The Legislative Branch: Powers of Congress Chapter 11 American Government Ms. Powers

The Legislative Branch: Powers of Congress Section I: The Expressed Powers of Money & Commerce

The Delegated Powers Congress has only those powers delegated (given) to it by the Constitution There is much that Congress can NOT do (Ex: create national schools, require people to vote or go to church, or set drivers licenses ages) However Congress does have a number of powers granted to it… 1.Expressed Powers 2.Implied Powers 3.Inherent Powers

The Expressed Powers Expressly written in the Constitution… There are 27 expressed powers (Article ! Section 8) These powers are brief in nature This means that the meaning of these powers are found… In the ways in which Congress has actually used its powers since 1789 In Supreme Court Case Rulings

The Commerce Power Commerce Power: The power of Congress to regulate interstate & foreign trade Prompted the open-market system we have today More responsible for the building of a strong and United States out of the weak confederation than ANY other provision in the Constitution Gibbons v. Ogden (1824): Initiated the courts “sweeping” definition of Commerce Definition of what commerce is is extremely broad

Limits on the Commerce Power Four Limits on on the Commerce Power: The Constitution states that Congress… 1.Cannot tax exports 2.Cannot favor the ports of one State over another (in trade regulation) 3.Cannot require that vessels bound to one state be obliged to enter, clear, or pay duties in another 4.Could not interfere with the slave trade until the year 1808

The Power to Tax The Constitution gives Congress… “the power to lay & collect taxes, duties, imposts, and excise, to pay the debts and provide for the common defense & general Welfare of the United States…” Why Tax? The Federal Government takes in over $2.1 Trillion dollars per year 95% of that comes from taxes levied by Congress What is a tax: A charge levied by government on persons or property to raise money to meet public needs Taxes are also raised to protect the public health, safety, & domestic industry

Limitations on Taxes Four Limits on Congressional Taxes: 1.Congress may tax for public purposes, not for private benefit 2.Congress may NOT tax exports 3.Direct taxes must be apportioned among the States according to their populations 4.All indirect taxes levied by the Federal Government must be levied at the same rate in every part of the country

The Borrowing Power Congress has the power to “borrow Money on the credit of the United States” NO LIMIT on the amount of money Congress can borrow Public Debt: All of the money borrowed by the Federal Government over the years and not yet repaid, plus interest. Can you guess the public debt? $16 TRILLION DOLLARS

Deficit Financing For years the Federal Government has practiced… Deficit Financing: Spending more than it takes in each year and then borrowing money to make up the difference John Green: The National Debt Great Depression 1930’s WWII President Bill Clinton & the Republican led Congress of those years did do a lot to curb the debt = Budget SURPLUSES Since 2002 = Deficit Clinton's Presidency

The Currency Power Congress has the power “to coin Money & regulate the Value thereof” The States are expressly denied this power Why would the Constitution give the power to coin money to Congress? The Framers agreed on the need for a single, national system of “hard money” This applies to all the States

The Legislative Branch: Powers of Congress Section II: The Other Expressed Powers of Congress

The War Powers Congress & the President share the War Powers but….. Only CONGRESS can declare war Congress has the power to raise & support armies, to provide & maintain a navy, & to make rules for the governing of the nation’s military forces

War Powers & the President Despite the fact that only Congress can declare war, several of our President’s have use the armed forces abroad in combat without congressional declaration of war War Powers Resolution: (1973) Designed to LIMIT the President’s war-making powers Nixon & Johnson’s actions during the Vietnam War prompted this resolution Nixon's Secret Bombings in Cambodia Resolution: President can only send military abroad if… 1.Congress has declared war 2.Congress has specifically authorized a military action 3.When an attack on the United States has occurred

Domestic Powers Domestic Powers of Congress Include: Copyrights & patents The Postal Powers Territories/Eminent Domain Weights & measures Naturalization Judicial Powers

Eminent Domain Eminent Domain: The power of the Federal Government to take private property for public use Rules: 1.Property must be used for public reasons 2.Proper notice given to owner 3.For a fair price

The Legislative Branch: Powers of Congress Section III: The Implied Powers

The Necessary & Proper Clause States that: Congress may make all laws that are necessary & proper in order to carry out the Expressed powers This allows Congress to choose the means for carrying into execution its expressed powers The Elastic Clause Historically the MEANING of the Elastic Clause was a subject of controversy & disputes… What implied powers under the elastic clause SHOULD Congress have??? What does the elastic clause really mean 2 Approaches: 1.Strict Constructionist 2.Liberal Constructionist

Strict vs. Liberal Construction Strict Constructionists: (Anti-federalist position & Thomas Jefferson) Insisted that Congress should be able to exercise… 1.Its expressed powers 2.ONLY those implied powers absolutely necessary to carry out those expressed powers States SHOULD keep as much power as possible Liberal Constructionists: (Federalist position & Alexander Hamilton) Favored a liberal interpretation of the Constitution 1.Broad implied powers should be given to Congress 2.“An energetic government” Liberal Construction has led to a LARGE National Government

The Necessary & Proper Clause in Practice The Necessary & Proper Clause has virtually eliminated the need for Constitutional Amendments Today “necessary & proper” really means “convenient & useful” Over the years, Congress has MOST often found a basis for the exercise of implied powers in… 1.The Commerce Power 2.Power to tax & spend 3.The War Powers

The Commerce Clause Gives Congress the power to… regulate both foreign & interstate trade The application of the Necessary & Proper Clause to the Commerce Power has changed the very definition of the word commerce as it applies to Congressional Powers Commerce: Today can be defined as “Virtually EVERY form of economic activity” (Production, distribution, & consumption)

The Legislative Branch: Powers of Congress Section IV: The Non-legislative Powers

Constitutional Amendments Remember… Congress may propose amendments by a two-thirds vote in each house All 27 Amendments have been proposed this way

Electoral Duties IF no candidate receives a majority vote from the electoral college the HOUSE chooses the President Magic number = 270 Congress fixes the…. Presidential Line of Succession: President  Vice President  Speaker of the House  President pro tempore

Impeachment Constitution states that… “The President, VP, & all civil officers of the United States may be removed from Office on Impeachment for, and Conviction of, Treason, Bribery, or other high Crimes & Misdemeanors” The HOUSE has the sole power to Impeach: Bring charges against the official The SENATE has the sole power to try: or judge the official Clinton's Impeachment

Presidential Impeachments 1.Andrew Johnson (turmoil following Civil war) – Unsuccessful, short by ONE vote 2.Richard Nixon (Watergate scandal) – Resigned prior to certain impeachment 3.Bill Clinton (Innappropriate relationship) – Accused of perjury (lying under oath) – Accused of obstruction of justice – Was NOT impeached – Censure: a formal condemnation of behavior

Executive Powers The Constitution gives Congress Two Executive Powers 1.Senate must confirm major Presidential appointments 2.Approve treaties by 2/3 of Senate Republicans Preventing Scalia Replacement Timeline of SCOTUS Appointments