GOVERNMENT Powers of Congress Scope of Congressional Powers

GOVERNMENT CHAPTER 11, Sec. 1 OBJECTIVES Identify the three types of congressional powers; Identify the three types of congressional powers; Compare strict construction of the U.S. Constitution on the subject of congressional power to liberal construction. Compare strict construction of the U.S. Constitution on the subject of congressional power to liberal construction.

GOVERNMENT Government of the United States is Limited Government. Government of the United States is Limited Government. Constitution has given Congress different types of powers to do its job: Constitution has given Congress different types of powers to do its job: Expressed Expressed Implied Implied Inherent Inherent

GOVERNMENT There are many things Congress cannot do. There are many things Congress cannot do. EXAMPLES: EXAMPLES: Force people to go to church Force people to go to church Require people to vote Require people to vote

GOVERNMENT Expressed Power: Expressed Power: Explicitly in the words of the Constitution. Explicitly in the words of the Constitution. Implied Power: Implied Power: Through reasonable deduction from the Expressed Powers. Through reasonable deduction from the Expressed Powers. Not explicitly stated implies that the federal government has the power. Not explicitly stated implies that the federal government has the power.

GOVERNMENT Inherent Power: Inherent Power: By the creation of a national government for the United States. By the creation of a national government for the United States.

GOVERNMENT How much power Congress should have: How much power Congress should have: Strict Constructionalist: Strict Constructionalist: Anti-Federalist position; Anti-Federalist position; Congress should only exercise its Expressed powers and those Implied powers absolutely necessary to carry out those Expressed powers. Congress should only exercise its Expressed powers and those Implied powers absolutely necessary to carry out those Expressed powers.

GOVERNMENT So states would keep as much power as possible; So states would keep as much power as possible; Liberal Constructionists: Liberal Constructionists: Federalist position; Federalist position; Congress should have all the power it needs to run the country Congress should have all the power it needs to run the country

GOVERNMENT Has led over the years to a stronger role that the federal plays. Has led over the years to a stronger role that the federal plays. Wars Wars Economic crisis Economic crisis National emergencies National emergencies The Supreme Court over the years has sided with the Liberal Constructionist view point. The Supreme Court over the years has sided with the Liberal Constructionist view point. Most Americans also support this view. Most Americans also support this view.

GOVERNMENT Federalists (Liberal Constructionists) and Anti-Federalists (Strict Constructionists) agree that: Federalists (Liberal Constructionists) and Anti-Federalists (Strict Constructionists) agree that: 1. Congress should be responsible for National Defense and 2. Interstate trade

Government Chapter 11 Powers of Congress Section 2 Expressed Powers of Money and Commerce

GOVERNMENT CHAPTER 11, Sec. 2 OBJECTIVES Summarize key points relating to Congress ’ s power to tax; Summarize key points relating to Congress ’ s power to tax; Describe how Congress uses its power to borrow money. Describe how Congress uses its power to borrow money.

GOVERNMENT CHAPTER 11, Sec. 2 OBJECTIVES Identify the reasons that the Framers gave Congress the power to issue currency; Identify the reasons that the Framers gave Congress the power to issue currency; Explain how the bankruptcy power works. Explain how the bankruptcy power works.

GOVERNMENT Expressed Powers in Constitution found in Article 1, Section 8. Expressed Powers in Constitution found in Article 1, Section separate clauses and 27 different powers given to Congress; 18 separate clauses and 27 different powers given to Congress; All very brief and lacking detail or substance; All very brief and lacking detail or substance; Left to Congress to define what the Framers meant when they drafted the Cnstitution. Left to Congress to define what the Framers meant when they drafted the Cnstitution.

GOVERNMENT EXAMPLES of Power: EXAMPLES of Power: 1. Power to regulate Commerce with foreign nations and among states 2. Power to Tax…. To provide for the general welfare of the country and defend it from outside forces.

