In the constitution the powers that are expressed directly to the government are known as
|
The legislative powers of the United States Congress are explicitly stated in the Constitution. Article I Section I states “All legislative Powers herein granted shall be vested in a Congress of the United States, which shall consist of a Senate and House of Representatives”. The enumerated powers of Congress are laid in out in Section 8 of the Article I. The eighteen enumerated powers are explicitly stated in Article I, Section 8. Article I, Section 8, Clause 18 is known as the Necessary and Proper Clause which gives Congress the authority to create any laws that are necessary and proper to carry out the enumerated powers of the Constitution. The Necessary and Proper clause has been up for interpretation since the writing of the Constitution. A Supreme Court case that challenged the clause was McCollough v. Maryland (1819). The court ruled that the Necessary and
Proper clause gave Congress the implied power to create a second national bank in Maryland and the state could not tax the bank. Another Congressional power that was explicitly stated in the Constitution was the impeachment powers in Article I, Section 2 and 3. Congress has the authority to impeach a sitting President in office. The impeachment process is as such, the House of Representatives brings articles of impeachment against the official and then the Senate is responsible for the
impeachment trial. In order to impeach a sitting President, the Senate must vote two-thirds. Article III, Section 3 gives Congress the authority to decide on the punishment of treason. The Founding Fathers explicitly stated the powers of Congress in the Constitution in order to solidify that the power of the government comes from the people. The Constitution is a protected document that has been interpreted since its writing. The powers of Congress were laid out in order to establish our
government for the people, by the people. Earn your online bachelor’s degree from a regionally accredited university that has been an online education leader for more than 15 years. Complete the form to learn more about how you can earn your bachelor’s in political science and pick up in-demand emphasis areas and certificates along the way, giving yourself a competitive edge in the job market. Contact us today to
get started. References The Constitution of the United States: A Transcription. (2018, December 18). Retrieved February 27, 2019, from https://www.archives.gov/founding-docs/constitution-transcript By: Angie Kirby, EKU Graduate Assistant Standard 6.3: Enumerated and Implied PowersDistinguish among the enumerated and implied powers in the United States and the Massachusetts Constitution. (Massachusetts Curriculum Framework for History and Social Studies) [8.T6.3] FOCUS QUESTION: What is the Difference Between Enumerated and Implied Powers?This standard looks at the differences between enumerated and implied powers in the United States and Massachusetts Constitutions.
Modules for this Standard Include:
1. INVESTIGATE: The Enumerated and Implied Powers of the U.S. ConstitutionThe enumerated powers are listed in Article 1 Section 8 of the U.S. Constitution. Among the 18 direct powers given to Congress are the power to levy and collect taxes, borrow money, regulate commerce, coin money declare war, and support an army and navy (for a full list, see Key Constitutional Grants to Powers to Congress). The 18th power gives the federal government the ability to create and enact laws that are “necessary and proper” for its use of the other 17 powers. The Necessary and Proper clause (sometimes called the “Elastic Clause”) gives Congress implied powers; that is powers not named in the Constitution, but necessary for governing the country. Historically, the way Congress has used its implied powers has led to important developments in law and society. Garrett Epps (2011, para. 13,) a contributing writer at The Atlantic, uses the example of U.S. Armed Forces to summarize how enumerated and implied powers of the government function. Congress has the explicit power "to raise and support" armies and it has an implied power to designate an American flag for those forces to use. If it did not do so, soldiers would have 50 different flags for 50 different states, an impossible situation. In this case, the expressed powers of the federal government include the implied powers needed to carry them out. You can find more information about the necessary and proper clause in Topic 5.1 of this book. Suggested Learning Activity
Online Resources for Enumerated and Implied Powers
2. UNCOVER: Federal Minimum Wage Laws, Young Workers and the Implied Powers of CongressMinimum wage laws are an example of both Congress and state governments using their implied powers to enact change in society. “Minimum wage laws establish a base level of pay that employers are required to pay certain covered employees” (Legal Information Institute, Cornell University). In 2019, the federal minimum wage was set at $7.25 per hour. That same year, 29 states and the District of Columbia had higher wage rates; seven states had moved to $15 an hour. The minimum wage rate in Massachusetts was raised to $12 per hour, effective January 1, 2019. For much of United States history, however, there was no such thing as a minimum wage or a minimum wage law. Massachusetts passed the nation’s first minimum wage law in 1912, followed by Oregon in 1914. But a 1923 Supreme Court decision struck down the District of Columbia’s minimum wage law as unconstitutional under the Fifth Amendment. Over time, public attitudes changed and so did the opinion of the Supreme Court when they declared a state minimum wage law constitutional in 1937 (West Coast Hotel v. Parrish). Following