1. Scope of Congressional Power

2. Congressional Power What are the powers of Congress called?
Delegated powers
What are the three types?
expressed, implied, and inherent

3. Strict Constructionists
Descended from the Anti-Federalist position
Congress should only be able to exercise its
expressed powers
implied powers that were absolutely necessary
Which level of government did the Anti-Federalists favor?

4. Liberal Constructionists
Descended from the Federalist position
Favored a liberal interpretation of the Constitution Wanted Congress to have broad powers Why did they want Congress to be powerful?

5. Expressed Powers
Money and Commerce

6. Taxes What is a tax? What is the purpose of taxes?
With a partner, make a list of what you believe are the government’s top 5 expenditures.
Then make a list of what you think SHOULD be our top 5 expenditures.

8. Direct vs Indirect Taxes
How do you distinguish between a direct tax and an indirect tax?
A direct tax is paid by the person on whom it is imposed
An indirect tax is applied to one entity and passed on to another

9. Limits on Taxing Power Only for public purposes Cannot tax exports
Direct taxes must be apportioned among the states according to population
Indirect taxes must be levied at the same rate throughout the country

10. Borrowing Power
What do you think are the limits on Congress’ ability to borrow money?
No constitutional limits
Deficit financing or deficit spending
Gov’t spends more than it takes in and borrows the difference
National debt
All money owed by the gov’t

12. Commerce Power Power to regulate interstate and foreign trade
Gibbons v Ogden (1824)
Why is the Commerce Power so significant?

13. Limits on Commerce Power
Cannot tax exports
Cannot favor ports of one State over another in regulation
Cannot make vessels bound to one State enter, clear of pay duties in another
Could not interfere in the slave trade until 1808

14. Currency Power
Power to coin money and regulate the value of that money
Legal tender

15. Bankruptcy Power
Power to establish uniform bankruptcy laws throughout the U.S.
What constitutes a bankrupt individual?
What happens when someone goes through bankruptcy?

16. Other Expressed Powers

17. Foreign Relations
Greater power than any other area (Shared with President)
States: no foreign relation powers
2 sources of power
Expressed powers: war powers, power to regulate foreign commerce
Inherent powers: laws, security

18. War Powers 8 of the expressed powers Shared with President
Only Congress can declare war
Raise and maintain Army and Navy
Rules
Funding
Includes calling forth, organizing, and training the “Militia”

19. War Powers Grant letters of Marque and Reprisal
Authorizes privateers to capture other ships and bring them to admiralty court
Rules concerning captures on land and water
War Powers Resolution 1973
Limits use of troops areas not in a state of war

20. Naturalization Article I, Sec 8
Congress can make rules regarding becoming a citizen

21. Postal Power Establish post offices Establish post roads
Land and water routes used to deliver mail
Postal Crimes- Federal Crime
Obstruct delivery
Commit fraud
Any other crime – send illegal materials
States can not tax or license postal vehicles

22. Copyrights and Patents
“Promote the progress of science and useful arts”
Copyright – exclusive right of an author to reproduce, publish and sell their work
Part of the Library of Congress
Patent – Sole right to manufacture, use or sell an invention or improvement
Dept. of Commerce
Good up to 20 yrs.
May be extended by an act of Congress

23. Weights and Measures
Need for accurate gauges of time, distance, area, weight, volume, etc.
1901 – National Bureau of Standards
Commerce dept.
Before this we used the metric system

24. Territories Acquire, manage and dispose of various federal areas
Washington D.C.
Puerto Rico, Guam, Virgin Islands
Military, naval, arsenals, dockyards, post offices, prisons, parks

25. Territories Acquire through purchase or gift
Eminent Domain – take private property for public use
War powers
Treaty

26. Judicial Powers Create federal courts inferior to the Supreme Court
Set up structure
Punishment for the following crimes
Counterfeiting
Piracies and felonies on high seas
Offenses against the law of nations
Treason

27. Implied Powers Necessary and Proper Clause
“To make all laws which shall be necessary and proper for carrying into execution the foregoing powers and all other powers vested by this Constitution”

28. Uses for the Clause
National Bank
Education
Roads

29. Expressed and Implied Expressed Implied Power to tax
Raise Armies and Navy
Regulate Commerce
Establish Post Office
Punish tax evaders, fund welfare, schools etc.
Institute a draft
Establish minimum wage
Prohibit mail fraud and obstruction

30. Non-Legislative Powers

31. Non-Legislative Powers
Constitutional Amendments
Electoral Duties
Impeachment
Executive Powers
Investigatory Powers

32. Electoral Duties
What happens if no Presidential candidate receives a majority of the electoral votes?
The House votes with each State getting one vote
What happens when there is a vacancy in the VP?
President nominates a successor who must be approved by a majority vote in each house

33. Impeachment What offenses qualify for impeachment?
Treason, bribery, other high crimes and misdemeanors
What is the role of each house during an impeachment?
House impeaches (simple majority vote), Senate convicts (2/3 vote)

34. Executive Powers Appointments Treaties
Nominee considered in appropriate committee
IF committee makes favorable recommendation, then taken to the floor
Treaties

35. Investigatory Power Gather information
Oversee operations of executive branch agencies
Focus public attention on issue
Expose questionable activities of public officials or private persons
Promote particular interests