GOVERNMENT Purpose of Taxing: Purpose of Taxing: Charge levied on individuals, business, and property to raise money; Charge levied on individuals, business, and property to raise money; To protect parts of the country, people, and businesses - Protective Tariffs To protect parts of the country, people, and businesses - Protective Tariffs

GOVERNMENT Limitations on the Taxing Power placed on the federal government by the Constitution: Limitations on the Taxing Power placed on the federal government by the Constitution: 1. Congress may tax ONLY for public benefit, NOT for private benefit; 2. Congress may not tax exports

GOVERNMENT 3. Direct Taxes must be apportioned among the States, according to their population. Taxes paid directly to the government; Taxes paid directly to the government; EXAMPLES: Income Tax & Property Tax EXAMPLES: Income Tax & Property Tax But may be laid on the people without regard to the population. But may be laid on the people without regard to the population.

GOVERNMENT All Duties and Excise taxes shall be uniform throughout the U.S. All Duties and Excise taxes shall be uniform throughout the U.S. All must have the same rate in every part of the country. All must have the same rate in every part of the country. Indirect Tax - A tax paid by one individual/business but then passed on to another. Indirect Tax - A tax paid by one individual/business but then passed on to another. EXAMPLE: Cigarette tax EXAMPLE: Cigarette tax

GOVERNMENT Borrowing Power of the Federal Government: Borrowing Power of the Federal Government: Article 1, Section 8, Clause 2 of the Constitution gives Congress the power to borrow money on the credit of the United States. Article 1, Section 8, Clause 2 of the Constitution gives Congress the power to borrow money on the credit of the United States. No limits on the amount that Congress can borrow nor on the purpose for the money. No limits on the amount that Congress can borrow nor on the purpose for the money.

GOVERNMENT Federal government operates using Deficit Financing. Federal government operates using Deficit Financing. Spending more than it takes in each year; Spending more than it takes in each year; Congress borrows money to make up the difference. Congress borrows money to make up the difference.

GOVERNMENT All the money borrowed over the years and not paid back is called the Public Debt. All the money borrowed over the years and not paid back is called the Public Debt. From the U.S. had a surplus From the U.S. had a surplus Since 911, the U.S. has had a deficit Since 911, the U.S. has had a deficit 2009 budget will be the largest deficit ever recorded by this county budget will be the largest deficit ever recorded by this county.

GOVERNMENT The Commerce Power of Government: The Commerce Power of Government: Power to regulate interstate and foreign trade; Power to regulate interstate and foreign trade; Gibbons v. Ogden Gibbons v. Ogden Helped to expand the federal government ’ s power to regulate interstate trade. Helped to expand the federal government ’ s power to regulate interstate trade.

GOVERNMENT Limits on the Use of the Commerce Power of Congress: Limits on the Use of the Commerce Power of Congress: 1. Congress cannot tax exports; 2. Congress cannot favor ports of one State over another in the regulation of trade; 3. Congress cannot require that Vessels bound to, or from, one State be obliged to enter, clear, or pay duties in another.

GOVERNMENT 4. Congress could not interfere with the slave trade.  The Currency Power:  Article 1, Section 8, Clause 5, gives Congress the right to coin money and regulate the value of it.  States denied this power.

GOVERNMENT Congress did not issue paper money and make it Legal Tender until Congress did not issue paper money and make it Legal Tender until Legal Tender - Money that a creditor must by law accept in payment for debts. Legal Tender - Money that a creditor must by law accept in payment for debts. Example of Implied Power granted by the Constitution based on its Expressed Power given to Congress to coin money. Example of Implied Power granted by the Constitution based on its Expressed Power given to Congress to coin money.

GOVERNMENT Bankruptcy Power: Bankruptcy Power: Article 1, Section 8, Clause 4, gives Congress the power to establish uniform laws on the subject of bankruptcies throughout the United States. Article 1, Section 8, Clause 4, gives Congress the power to establish uniform laws on the subject of bankruptcies throughout the United States. For businesses or individuals the court finds to be insolvent. For businesses or individuals the court finds to be insolvent.

