Journal Question (100 Words) Should it be legal to burn an American flag?

YOUR Representation

The Scope Of Congressional Power Limited Government The powers of Congress are limited to those powers delegated to it by the Constitution. Expressed (Enumerated) Powers Article I, Section 8 Economic powers Foreign Relations/War Powers Judicial Powers Administrative Powers

Economic Powers Power to levy and collect taxes. Power to borrow money Commerce power power to regulate foreign and interstate trade “necessary and proper” clause Used to create the Civil Rights Act of 1964 Power to regulate bankruptcy law Power to coin money Business regulations power to regulate copyrights, trademarks, and patents

Foreign Relations/War Powers power to declare war power to raise and support armies/navies power to make rules to control the military (uniform code of military justice) power to ratify treaties power to regulate the National Guard Immigration and Naturalization power to set rules and procedures for naturalization (the process of becoming a US citizen)

Judicial Powers power to establish lower federal courts of law

Administrative powers power to establish post offices power to regulate weights and measures

Implied Powers Those powers that are implied by the constitution. Necessary and Proper Clause (Art. I, Sec. 8, Clause 18) a.k.a. The Elastic Clause. The congress shall have the power to make any laws that are necessary and proper in order to execute the expressed powers of Congress. McCulloch v. Maryland Upheld the doctrine of implied powers

Non-Legislative Powers Proposing constitutional amendments (ex. Flag Burning) Electoral Powers 3. Investigative powers 4. Impeachment Powers 5. Executive Powers

Electoral Powers In the event no candidate wins a majority in the electoral college the Congress has the power to elect the new president by a vote of each states representatives. Andrew Jackson lost to John Quincy Adams by a vote of the House of Representatives.

Investigatory Powers 1. Fact finding for the purpose of proposing new legislation 2. Investigating the actions of executive departments 3. Bringing an issue to the public’s attention 4. Investigating the alleged wrong-doing of a public official

Impeachment Powers If, as a result of a Congressional Investigation, the Congress determines that a public official has committed a criminal act The House of Representatives bring official charges The Senate then has the power to put the official on trial

Executive Powers The Senate has the power to confirm or reject presidential nominees (Ex. Department Heads and Federal Judges)

Legislative Terms FILIBUSTER Talk a bill to death. Standing/Talking Objective: Prevent / Delay Action on a bill. Strom Thurmond (24 hrs 18 minutes) Cloture Vote (60) EMINENT DOMAIN Take Private Property for Public Use JUNKET Trip to location regarding the proposed bill PORK BARREL A bill that supplies funds to gain support for legislators MARKUP SESSION An editing session in a committee RIDER A small bill that is attached to a larger bill. EARMARK Quorum

Powers of Congress Article I, Section 8 Over Executive Branch Approves appointments Approves treaties (Senate) Override veto Impeach President and/or Vice President “Power of the Purse” Oversight Function Over Judicial Branch Creation of lower courts Impeachment of judges Approval of judges