation

Emission Standards

Cut Pollution

Civil Rights Act of 1964“Commerce Clause”

1964

Last

“The Necessary and Proper Clause”

Article I, Section 8, Last Clause

The Necessary and Proper Clause (“The Elastic Clause”)-Clause or power in Article I Section 8 that allows Congress to

stretch their expressed powers and adapt to the times

(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

“Enumerate”

Enumerated

Powers

“Obamacare”

Enumerated

Power2010

For the sake of argument

Unconstitutional

“Too Far!!”

Expressed

Powers_____

Power

Necessary and Proper

Clause

“Elastic Clause”

“Too Far!!”What do we

call these

kinds of

“powers”?

“Enumerated”

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 (come from the N & P Clause)

“…Raise and

support an Army”

“…Provide for the

Common Defense”

The Patriot Act?!?

“…Raise and

support a

Navy”

Air-Force?!?

Implied? Implied?Enumerated Enumerated

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 uses the commerce clause to desegregate restaurants and motels throughout the U.S.

D. A governor issues an executive order requiring all state employees submit to drug testing

http://www.youtube.com/watch?v=EsudHmV-B_Y&safe=active