Structure and Functions of Congress Chapter 5

Journal Write Explain the necessity of having structure and expressed functions within congress. (include advantages and disadvantages within your answer)

Powers and Responsibilities of Congress AZ KY NY CA ME NC CO MD ND DE MI OH FL PA GA MS SC HI MO SD ID NE TN IL NV UT IN NH VA IA NJ WV KS NM WY Congress has expressed, inherent, and implied powers which have been ______ over time. How are out of conduct congressional members handled? How are vacancies filled within the chambers?

Expressed Powers of Congress, Art.1, Sect. 8 Financing Powers ($$$$$$$) Uses power to “lay and collect taxes” by levying direct taxes and indirect taxes Has power to borrow money on behalf of the United States in case of deficit Defense-Related Powers Framers granted Congress power to declare war Congress retains power to raise army and navy and to provide for their funding, Establish military laws and organize the militia Commerce Power Has power to regulate interstate commerce under Constitution’s commerce clause Only Congress can pass laws affecting economic activity that takes place across state lines. Other Expressed Powers Deal with regulation of national economy (coinage, postal service, copyrights and patents, weights and measures) Include establishing bankruptcy law, naturalization process, courts, rules for citizens, punish counterfeits, exercise jurisdiction over D.C.

Impacts of Congressional Powers Gibbons v. Ogden 1884 was the first case in which the Supreme Court ruled on the Constitution’ commerce clause, which concerns Congress’s power to regulate interstate commerce. Interstate Commerce Act 1887 Congressional act of congress to regulate the railroad industry and eliminate monopolistic practices. McCulloch v. Maryland Allowed congress to take other reasonable actions in the interest of perserving the general welfare

Nonlegislative Powers Powers Common to Both Houses Propose constitutional amendments Conduct investigations Ability to issue subpoenas, documents that require person to testify Powers of the House Under 12th Amendment, House can choose a president if no candidate receives majority of electoral votes Powers of the Senate May choose vice president Provides advice and consent on presidential appointments Must approve treaties negotiated by president Q: Why do you think the subpoena power is important for Congress?

Why have congressional powers and the development of agencies expanded over time? Limitations Many clauses in Constitution protect citizens’ basic civil rights Congress may not suspend writ of habeas corpus, except in cases of rebellion or invasion Congress is forbidden from passing bill of attainder, law that allows person to be punished without trial Constitution also forbids Congress from passing ex post facto laws, laws that criminalize a past action In the 12th century Congress expanded its power to meet the needs of the growing nation….

How does the political cartoon symbolize the power of the Speaker of the House?

House of Representatives Click on the link to find your HOR member http://www.myfloridahouse.gov/sections/representatives/representatives.aspx

Florida Senators

How does gerrymander disenfranchise minorities and the underprivileged?

Implied Powers How do implied and Expressed Powers work together? Loose and Strict Constructionists Founders disagreed about how necessary and proper clause should be defined Strict constructionists —Congress should only exercise powers explicitly granted in Constitution —Known as Antifederalists Loose constructionists —Congress should have more freedom to interpret Constitution —Known as Federalists The Necessary and Proper Clause Today Has led to expanded federal authority over time