Changes

'''V.  Congressional Powers'''

'''V.  Congressional Powers'''

Now we turn to Congress, beginning with the powers that the Constitution gives it.

Now we turn to [[Congress]], beginning with the powers that the [[Constitution]] gives it.

Taxing Power: Congress can tax either to raise revenue or to regulate an activity.  Some taxes are designed to discourage sales, such as taxes on gasoline and cigarettes.  Neither Congress nor the states can tax exports.

[[Tax]]ing Power: [[Congress]] can [[tax]] either to raise revenue or to regulate an activity.  Some [[tax]]es are designed to discourage sales, such as taxes on [[gasoline]] and [[cigarette]]s.  Neither [[Congress]] nor the [[state]]s can [[tax]] exports.

Spending Power: Congress can spend money on any public purpose.  Virtually any spending can be considered “for the common defense and general welfare.”  However, Congress may not regulate the general welfare independent of spending.

Spending Power: [[Congress]] can spend money on any public purpose.  Virtually any spending can be considered “for the common defense and general welfare.”  However, [[Congress]] may not regulate the general welfare independent of spending.

Commerce Power: Congress has exclusive power to regulate all interstate and foreign commerce.  Congress may regulate any activity that has an effect on interstate commerce.

[[Commerce]] Power: [[Congress]] has exclusive power to regulate all interstate and foreign [[commerce]].  [[Congress]] may regulate any activity that has an effect on interstate [[commerce]].

War Powers: Congress alone declares war and establishes and supports the military.  Congress may also make rules for military courts, over which federal courts have no general authority.  Congress can impose economic regulations (e.g., controls on wages and prices of goods) during wartime.

[[War]] Powers: [[Congress]] alone declares [[war]] and establishes and supports the [[military]].  [[Congress]] may also make rules for [[military]] courts, over which federal courts have no general authority.  Congress can impose economic regulations (e.g., controls on wages and prices of goods) during wartime.

Property Power: Congress has exclusive power over all federal lands and property, of which there is a great deal.  Congress also runs the District of Columbia, which is not in any state.

Property Power: [[Congress]] has exclusive power over all federal lands and property, of which there is a great deal.  [[Congress]] also runs the [[District of Columbia]], which is not in any state.

Intellectual Property Power: Congress sets the laws for patents, copyrights and trademarks, which are called “intellectual property” because they are abstract products of intelligence rather than physical property.

Intellectual Property Power: [[Congress]] sets the laws for [[patent]]s, [[copyright]]s and [[trademark]]s, which are called “[[intellectual property]]” because they are abstract products of intelligence rather than physical property.

Bankruptcy Power: Congress establishes uniform bankruptcy laws for the nation.

Bankruptcy Power: [[Congress]] establishes uniform [[bankrupt]]cy laws for the [[nation]].

Postal Power: Congress establishes and runs the U.S. Post Office.  No competition is allowed unless Congress agrees to it (as it did for expensive overnight services like Federal Express)

Postal Power: [[Congress]] establishes and runs the [[U.S. Post Office]].  No competition is allowed unless [[Congress]] agrees to it (as it did for expensive overnight services like [[Federal Express]])

Citizenship Power: Congress can exclude aliens and determine the procedures for people to become citizens.

Money Power: [[Congress]] coins [[money]] and also sets standards for [[weight]]s and measures.

Admiralty Power: Congress sets the laws for the seas.

[[Citizen]]ship Power: [[Congress]] can exclude [[alien]]s and determine the procedures for people to become [[citizen]]s.

What’s left?  Congress can also expand its authority under these powers with the “Necessary and Proper Clause,” also known as the “Elastic Clause.”  Congress can make any law that is proper for executing any power granted to any part of government, not just Congress.  But there must be an underlying, specific grant of power in addition to the Necessary and Proper Clause.  For example, Congress could not pass laws establishing local police departments because there is no grant of power to the federal government in that area.

 

What’s left?  [[Congress]] can also expand its authority under these powers with the “[[Necessary and Proper Clause]],” also known as the “[[Elastic Clause]].”  [[Congress]] can make any law that is proper for executing any power granted to any part of government, not just [[Congress]].  But there must be an underlying, specific grant of power in addition to the [[Necessary and Proper Clause]].  For example, [[Congress]] could not pass laws establishing local police departments because there is no grant of power to the federal [[government]] in that area.

'''VI.  How Laws are Made'''

'''VI.  How Laws are Made'''