Powers Of Congress Chapter 11

Where Does Congress Get It’s Power?

Article 1 of The Constitution!

THE POWER Congress, simply only has the power to do things the Constitution allows it to do.

Lets Review The three types of power granted to Congress in the Constitution? Expressed- Directly written in the Constitution. Implied- Assumed based on the expressed powers Inherent- Nowhere in the Constitution, but always held by the national governments.

Interpreting the Constitution There were two major ideologies when first deciding how much power Congress should have. Strict Constructionists Liberal Constructionists

Strict Constructionists Strict Constructionist (originalist)– believe that Congress should only have the expressed powers and nothing else Support very limited government Believe that individual liberty is most important First SC was Thomas Jefferson

Liberal Constructionist Liberal Constructionist (living constitution) – believed that we should interpret the Constitution loosely, so that Congress could have more power Support an active government Believe that governmental effectiveness is most important First LC was Alexander Hamilton

Powers of Money The Constitution expressly gives Congress the power to regulate money and commerce. How does Congress regulate money?

Power To Tax Article 1 Section 8 Clause 2 The Constitution gives Congress the power: “To lay and collect Taxes, Duties, Imposts, and Excises, to pay the debts and provide for the common defense and general Welfare of the United States…”

Limits on Taxes Cannot tax for private benefit Cannot tax exports Federal tax rates must be the same in all states

Types Of Taxes Direct Tax- paid by the person it is imposed upon Ex: Income Tax, Property Tax Indirect Tax- Imposed on one person, but paid by another Ex: Cigarette Tax, Gas Tax

Power to Borrow Article 1 Section 8 Clause 2 The Congress shall have Power To...borrow Money on the credit of the United States.... - AKA The Borrowing Clause

Debt Debt – total of all deficits yet to be paid back, plus interest owed (2010-13.5 trillion, 2000-5.6 trillion, 1990-3.2 trillion, 1980-907 billion) US DEBT CLOCK

Article 1 Section 8 Clause 3 The Commerce Power Article 1 Section 8 Clause 3 It gives Congress the power to : “To regulate Commerce with foreign nations and among the several States, and with the Indian Tribes..” Basically… The power of Congress to regulate interstate and foreign trade. Power is often extended to do seemingly unrelated implied powers Build interstate highways Ban racial discrimination

Gibbons v. Ogden, 1824 New York had given Robert Fulton exclusive rights to operate a steamboat on the Hudson River Fulton gave Ogden a permit to operate the steamboat for him Gibbons had a license from the U.S. government to operate a steamboat in the same area

What are the Constitutional Issues? Whose permit is supreme? What does “commerce” mean?

In to Save the Day… Chief Justice John Marshall!

Gibbons v. Ogden, 1824 The court decides to interpret “commerce” very broadly “Commerce” means virtually all commercial interactions Thus, Congress can regulate just about anything

Powers that Both Houses use together (concurrent power) Powers of Money and Commerce Power to “coin money and regulate the value thereof” (legal tender) Power to “establish uniform laws on the subject of bankruptcies”

Expressed Powers: Foreign Realtions Congress has the power to declare war However the act of waging war was abdicated to the president. The War Powers Resolution of 1973: “Congress claimed the power to restrict the use of American forces in combat in areas where a state of war does not exist.”

Other Expressed Powers Naturalization – setting the rules to become a citizen Postal Power – Congress sets up the Post Office Copyrights and Patents Weights and Measures – making sure they mean the same thing nationwide

Other Expressed Powers Power over territories – Congress controls territories, and decides whether they become states or not Eminent Domain – Congress can take private property for public use Judicial Power – Congress sets up the court system

Implied Powers Necessary and Proper Clause – Where the implied powers come from, Article I, Section 8, Clause 18 Tells Congress they can make any laws “necessary and proper” for carrying out their expressed powers

McCulloch v. Maryland (1819) First case that tested the Necessary and Proper Clause Congress created a national bank, and Maryland hated it Maryland placed a tax on all national bank transactions to try and put it out of business

In to Save the Day… Chief Justice John Marshall!

John Marshall and the Court Say: Any laws Congress passes, so long as they hold to the spirit of the Constitution, are okay This is a liberal constructionist position Since this case, Congress has used many implied powers

Nonlegislative Powers Impeachment – means to bring criminal charges against Impeachment requires majority vote in the House

Nonlegislative Powers After House votes, trial begins Chief Justice acts as judge, Senate acts as jury

Nonlegislative Powers A conviction, which would remove the president from office, requires a 2/3 vote in the Senate

Acquit - is when people are found not guilty after they are impeached. Andrew Johnson was acquitted by one vote. Nixon Resigned before the trial. Clinton was acquitted.

Successor Is a replacement or someone to fill the vacancy, which is subject to a majority vote in both houses of Congress. Has been used twice, Ford in 1973 and Rockefeller in 1974.

Executive Powers Appointment – President appoints officials with majority approval of Senate

Executive Powers Treaties – President makes treaties, but Senate must approve with 2/3 vote