1. Chapter 11: The
Powers of Congress

2. Where Does Congress’ Power Come From?
Article I:
Section 8: Powers of Congress
Section 9: Powers Denied to
Congress
If there are any questions of power, the U.S. Supreme Court would tell them what they are not allowed to do…

3. Powers of Congress Congress has 3 kinds of power:
Expressed – directly written in the Constitution
Implied – reasonably assumed based on the expressed powers
Inherent – nowhere in the Constitution, but always held by national governments

4. Interpretation
There are two major “schools of thought” on how much power Congress should have:
Strict vs. Loose interpretation

5. Interpreting the Constitution
Strict Constructionist – believe that Congress should only have the expressed powers and no more
limited government
Individual liberty is most important
Thomas Jefferson

6. Interpreting the Constitution
Liberal Constructionist (living constitution) – believe that we should interpret the Constitution loosely, so that Congress could have more power
Support an active, larger government
Alexander Hamilton

7. Strict or Originalist

8. Loose or Broad Interpretation

9. Interpretation

10. I hate you.
Get out of my face, Dawg.

11. Expressed Powers: Section 8 Taxation
Congress is given the expressed power to “lay and collect taxes”
Tax – charge levied by government on people or property to meet public needs

12. Two Kinds of Taxes
Indirect tax – imposed on one person or business, but paid by the consumers
Cigarette Tax, Gas Tax

13. Direct Tax
A tax, such as income tax, that is levied on the income or profits of the person who pays it, rather than on goods or services.
Ex: Property tax
Direct tax revenue must be paid to states equally according to population

14. What are the Limits to the Taxing Power?
Cannot be for private benefit
Cannot tax exports
All indirect taxes must be the same across the country

15. Expressed Powers: Borrowing $
Congress has the power “to borrow money on the credit of the United States”
We do this A LOT!!!!!!!!!!!!!!!!!!!!
National Debt: 19.3 Trillion dollars

16. Deficit and Debt
Deficit – the amount of money spent over budget that must be borrowed this year

17. Deficit and Debt
Debt – grand total of all money borrowed and still owed to this point, plus interest
Debt in 2016 – Over $19,300,000,000,000

18. Expressed Powers: Commerce
Congress has the power to “regulate commerce with foreign nations, and among the several states, and with the Indian tribes
This power gets used to do all sorts of other seemingly unrelated things

19. For Example:
Passing the Civil Rights Act of 1964, prohibiting racial discrimination
Building highways and freeways
Building hydroelectric dams
This is all a result of Gibbons v. Ogden, 1824

20. 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

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

22. In to Save the Day…
Chief Justice
John Marshall!

23. Gibbons v. Ogden, 1824 The court interpret “commerce” very broadly
Virtually all commercial interactions
Thus, Congress can regulate just about anything…

24. Expressed Powers: Currency
Currency – coins & paper bills used as money
U.S. Currency is now legal tender – the government requires all people to accept it as payment

25. Expressed Powers: Bankruptcy
Congress has the power to “establish uniform laws on the subject of Bankruptcies”

26. Expressed Powers: Bankruptcy
Bankruptcy – person is declared incapable of repaying debts, so all their assets are distributed to the people they owe, and then they are free of debt
I’ve lost everything!

27. Expressed Powers: Foreign Relations
Declare war
However, they have abdicated the power to wage war to POTUS
When ???

28. How Congress Lost This Power
Congress passed the Gulf of Tonkin Resolution, allowing the LBJ to use troops without Congress’ permission
Tried to take power back with War Powers Resolution (1973)

29. Why Would Congress Do This?
Congress doesn’t want to accept responsibility for mistakes

30. Other Expressed Powers
Naturalization – setting the rules to become a citizen
Postal Power –Establish post offices and post roads

31. Other Expressed Powers
Copyrights and Patents
Weights and Measures – making sure they’re uniform nationally

32. Other Expressed Powers
Power over territories – Congress decides whether territories become states or not

33. Other Expressed Powers
Judicial Power – Congress sets up the court system

34. Other Expressed Powers Eminent Domain – Congress can take private property for public use

35. Implied Powers
Where do implied powers come from? – The Necessary & Proper Clause (A.I S.8 C.18)
Tells Congress they can make any laws for carrying out their expressed powers

36. 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
The United States took Maryland to court.

37. In to Save the Day…
Chief Justice
John Marshall!

38. John Marshall and the Court Say:
The Constitution need not expressly empower Congress to create a national bank it is implied through borrowing, currency and commerce powers. A state cannot tax any agency of the federal government b/c of the:
Supremacy Clause
Question ???????
Strict or liberal constructionist position ?

39. Non-legislative Powers
Propose Constitutional Amendments with 2/3 vote in both houses. (Article V)
House of Reps. chooses the president if no candidate gets a majority in the electoral college

40. Non-legislative Powers
Impeachment – means to bring criminal charges against
Impeachment requires majority vote in the House

41. Non-legislative Powers
After House votes, trial in Senate begins…
Chief Justice acts as judge, Senate acts as jury

42. Non-legislative Powers
A conviction, which would remove the POTUS from office, requires a 2/3 vote in the Senate

43. Executive Powers
Appointment – POTUS appoints officials with majority approval of Senate

44. Executive Powers
Treaties – President makes treaties, but Senate must approve with 2/3 vote
John Kerry
Secretary of State

45. Section 9: Powers Denied to Congress
1. The Writ of Habeus Corpus cannot be suspended – -Often called the Writ of Liberty is intended to prevent unjust arrests and imprisonments. It commands that the prisoner (accused) be brought before the court and that the officer show cause or explain why the prisoner should not be released. -The Constitution says that the writ of Habeus Corpus cannot be suspended , unless when in cases of rebellion or invasion where the public safety may require it. (i.e. in war they could suspend this right) -This is considered part of your due process rights

46. Congress CANNOT pass a:
2. Bill of Attainder
Is a law that inflicts punishment without a court trial. In other words, it can’t pass a law that declares a person guilty of a crime and provides for the punishment of that person

47. Congress CANNOT pass a:
3. Ex-Post Facto Law
-a law passed after the fact
-For example, a law making it a crime
to sell marijuana cannot be applied to
someone who sold it before that law
was passed