Chapter 11 Powers of Congress

Section One: Scope of Congressional Powers Expressed powers: specifically worded in Constitution Expressed powers: specifically worded in Constitution Implied powers: reasonably deduced from expressed powers Implied powers: reasonably deduced from expressed powers Inherent powers: presumed powers because it is the national government Inherent powers: presumed powers because it is the national government

Section Two: Expressed Powers Power to Tax Why? Why? Protective Tariff Protective Tariff Limits – must be within provisions of Constitution Limits – must be within provisions of Constitution –Tax only for public purposes, not private benefit –No tax on exports –Direct taxes must be apportioned among the states

Direct Tax Direct Tax –Income tax Indirect Tax Indirect Tax –Consumer tax

Borrowing Power Public Debt Public Debt Public Debt Public Debt Deficit Financing Deficit Financing –Balanced Budget Act of 1997 – budget surplus

--- "Budget Deficit" vs. "National Debt"--- Suppose you want to spend more money this month than your income. This situation is called a "budget deficit". So you borrow. The amount you borrowed (and now owe) is called your debt. You have to pay interest on your debt. If next month you don't have enough money to cover your spending (another deficit), you must borrow some more, and you'll still have to pay the interest on the loan. If you have a deficit every month, you keep borrowing and your debt grows. Soon the interest payment on your loan is bigger than any other item in your budget. Eventually, all you can do is pay the interest payment, and you don't have any money left over for anything else. This situation is known as bankruptcy. Each year since 1969, Congress has spent more money than its income. The Treasury Department has to borrow money to meet Congress's appropriations. The total borrowed is more than $9,000,000,000,000 and growing. Even when government officials claim to have a surplus, they still spend more than they get in. We pay interest on that huge debt.

Deficit again – why? Deficit again – why? –Sharp downturn in economy –Tax cuts –Economic stimulus –Global war on terrorism Commerce Power Regulate interstate and foreign trade Regulate interstate and foreign trade –Gibbons v. Ogden 1824 Limits Limits –Cannot tax exports –Cannot favor one state over another –Cannot require vessels traveling from one state to another to enter, clear or pay duties –Cannot interfere with slave trade until 1808

Currency Power “coin money and regulate value thereof” “coin money and regulate value thereof” Legal Tender Legal Tender Bankruptcy Power “establish uniform laws on the subject of bankruptcies throughout the U.S.” “establish uniform laws on the subject of bankruptcies throughout the U.S.”

Section Three: Other Expressed Powers Foreign Relations Powers Shared power with the President Shared power with the President –From various expressed powers (war, foreign commerce) –Because the U.S. is a sovereign nation

War Powers Declare war Declare war Raise and support armies Raise and support armies Provide and maintain navy Provide and maintain navy Make rules pertaining to governing of land and naval forces Make rules pertaining to governing of land and naval forces Call forth, organize, arm and discipline a militia Call forth, organize, arm and discipline a militia

War Powers Resolution of 1973 – power to restrict the use of American forces in combat in areas where a state of war does not exist War Powers Resolution of 1973 – power to restrict the use of American forces in combat in areas where a state of war does not existNaturalization Establish uniform law Establish uniform law

Postal Power Establish post offices and post roads Establish post offices and post roads Established crimes based on the postal power Established crimes based on the postal power –Federal crimes:  To obstruct the mail  Commit fraud through the mail  Use the mail to commit any other crime  Mail certain items: firecrackers, switchblade knives, chain letters, obscene letters

Copyrights & Patents Copyright Copyright –Right may be assigned to another –Good for life of author +70 years –Wide range of creative materials Patent Patent –Good for up to 20 years –May be extended only by special act of Congress

