Lecture on the Powers of Congress

Introduction

• Focus on Article 1, Section 8 of the U.S. Constitution
  • Lists powers such as declaring war and collecting taxes
• Article 1, Section 9 imposes limits
  • Cannot grant titles of nobility or suspend habeas corpus except in emergencies
• Important clauses:
  • Commerce Clause
  • Necessary and Proper Clause

Early Constitutional Debate: National Bank

• National Bank proposed by Alexander Hamilton
• Debate on constitutionality led to the landmark case McCullough v. Maryland

The National Bank Debate

• Hamilton (pro) vs. Jefferson (con) on the constitutionality
• President Washington sided with Hamilton
• By 1816, even President Madison supported the bank

McCullough v. Maryland (1819)

• Maryland attempted to tax the national bank
• Supreme Court under Chief Justice John Marshall ruled:
  • Broad interpretation of Congress's powers
  • Implied powers from the Necessary and Proper Clause
  • States cannot tax federal institutions (Supremacy Clause)

Commerce Clause Interpretations

• Key Questions:
  • Meaning of "commerce"
  • "Among the several states"
  • "To regulate"

19th to Early 20th Century

• Commerce interpreted narrowly
  • Focus on trade and navigation, excluding manufacturing

New Deal Era (1930s)

• Supreme Court initially struck down New Deal laws
• FDR's court-packing plan failed
• Court changed stance, broadened interpretation of "commerce"

Wickard v. Filburn (1942)

• Court ruled Congress could regulate small-scale, non-commercial activities if they affected interstate commerce

Modern Interpretations and Limits

• Lopez v. United States (1995)
  • Limited Congress's power under the Commerce Clause
• United States v. Morrison (2000)
• Gonzales v. Raich (2005)
  • Congress could regulate non-economic local activity if part of broader regulation
• NFIB v. Sebelius (2012)
  • Individual mandate of ACA was beyond Congress's commerce power
  • Supported by taxing power instead

Ongoing Constitutional Debates

• Supreme Court's role and power dynamics
• Increase in striking down federal laws post-1995
• Debate focuses on:
  • Purpose of the Commerce Clause
  • Extent of congressional power
  • Balance between empowering and constraining Congress

Conclusion

• The discussion on congressional power remains central to constitutional law debates today
• Differences in opinion often stem from interpretations of the framers' intentions