GOVERNMENT Bankruptcy is a court proceeding where a person or business ’ s assets are distributed among those who are owed a debt; Bankruptcy is a court proceeding where a person or business ’ s assets are distributed among those who are owed a debt; Bankruptcy frees a person or business from legal responsibility for debts acquired before the bankruptcy; Bankruptcy frees a person or business from legal responsibility for debts acquired before the bankruptcy; States and the Federal Government have Concurrent Power to regulate bankruptcy. States and the Federal Government have Concurrent Power to regulate bankruptcy.

GOVERNMENT Concurrent Power, is when both entities have the legal right to oversee or control. Concurrent Power, is when both entities have the legal right to oversee or control.

Government Chapter 11 Powers of Congress Section 3 Other Expressed Powers

GOVERNMENT CHAPTER 11, Sec. 3 OBJECTIVES Identify the key sources of Congress ’ s foreign relations powers; Identify the key sources of Congress ’ s foreign relations powers; Describe the power-sharing arrangement between Congress and the President on the issues of war and national defense. Describe the power-sharing arrangement between Congress and the President on the issues of war and national defense.

GOVERNMENT CHAPTER 11, Sec. 3 OBJECTIVES List other key powers exercised by Congress. List other key powers exercised by Congress.

GOVERNMENT Foreign Relations Power: Foreign Relations Power: Congress shares this power with the President. Congress shares this power with the President. President is responsible for the conduct of the relations with other nations. President is responsible for the conduct of the relations with other nations. Selects the people to interact with foreign governments and the agenda. Selects the people to interact with foreign governments and the agenda.

GOVERNMENT States have no standing in international law as they are not sovereign entities. States have no standing in international law as they are not sovereign entities. States do not take part in foreign relations. States do not take part in foreign relations.

GOVERNMENT War Powers: War Powers: Congress shares this power with the President. Congress shares this power with the President. President is the Commander in Chief of the nation ’ s armed forces. President is the Commander in Chief of the nation ’ s armed forces. Only Congress may declare war. Only Congress may declare war.

GOVERNMENT Congress has the power to: Congress has the power to: Raise and support armies; Raise and support armies; Provide and maintain a navy; Provide and maintain a navy; Make rules pertaining to governing of land and naval force; Make rules pertaining to governing of land and naval force; Through the War Powers Resolution, 1973 Through the War Powers Resolution, 1973 Congress claimed the power to restrict the use of American forces in combat in areas where a state of war does not exist Congress claimed the power to restrict the use of American forces in combat in areas where a state of war does not exist

GOVERNMENT Other Expressed Powers: Other Expressed Powers: Naturalization: Naturalization: Process by which citizens of one country become citizens of another country; Process by which citizens of one country become citizens of another country; Congress has exclusive power to establish uniform rules of naturalization. Congress has exclusive power to establish uniform rules of naturalization.

GOVERNMENT Postal Power: Postal Power: Congress has the power to establish post offices and routes used, within the U.S.; Congress has the power to establish post offices and routes used, within the U.S.; Establish crimes based on postal power; Establish crimes based on postal power; Prohibit the mailing of certain types of items. Prohibit the mailing of certain types of items. EXAMPLE: Drugs EXAMPLE: Drugs

GOVERNMENT Copyrights Power: Copyrights Power: Congress has the power to protect authors and inventors by issuing copyrights; Congress has the power to protect authors and inventors by issuing copyrights; Provide creator with exclusive rights to use. Provide creator with exclusive rights to use. Issued by the federal government. Issued by the federal government. Individual must sue to protect and get reimbursed if they are misused or stolen. Individual must sue to protect and get reimbursed if they are misused or stolen. Length - Life of author, plus 70 years Length - Life of author, plus 70 years

GOVERNMENT Patent Power: Patent Power: Congress has the right to protect inventors by issuing patents that provide the creator with exclusive rights to use. Congress has the right to protect inventors by issuing patents that provide the creator with exclusive rights to use. Issued by the federal government; Issued by the federal government; Individual must sue to protect and get reimbursed if they are misused or stolen. Individual must sue to protect and get reimbursed if they are misused or stolen. Length - 20 years Length - 20 years

GOVERNMENT Power Over Territories and other Areas: Power Over Territories and other Areas: Congress given power to acquire, manage, and dispose of various federal areas. Congress given power to acquire, manage, and dispose of various federal areas. Power of Eminent Domain, Inherent power to take private property for public use. Power of Eminent Domain, Inherent power to take private property for public use.