Weights & Measures “fix standard weights and measures throughout U.S.” “fix standard weights and measures throughout U.S.” –Need for accurate, uniform gauges of time, distance, area, weight, volume, etc Territories & Other Areas “acquire, manage, and dispose of various federal areas” “acquire, manage, and dispose of various federal areas” –District of Columbia, Puerto Rico, Guam, Virgin Islands, military and naval installations, arsenals, dockyards, post offices, prisons, parks and forest reserves, and other federal holdings

ASSIGNMENT: Find and summarize an article on Congress exercising two of the expressed powers we discussed in section 2 & 3. Be sure cite your source(s) and explain which expressed powers are in the article. This assignment MUST be in your OWN WORDS. ASSIGNMENT: Find and summarize an article on Congress exercising two of the expressed powers we discussed in section 2 & 3. Be sure cite your source(s) and explain which expressed powers are in the article. This assignment MUST be in your OWN WORDS.

Eminent Domain “Power to take private property for public use” “Power to take private property for public use” Judicial Powers “create all federal courts below Supreme Court” “create all federal courts below Supreme Court”

Section 4: Implied Powers Necessary & Proper Clause “to make all Laws which shall be necessary and proper for carrying into Execution the foregoing Powers and all other Powers vested by this Constitution in the Government of the U.S. or in any Department or officer thereof” “to make all Laws which shall be necessary and proper for carrying into Execution the foregoing Powers and all other Powers vested by this Constitution in the Government of the U.S. or in any Department or officer thereof” Often called the Elastic Clause Often called the Elastic Clause –Why?

N & P Clause interpreted by: N & P Clause interpreted by: –Liberal Constructionists:  Gives Congress the power to do anything that is reasonably related to the exercise of the expressed powers –Strict Constructionists:  Believe that government has only those powers expressly granted to it by the Constitution and those few other powers absolutely necessary to carrying out the expressed powers Doctrine, Appropriate Doctrine, Appropriate See chart on p. 308 See chart on p. 308

Section 5: Non-Legislative Powers Constitutional Amendments Constitutional Amendments –May propose amendment to the Constitution by a 2/3 vote in each house (33) –May call a national convention of delegates from each of the states to propose an amendment – only if requested by 2/3 of the states (never)

Electoral Duties Electoral Duties –Election of President - if no candidate receives a majority of electoral votes – House votes by state  Happened twice: Thomas Jefferson 1801, John Q. Adams 1825 –Vacancy in VP – President appoints, approved by majority vote in both houses  Happened twice: Gerald Ford 1973, Nelson Rockefeller 1974

Impeachment Impeachment –“removed from office on Impeachment for and Conviction of, Treason, Bribery, or other high Crimes and Misdemeanors” –House has the sole power to Impeach, Senate has the sole power to try impeachment cases –Impeachment requires a majority vote in House, conviction requires 2/3 vote in the Senate –17 impeachments, 7 convictions (all federal judges)

Presidential Impeachment: Presidential Impeachment: 1.Andrew Johnson Violated Tenure of Office Act passed by Congress (which he vetoed) Violated Tenure of Office Act passed by Congress (which he vetoed) 2.Bill Clinton Charged with perjury and obstruction of justice Charged with perjury and obstruction of justice 3.? Richard Nixon Watergate Scandal – charged with obstruction of justice, abuse of power and failure to respond to the Committee’s subpoenas - Nixon resigned Watergate Scandal – charged with obstruction of justice, abuse of power and failure to respond to the Committee’s subpoenas - Nixon resigned See chart on page 312 for both impeachment processes See chart on page 312 for both impeachment processes

Executive Powers Executive Powers –Appointments – Senate approves all Presidential appointments by majority vote  Hearings are held by appropriate committee to make official recommendation to whole Senate –Treaties – Senate approves all treaties by 2/3 vote

Investigatory Power Investigatory Power –Has power to investigate any matter that falls within the scope of its legislative powers  Common uses of power: gather information pertaining to making legislation, oversee operations in executive agencies, focus public attention on specific subject, expose questionable activities of public officials or private persons, and/or promote particular interests of Congressional members