Chapter 5 The Constitution September 26th 2014 Part 5 2 The Commerce Taxing and Spending Clauses Learning Objectives Explore how the Constitution grants the power to regulate commerce to the federal government Understand how the meaning of the Commerce Clause has expanded greatly Learn about state police powers and the limitations on those powers Learn about the power given to Congress to tax and spend money The Congress Members of the Constitution Convention were divided about how powerful the new central government should be To avoid the rise of tyrannical government the Constitution grants certain powers to Congress reserving all other powers to the states o Powers are listed in Article I Section 8 Article I Section 8 provides in pertinent part To borrow money on the credit of the United States To regulate commerce with foreign nations and among the several states and with the Indian tribes To establish a uniform rule of naturalization and uniform laws on the subject of bankruptcies throughout the Untied States To coin money regulate the value thereof and of foreign coin and fix the standard of weights and measures To promote the progress of science and useful arts by securing for limited times to authors and inventors the exclusive right to their respective writings and discoveries To constitute tribunals inferior to the Supreme Court To declare war grant letters of marque and reprisal and make rules concerning captures on land and water To make all laws which shall be necessary and proper for carrying into execution the foregoing powers Power of the Congress Article I Section 8 Establish a uniform law on bankruptcy and naturalization Borrow money Lay and collect taxes Regulate commerce Make money and establish its value Punish the counterfeiting of U S money Establish a uniform system of weights and measures Establish post offices and post roads Protect intellectual property in copyrights and patents Powers of the Congress Commerce Clause Power granted to Congress to regulate foreign and domestic commerce o To regulate commerce with foreign nations and among the several states and with the Indian tribes Naturalization Process and procedure to become a citizen Congress has adjudicative powers to o Create lower courts under the Supreme Court o Define crimes committed on the high seas and against the law of nations Congress is given o Fiscal responsibility over the armed forces and navy o Power to provide oversight to the militia The Commerce Taxing and Spending Clauses Constitution limits the federal government s powers to those enumerated in Article I Section 8 Police Power General power of states to regulate for the health safety and general welfare of the public o Varies according to the state in terms of kinds and types of legislation o Exercise is permissible as long as it does not violate the federal Constitution Dormant Commerce Clause Concept that restrict states from placing an undue burden on interstate commerce o State law that discriminates against out of state commerce or places an undue burden on interstate commerce violates the dormant commerce clause Undue Burden Constitutional test created by the Supreme Court to determine a law s validity o The dormant Commerce Clause is a legal doctrine that courts in the United States have inferred from the Commerce Clause The Commerce Clause expressly grants Congress the power to regulate commerce among the several states The idea behind the dormant Commerce Clause is that this grant of power implies a restriction prohibiting a state from passing legislation that improperly burdens or discriminates against interstate commerce Two Prong Test The Commerce Taxing and Spending Clause Powers placed with Congress by the Constitution o Taxing Power Granted to Congress to raise revenue through taxation o Power to spend the taxes it collects States are permitted to tax if the activity taxed has a nexus to the state o Nexus Sufficient connection to justify state taxation Congress has the power to pay the debts and provide for the common defense and general welfare o Spending Power Congress s power to spend public revenue to meet broad public objectives
View Full Document
Unlocking...