that decision, President Franklin Roosevelt proposed, and Congress passed, the Fair Labor Standards Act of 1938, setting the minimum wage at $0.25 an hour ($1.00 in 1938 is worth $17.45 in 2019 dollars). Rules and Rights for Young WorkersTeens and pre-teens are often unaware of their rights as young workers. The Fair Labor Standards Act (1938) also set the maximum work week at 44 hours, banned child labor and established rules about the minimum age for young workers (also known as underage workers). Presently, 14 years-old is the minimum age for employment outside of agricultural settings. Youngsters under 16 years-old also have limits on the number of hours they can work each week. The U.S. Department of Labor has ruled that youth at any age can be employed to "deliver newspapers; perform in radio, television, movie, or theatrical productions; work in businesses owned by their parents . . . perform babysitting, or perform minor chores around a private home" (Fair Labor Standards Act Advisor). Some states offer greater protections for young workers than others and in those places, the greater protections offered by the state apply to all youngsters. Child FarmworkersThe plight of child farmworkers in the United States is a serious "hidden problem" (In Our Backyard: The Hidden Problem of Child Farmworkers in America). Children working in agriculture are not covered by the Fair Labor Standards Act. Children as young as 12 can be hired to perform farm labor (Center for Public Integrity, 2020). It has been estimated that there are some 500,000 child farmworkers in the United States, some as young as 8 years-old and some working more than 10 hours a day (Child Labor in the United States, American Federation of Teachers). The number is contested and some groups believe there could be more than one million children working on farms, many of whom are immigrants whose parents are undocumented. Media Literacy Connections: Military Recruitment and the MediaGetting soldiers to serve in the nation’s military offers an example of the complex dynamics surrounding the government’s enumerated and implied powers. The Constitution gives the federal government the enumerated power to raise armies and a navy. Article I states Congress has the power “to provide for the common Defense and general Welfare of the United States.” But, establishing a draft (mandatory enrollment in the armed forces) is an implied power that was used at different times in U.S. history from the Civil War to 1973. The U.S. military has been an all-volunteer force since that time with now more than 1.3 million active troops in six armed services: Army, Navy, Air Force, Marine Corps, Coast Guard, and Space Force. There are multiple debates surrounding what Congress should do with its implied powers regarding military service. Should the demographic composition of the military more closely resemble society as a whole? Should military service be mandatory for all young people, as it is in many countries around the world? Is excluding women from the draft unconstitutional? Should Congress use its implied powers to institute mandatory military/national service instead of an all-volunteer armed forces? In this activity, you will investigate how the military uses the media to recruit individuals into the armed services as a backdrop to whether the U.S. should continue to have all-volunteer forces.
Suggested Learning ActivitiesDebate (in-class or on Flipgrid)
Express Your Ideas about the Minimum Wage
Design a Social Media Campaign for the Protection of Child Farmworkers
Additional Resources: The Children's Act for Responsible Employment (CARE) Act 3. Engage: Should the Nation Adopt a Living Wage Rather Than a Minimum Wage?A Living Wage is the minimum income needed for an individual or a family to meet their basic needs for food, shelter, clothing, health care, and other needs (What is a Living Wage? from Global Living Wage Coalition). A living wage is based on the reality that most people cannot live adequately earning a minimum wage.  A Living Wage Calculatorfrom Massachusetts Institute of Technology demonstrates the gap that exists between minimum wage and a living wage. In 2019, a single adult with one child earning $11 an hour minimum wage actually needs to earn $29.66 an hour to support their family. Suggested Learning Activities
Online Resources for Minimum and Living Wage Laws
Standard 6.3 ConclusionThe United States and Massachusetts constitutions have both enumerated (directly stated) and implied (assumed to exist) powers. INVESTIGATE outlined what those enumerated and implied powers are in the federal constitution. UNCOVER looked at the history of minimum wage laws as an example of the implied powers of the federal government. ENGAGE asked whether our country should adopt a living wage rather than a minimum wage as people's living standard. What are powers directly written in the Constitution called?Enumerated powers, sometimes called expressed powers, are given directly by the Constitution. Examples of these powers include the power to declare war, regulate foreign and interstate commerce, conduct foreign relations, coin money, and raise and maintain a military (Article 1, Section 8).
What are the powers of the government called?To ensure a separation of powers, the U.S. Federal Government is made up of three branches: legislative, executive and judicial.
What are enumerated and implied powers?Enumerated powers are those expressly granted to Congress by the Constitution. Implied powers enable the federal government to carry out tasks outlined by the enumerated powers.
Which is a concurrent power?Concurrent powers refers to powers which are shared by both the federal government and state governments. This includes the power to tax, build roads, and create lower courts.
|