GOVERNMENT Judicial Powers Judicial Powers Expressed powers to create all of the federal courts below the Supreme Court; Expressed powers to create all of the federal courts below the Supreme Court; To define crimes and set punishment for violators of federal laws. To define crimes and set punishment for violators of federal laws.

GOVERNMENT Constitution specifically only mentions Four (4) crimes: Constitution specifically only mentions Four (4) crimes: 1. Counterfeiting; 2. Piracy and Felonies on the high seas; 3. Offenses against international laws: 4. Treason

Government Chapter 11 Powers of Congress Section 4 The Implied Powers

GOVERNMENT CHAPTER 11, Sec. 4 OBJECTIVES Explain how the Necessary and Proper Clause gives Congress flexibility in lawmaking; Explain how the Necessary and Proper Clause gives Congress flexibility in lawmaking; Summarize the key developments in the battle over implied powers of Congress. Summarize the key developments in the battle over implied powers of Congress.

GOVERNMENT Implied Powers, those powers that are not set out in words in the Constitution but are implied by those that are. Implied Powers, those powers that are not set out in words in the Constitution but are implied by those that are. Constitutional basis for the Implied powers found in one of the Expressed powers. Constitutional basis for the Implied powers found in one of the Expressed powers. In the Necessary and Proper Clause In the Necessary and Proper Clause

GOVERNMENT Necessary and Proper Clause: Necessary and Proper Clause: Gives Congress the expressed power to make all laws which shall be necessary and proper for carrying out all other powers vested to Congress by the Constitution. Gives Congress the expressed power to make all laws which shall be necessary and proper for carrying out all other powers vested to Congress by the Constitution. Used by Hamilton to create the National Bank. Used by Hamilton to create the National Bank. Necessary to execute expressed powers of taxing, borrowing, currency and commerce. Necessary to execute expressed powers of taxing, borrowing, currency and commerce.

GOVERNMENT McCulloch versus Maryland – 1819 McCulloch versus Maryland – 1819 Allowed the creation of a second national bank; Allowed the creation of a second national bank; Denied the State of Maryland to tax the federal bank. Denied the State of Maryland to tax the federal bank. Doctrine of Implied powers has been used by Congress to create laws needed to run the country. Doctrine of Implied powers has been used by Congress to create laws needed to run the country.

Government Chapter 11 Powers of Congress Section 5 Non-legislative Powers

GOVERNMENT CHAPTER 11, Sec. 5 OBJECTIVES Describe Congress ’ s role in amending the Constitution and in deciding elections; Describe Congress ’ s role in amending the Constitution and in deciding elections; Describe Congress ’ s power to impeach; Describe Congress ’ s power to impeach;

GOVERNMENT OBJECTIVES Identify Congress ’ s executive powers; Identify Congress ’ s executive powers; Describe Congress ’ s investigative powers. Describe Congress ’ s investigative powers.

GOVERNMENT Other Duties of Congress Constitutional Amendments: Constitutional Amendments: Congress may propose amendments to the Constitution by a two-thirds vote in each house; Congress may propose amendments to the Constitution by a two-thirds vote in each house;

GOVERNMENT Congress may call a national convention of delegates from each state to propose an amendment. Congress may call a national convention of delegates from each state to propose an amendment. But only if asked to do so by two-thirds of the State legislatures; But only if asked to do so by two-thirds of the State legislatures; Has never been done Has never been done

GOVERNMENT Electorial Duties: Electorial Duties: The House of Representatives may be called to elect a President: The House of Representatives may be called to elect a President: 12 th Amendment states that if no candidate receives a majority of the electorial votes for President, the House of Representatives, voting by States, must decide the issue. 12 th Amendment states that if no candidate receives a majority of the electorial votes for President, the House of Representatives, voting by States, must decide the issue.

