The Expressed Powers of Congress

Today's Schedule Personal Introduction Lecture Debate

Types of Powers Expressed- Powers explicitly given to congress in the Constitution. Implied- Powers that can be reasonably deduced from the expressed powers. Inherent- Powers given to congress by the United States being a sovereign nation.

Taxes "'In this world nothing can be said to be certain, except death and taxes.“ –Benjamin Franklin Tax- A charge levied by the government on persons or property to raise money to meet public needs. Power given to congress in Article I, Section 8, Clause 3 of the Constitution The three largest areas taxes benefit: Social Security, National Defense, Health and Human Services

Types of Taxes Direct tax- A tax paid directly to the government by a person (Income tax, land tax). Indirect tax- A tax paid indirectly to the government. (Sales tax)

Limits No taxing church services. (why?) No poll tax (why?) Can only tax for public purposes, not private reasons Cannot tax exports Taxes must be apportioned among the states according to their population All federal taxes have to be uniform for all states and territories Why would it be in the government interest not to “overtax”?

Borrowing Power Congress can borrow money in order to pay off debts. The federal deficit is the money the government borrowed Total public debt as of 2/26/10: 7,936,671,001,094.13 Deficit Financing- Spending more money than the government makes in a year.

Commerce Power The power to regulate interstate and foreign trade. Essentially makes it easier to trade between the states and imposes on tariffs on foreign goods in order to protect domestic business owners

Limits on Commerce Power Cannot tax exports Cannot favor one port over another Cannot require “Vessels bound to, or from, one state, be obliged to enter, clear or pay duties (tariffs) in another”

Currency Power Essentially the power to make money Gives power the power to enforce one legal currency Before congress was granted this power each state had its own currency Legal tender- any kind of money that a creditor must accept in payment of debts.

Bankruptcy Power A legal proceeding in which the bankrupt’s assets are distributed among those to whom a debt is owed Technically this power is shared between the Federal government and the states. Most bankruptcy hearings occur in Federal courts.

War

War Continued Congress shares power with the President Only Congress can declare war Has the power to raise and support an army and navy Has the power to “call forth the Militia” (national guard) Last time congress declared war: October 2002- Iraq War. House (297ayes, 133 nays, 3 no votes) Senate (77 ayes,23 nays)

Other Powers Naturalization- The process of becoming citizens of the United States (Why is this relevant today?) Postal Power- Can create post offices and postal routes (including train and waterways)

Copyrights and Patents Copyright- The exclusive right of an author to reproduce, publish, and sell his or her creative work. Patent- Grants a person the sole right to manufacture, use, or sell “any new and useful art, machine, manufacture, or composition of matter…”

Others continued Weights and Measures- Gives congress the power to set uniform measurements in time, distance, area, weight, and volume. Power over territories and other areas- Power to acquire land and other areas for federal purposes (eminent domain).

Take a Stand Agree or disagree with this statement: Taxation is the most important expressed power given to congress.