Objective:
Warm-up:
While this example may seem like an obvious extension of Congress's power, other powers that Congress has assumed over the years are not so obvious extensions of powers specifically listed in the Constitution. The exercise titled "Necessary and Proper Clause" in Schoology gives you examples of possible implied powers of Congress. In the space provided, indicate an enumerated power from Article I, Section 8 of the Constitution that could justify Congress assuming that implied power. If you do not think there is justification in the Constitution for that power, write “no justification” in the space provided. Collaborate with your group to make these decisions.
Example: Congress gives licenses to broadcasters to play music on the radio.
Answer: Clause 3 may justify this activity. It gives Congress the power to regulate interstate commerce. Broadcasting is a business. Thus, it is commerce. Airwaves cross over state lines, so it involves interstate commerce
Classwork:
- What happened in this case?
- Who are the people/organizations/companies involved?
- How did the lower court rule on this case?
- Who is the petitioner? Who is the respondent?
- What is the legal question that has to be resolved?
3) You will have 20 minutes to prepare for your role. We will conduct our Mini-Moot Court tomorrow in class.
Exit Slip:
Judges - Regroup so that each table has members from both color groups. Share questions and prioritize the collection you have created.