GOVERNMENT From the three highest contenders in the electorial college balloting; From the three highest contenders in the electorial college balloting; Each State has one vote. Each State has one vote. Senate chooses the Vice President: Senate chooses the Vice President: Vote by each individual Senator, not by State. Vote by each individual Senator, not by State.

GOVERNMENT Filling a vacancy for the Vice Presidency: Filling a vacancy for the Vice Presidency: 25 th Amendment provides procedure; 25 th Amendment provides procedure; Majority in both houses is necessary to confirm a successor that is nominated by the President. Majority in both houses is necessary to confirm a successor that is nominated by the President.

GOVERNMENT Impeachment: Impeachment: Constitution provides that the President, Vice President and all other civil officers of the U.S. may be removed from office on impeachment for: Constitution provides that the President, Vice President and all other civil officers of the U.S. may be removed from office on impeachment for: Conviction of treason Conviction of treason Bribery or other high crimes and misdemeanors Bribery or other high crimes and misdemeanors

GOVERNMENT The House of Representatives has the sole power to impeach, accuse, and bring charges. The House of Representatives has the sole power to impeach, accuse, and bring charges. Requires only a majority vote in the House; Requires only a majority vote in the House; Conviction requires 2/3 vote in the Senate; Conviction requires 2/3 vote in the Senate; Penalty is removal from office Penalty is removal from office

GOVERNMENT Two Presidents have been impeached by the House: Two Presidents have been impeached by the House: Andrew Johnson – 1868 Andrew Johnson – 1868 Bill Clinton – 1998 Bill Clinton – 1998 Senate voted to acquit both, or find not guilty. Senate voted to acquit both, or find not guilty.

GOVERNMENT President Clinton ’ s Impeachment Proceedings: President Clinton ’ s Impeachment Proceedings: Senate argued that perjury and obstruction of justice charges did not meet the definition of the Constitution in terms of “ Other high offenses ”. Senate argued that perjury and obstruction of justice charges did not meet the definition of the Constitution in terms of “ Other high offenses ”. Clinton was censored, a formal condemnation of his behavior. Clinton was censored, a formal condemnation of his behavior.

GOVERNMENT President Richard Nixon Impending Impeachment Proceeding: President Richard Nixon Impending Impeachment Proceeding: Resigned instead of facing an impeachment hearing. Resigned instead of facing an impeachment hearing. Based on his involvement with Watergate (19720; Based on his involvement with Watergate (19720; Republican operatives breaking into the Democratic National Headquarters. Republican operatives breaking into the Democratic National Headquarters.

GOVERNMENT Used government agencies for personal and partisan use. Used government agencies for personal and partisan use.

GOVERNMENT Executive Powers: Executive Powers: Congress gives two Executive powers to the Senate: Congress gives two Executive powers to the Senate: 1. Appointments to office: Confirm all major appointments made by the President by a majority vote. Confirm all major appointments made by the President by a majority vote.

GOVERNMENT 2. Treaties: President makes treaties with 2/3 consent by Senators present President makes treaties with 2/3 consent by Senators present

GOVERNMENT Investigatory Powers: Investigatory Powers: Congress has the right to investigate any matter that falls within the scope of its legislative powers. Congress has the right to investigate any matter that falls within the scope of its legislative powers. Done through its various committees. Done through its various committees.

GOVERNMENT Gathers information useful to Congress in making legislation; Gathers information useful to Congress in making legislation; Oversee the operations of various executive branch agencies; Oversee the operations of various executive branch agencies; Focus public attention on a particular subject; Focus public attention on a particular subject;

GOVERNMENT Expose questionable activities of public officials or private persons; Expose questionable activities of public officials or private persons; Promote the particular interests of some members of Congress. Promote the particular interests of some members of Congress.