Chapter 5 Section 2 Mr. Gordon

A Fire Leads to Change

Defining the Powers of Congress Three types of powers held by Congress —Expressed: spelled out in Constitution —Implied: suggested in Constitution in the necessary and proper clause —Inherent: powers a government maintains simply because it is a government In addition to granting powers to Congress, the Constitution explicitly denies powers to the legislative branch.

Expressed Powers of Congress 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

Expressed Powers of Congress 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.

Expressed Powers of Congress Defense-Related Powers Framers granted Congress power to declare war Congress retains power to raise army and navy and to provide for their funding

Expressed Powers of Congress 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

Expressed Powers of Congress Clause 1: To levy taxes Clause 2: To borrow money

Expressed Powers of Congress {continued} Clause 3: To regulate foreign and interstate commerce Clause 4: To establish uniform rules of citizenship

Expressed Powers of Congress {continued} Clause 5: To coin money; to set uniform weights and measures Clause 6: To punish counterfeiters

Expressed Powers of Congress {continued} Clause 7: To establish post offices and post roads Clause 8: To make copyright and patent laws

Expressed Powers of Congress {continued} Clause 9: To establish national courts inferior to the Supreme Court

Expressed Powers of Congress {continued} Clause 10: To define and punish piracy and other violations of international law Clause 11: To declare war Clause 12: To raise and support armies

Expressed Powers of Congress {continued} Clause 13: To raise and maintain a navy Clause 14: To establish military laws Clause 15: To call up a national militia in times of uprising or foreign invasion

Expressed Powers of Congress {continued} Clause 16: To organize, arm, and discipline a militia when it is called into service Clause 17: To exercise jurisdiction over the District of Columbia

Expressed Powers of Congress {continued} Clause 18: To make all laws necessary and proper to the execution of any of the other expressed powers Over time, Clause 18, the necessary and proper clause, has become the source of authority for much of the congressional legislation that affects Americans’ everyday lives.

Landmark Supreme Court Cases Gibbons v. Ogden (1824) Why It Matters: Gibbons v. Ogden was the first case in which the Supreme Court ruled on the Constitution’ commerce clause, which concerns Congress’s power to regulate interstate commerce.

Implied Powers of Congress 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

Non-legislative Powers Powers Common to Both Houses Propose constitutional amendments Conduct investigations Ability to issue subpoenas, documents that require person to testify Powers of the Senate May choose vice president Provides advice and consent on presidential appointments Must approve treaties negotiated by president Powers of the House Under Twelfth Amendment, House can choose president if no candidate receives majority of electoral votes

Limits on the Powers of Congress 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

The Changing Power of Congress In the twentieth-century Congress expanded its power to meet the needs of the growing nation. Responded to severe economic crisis in 1930s: provided Social Security, help to unemployed Post–World War II, responded to new status of nation as dominant world power: created new U.S. Air Force, CIA, NASA Delegated some powers to federal agencies it created

Advice is Free Put your head down and work hard. Never wait for things to happen, make them happen for yourself through hard graft and not giving up.

Summary of Case Ogden was given an exclusive license, pursuant to a New York statute, to run a ferry between New York and New Jersey. Gibbons obtained a license, pursuant to federal law, to run a ferry in New York waters, thus, running in interference with Ogden’s license. Ogden sought an injunction against Gibbons.

Questions Did the State of New York exercise authority in a realm reserved exclusively to Congress, namely, the regulation of interstate commerce? List some ways this ruling affected your life. For example, do you ever buy things that were made in other states? If you had a successful invention and wanted to sell it around the country, would you face different sets of trade requirements in each state?