Powers of Congress Unit 2.

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Presentation transcript:

Powers of Congress Unit 2

I. The Scope of Congressional Powers

A. Congressional Powers Expressed Powers Implied Powers Inherent Powers

B. Strict vs. Liberal Construction Strict Construction Only use express powers and the implied powers ABSOLUTELY necessary to carry out expressed powers Jefferson

B. Strict vs. Liberal Construction cont. Liberal interpretation of Constitution Broad construction of powers given to Congress Hamilton

II. Expressed Powers

A. Power to Tax Purpose of Taxes Raise money to meet public needs

A. Power to Tax cont. Limits on Taxing Power Only tax for public purposes Can’t tax exports Direct taxes apportioned among states based on population Indirect taxes must be equal in each state

B. Borrowing Power Public Debt = money borrowed by the Fed. Gov’t owed (includes interest) Deficit Financing = spending more than the gov’t takes in

C. Commerce Power Commerce Power = regulate interstate and foreign trade Gibbons v. Ogden (1824) - allows Congress to regulate commerce between states

D. Currency Power Coin money and regulate its value

E. Foreign Relations Power 1. Congress shares this power with the President

F. War Powers Declare war Raise and support army and navy Make rules about governing land and naval forces

G. Other Expressed Powers Naturalization Postal Power Copyrights and Patents Weights and Measures Powers over territories Judicial Powers

III. Implied Powers

A. Necessary and Proper Clause “Elastic Clause” Gives implied powers

B. Battle over Implied Powers Strict Constructionists McCulloch v. Maryland, 1819 Using implied powers

IV. Non-legislative Powers

A. Constitutional Amendments Congress can propose amendments to the Constitution

B. Electoral Duties 12th Amendment = House of Reps can choose president if no majority of electoral vote Jefferson (1800), John Q. Adams (1824)

B. Electoral Duties cont. 25th Amendment = President’s successor if there’s no VP is subject to majority in both houses of Congress Ford as Nixon’s VP in 1973 and Rockefeller as Ford’s VP in 1974

C. Impeachment House of Reps has power to impeach (accuse or bring charges) Andrew Johnson (1868) and Bill Clinton (1998) were both impeached and acquitted

C. Impeachment cont. Richard Nixon resigned to avoid impeachment

D. Executive Powers Appointments Senate must confirm all presidential appointments by majority vote Treaties President makes treaties with 2/3 of Senate’s consent

E. Investigatory Power Congress investigates anything that relates to its legislative powers