The legislative branch Part Two: The Powers of Congress at Work

Powers Delegated by the constitution Congressional power is limited by what the constitution grants Expressed Powers: explicitly stated in the text of the constitution Inherent Powers: powers that are granted to all sovereign nations (power to control boarders) Implied Powers: Those powers derived via the carrying- out of the expressed powers Congress sets minimum wage (power to regulate commerce)

Commerce power The power of Congress to regulate interstate and foreign trade First challenge came in the Supreme Court case Gibbons V. Ogden 1824 Limits to Commerce Powers: Cannot tax exports Cannot favor one port over another Cannot require duties in interstate commerce transportation

The money powers Power to tax Power to borrow Taxes must fall within the limits of the constitution As in no taxation on citizens attending church Power to borrow Power to set legislation regarding bankruptcy Power to coin money

Specific Limits to taxation Tax only for public purposes, not private gain “to pay debts and provide for common defense and general welfare” Cannot tax exports (why not?) Direct taxes (income tax) have to be equal by state

The borrowing power There are no limits on how much money the US can borrow However, Congress has stipulated a debt ceiling This is done through the bond market (we will get to this later) The federal budget has run in a deficit (spending more than we make) for a majority of the years 1930-present. Clinton 1998-2002 (budget surpluses)

Other Powers of Congress Copyrights and Patents Copyrights assigned by the Library of Congress (Copyright Office) Creative work Patent assigned from the Patent and Trademark Office Process, machine, or manufactured item Postal Powers Power to build post offices and the means to deliver

Other Powers of Congress Acquisition of territories and eminent domain Weights and Measurements Naturalization regulation and rules Power to create new courts below the Supreme Court Power to define a federal crime and its punishments

War Powers Declare War Raise and support armies Governing of the military Calling of the militia (National Guard) War Powers Resolution 1973 Due to the actions of Nixon and Johnson in the undeclared Vietnam War The President can take military action if: Congress declares war Congress authorizes action An attack on the US has occurred Can commit forces and report to Congress within 48 hours and the action cannot last more than 60 days

Implied powers Those powers not explicitly stated in the Constitution Necessary and Proper Clause (Art. 1 Sect. 8) To make all laws which shall be necessary and proper into Executing all powers vested…. The Commerce Clause (Art. 1 Section 8) The power to regulate foreign and interstate trade This has been used across the broad spectrum when using the definition of “Commerce” Gibbons v Ogden 1824, States gave up the right to regulate interstate commerce to the Federal government

Power to investigate The right to investigate and inform on any subject related to matters related to its power These investigations are usually: Gathering info for legislation Oversight into agencies of the Executive Focusing of public opinion on a subject (usually findings issued as “resolutions” of the house/senate) Investigations into the actions of public/private/group activities

Powers checking the executive All major presidential appointments are approved by the Senate Ratification and/or amending of foreign treaties The power to investigate and remove an official from office House investigates and brings charges (Impeachment) Majority vote The Senate tries and carries out removal 2/3 vote