Powers of Congress Chapter 11

Congressional Power Expressed Powers ▫Powers of Congress spelled out in Constitution Implied Powers ▫Powers that are suggested by the expressed powers ▫Powers that are “necessary and proper” to carry out the expressed powers Inherent Powers ▫Powers the Constitution is presumed to have delegated to the National Government because it is the government of a sovereign state

Expressed Powers: Power to Tax What is a tax? ▫A charge levied by Congress on persons or property to raise money to meet public needs Can also implement protective tariffs ▫To protect domestic industry against foreign competition by increasing the cost of foreign goods Limits on the taxing power ▫May tax only for public purposes ▫Exports cannot be taxed ▫Indirect taxes must be uniform throughout the country

Expressed Powers: Power to Borrow Power to borrow money on credit ▫No limit on how much the government can borrow or for what purpose ▫Public debt – all of the money borrowed by the Federal Government that has not been repaid plus interest on that money Government practices deficit financing ▫It spends more than it takes in

Expressed Powers: Commerce Power What is the commerce power? ▫Power of Congress to regulate interstate and foreign trade Gibbons v. Ogden (1824) ▫Prohibited steamboat monopolies ▫Later broadened and used as a basis of the Civil Rights Act of 1964  Prohibits discrimination in access to or service in hotels, theaters, restaurants, and other public accommodations based on race, color, religion, or national origin

Expressed Powers: Currency Power Power to coin money and regulate its value ▫Chartered first Bank of the United States in 1791 ▫National paper currency in 1863 Legal tender – any kind of money that a creditor must, by law, accept in payment for debts

The Implied Powers

Impeachment The House of Representatives has the sole power to impeach ▫Impeach – to accuse, bring charges against ▫Majority vote required to impeach The Senate has the sole power to try, or sit as a court, in impeachment cases ▫Conviction requires a 2/3 vote To date, there have been 17 impeachments and 7 convictions ▫All removed were federal judges

Impeachment Two presidents have been impeached by the House ▫Both Andrew Johnson and Bill Clinton were acquitted, or found not guilty, by the Senate Andrew Johnson (1868) ▫Takes office when Lincoln is assassinated ▫Removes officers, violating Tenure of Office Act Bill Clinton (1998) ▫Technically tried for perjury (lying under oath) and obstruction of justice

Impeachment Richard Nixon ▫Resigns in 1974 in face of impeachment ▫Watergate scandal  Attempt by Republican operatives to break into the Democratic Party’s national headquarters  Long list of illegal acts were discovered  Bribery, perjury, income tax fraud, illegal campaign contributions  Use of FBI and IRS for personal purposes  Nixon charged with obstruction of justice, abuse of power, and failure to respond to subpoenas for tape recordings of Watergate-related conversations