Scope of Congressional Power

Congressional Power What are the powers of Congress called? Delegated powers What are the three types? expressed, implied, and inherent

Strict Constructionists Descended from the Anti-Federalist position Congress should only be able to exercise its expressed powers implied powers that were absolutely necessary Which level of government did the Anti-Federalists favor?

Liberal Constructionists Descended from the Federalist position Favored a liberal interpretation of the Constitution Wanted Congress to have broad powers Why did they want Congress to be powerful?

Expressed Powers Money and Commerce

Taxes What is a tax? What is the purpose of taxes? With a partner, make a list of what you believe are the government’s top 5 expenditures. Then make a list of what you think SHOULD be our top 5 expenditures.

Direct vs Indirect Taxes How do you distinguish between a direct tax and an indirect tax? A direct tax is paid by the person on whom it is imposed An indirect tax is applied to one entity and passed on to another

Limits on Taxing Power Only for public purposes Cannot tax exports Direct taxes must be apportioned among the states according to population Indirect taxes must be levied at the same rate throughout the country

Borrowing Power What do you think are the limits on Congress’ ability to borrow money? No constitutional limits Deficit financing or deficit spending Gov’t spends more than it takes in and borrows the difference National debt All money owed by the gov’t

Commerce Power Power to regulate interstate and foreign trade Gibbons v Ogden (1824) Why is the Commerce Power so significant?

Limits on Commerce Power Cannot tax exports Cannot favor ports of one State over another in regulation Cannot make vessels bound to one State enter, clear of pay duties in another Could not interfere in the slave trade until 1808

Currency Power Power to coin money and regulate the value of that money Legal tender

Bankruptcy Power Power to establish uniform bankruptcy laws throughout the U.S. What constitutes a bankrupt individual? What happens when someone goes through bankruptcy?

Other Expressed Powers

Foreign Relations Greater power than any other area (Shared with President) States: no foreign relation powers 2 sources of power Expressed powers: war powers, power to regulate foreign commerce Inherent powers: laws, security

War Powers 8 of the expressed powers Shared with President Only Congress can declare war Raise and maintain Army and Navy Rules Funding Includes calling forth, organizing, and training the “Militia”

War Powers Grant letters of Marque and Reprisal Authorizes privateers to capture other ships and bring them to admiralty court Rules concerning captures on land and water War Powers Resolution 1973 Limits use of troops areas not in a state of war

Naturalization Article I, Sec 8 Congress can make rules regarding becoming a citizen

Postal Power Establish post offices Establish post roads Land and water routes used to deliver mail Postal Crimes- Federal Crime Obstruct delivery Commit fraud Any other crime – send illegal materials States can not tax or license postal vehicles

Copyrights and Patents “Promote the progress of science and useful arts” Copyright – exclusive right of an author to reproduce, publish and sell their work Part of the Library of Congress Patent – Sole right to manufacture, use or sell an invention or improvement Dept. of Commerce Good up to 20 yrs. May be extended by an act of Congress

Weights and Measures Need for accurate gauges of time, distance, area, weight, volume, etc. 1901 – National Bureau of Standards Commerce dept. Before this we used the metric system

Territories Acquire, manage and dispose of various federal areas Washington D.C. Puerto Rico, Guam, Virgin Islands Military, naval, arsenals, dockyards, post offices, prisons, parks

Territories Acquire through purchase or gift Eminent Domain – take private property for public use War powers Treaty

Judicial Powers Create federal courts inferior to the Supreme Court Set up structure Punishment for the following crimes Counterfeiting Piracies and felonies on high seas Offenses against the law of nations Treason

Implied Powers Necessary and 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”

Uses for the Clause National Bank Education Roads

Expressed and Implied Expressed Implied Power to tax Raise Armies and Navy Regulate Commerce Establish Post Office Punish tax evaders, fund welfare, schools etc. Institute a draft Establish minimum wage Prohibit mail fraud and obstruction

Non-Legislative Powers

Non-Legislative Powers Constitutional Amendments Electoral Duties Impeachment Executive Powers Investigatory Powers

Electoral Duties What happens if no Presidential candidate receives a majority of the electoral votes? The House votes with each State getting one vote What happens when there is a vacancy in the VP? President nominates a successor who must be approved by a majority vote in each house

Impeachment What offenses qualify for impeachment? Treason, bribery, other high crimes and misdemeanors What is the role of each house during an impeachment? House impeaches (simple majority vote), Senate convicts (2/3 vote)

Executive Powers Appointments Treaties Nominee considered in appropriate committee IF committee makes favorable recommendation, then taken to the floor Treaties

Investigatory Power Gather information Oversee operations of executive branch agencies Focus public attention on issue Expose questionable activities of public officials or private persons Promote particular interests