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Congressional Math and the Commerce Clause

Congressional Math and the Commerce Clause. 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.

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Congressional Math and the Commerce Clause

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  1. Congressional Math and the Commerce Clause Libertyville High School

  2. 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)!!!

  3. 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

  4. 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?!?!

  5. 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” Which line segment is interstate? Which line segment is intrastate? Which could Congress regulate? Who regulated the other kind of commerce? A B C

  6. 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

  7. Commerce Clause So . . . What can Congress regulate with the Commerce Clause? Everything EXCEPT guns near schools and violence against women!

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