1. CHAPTER 11 Powers of congress
GOVERNMENT
CHAPTER 11 Powers of congress

2. Daily Enduring Understanding
From the instant your alarm clock rings to the moment you go to sleep at night, the work of Congress has a significant impact on your daily life…
An Ordinary Day…

3. The Work of Congress

4. The Powers of Congress Expressed Powers Implied Powers Inherent Powers
Powers specifically listed in the Constitution
Also called the enumerated powers
Implied Powers
Powers not specifically listed in Constitution but which the government can reasonably claim as part of its governing responsibility
Necessary and Proper Clause—Congress can “make all laws which shall be necessary and proper” for carrying out its duties
Inherent Powers
Powers the Constitution is presumed to have delegated to the National Government because it is the government of a sovereign state within the world community

5. The Powers of Congress Expressed Powers
Article I states Congress shall have “all legislative powers”
Specific powers given to Congress include the authority to
Levy and collect taxes
Borrow money
Regulate interstate and foreign commerce
Coin money
Declare war

6. The Powers of Congress Implied Powers (Necessary and Proper Clause)
Constitutional clause that gives Congress the power to make all laws “necessary and proper” for executing its powers
McCulloch vs. Maryland, 1819

7. The Powers of Congress The Expressed Powers Implies the power
To lay and collect taxes
To create tax laws and punish tax evaders
To use tax revenues to fund welfare, public schools, health and housing programs
To require States to meet certain conditions to qualify for federal funding
To borrow money
To establish the Federal Reserve System of banks
To establish naturalization of law
To regulate and limit immigration
To raise armies and navies
To draft Americans in the military
To regulate commerce
To establish a minimum wage
To ban discrimination
To regulate banking

8. Power to TAX
A charge levied by government on persons or property to raise money to meet public needs
$2.5 trillion in revenue for 2007
Congress does not have an unlimited power to tax
Types of taxes???

9. Power to Borrow
No constitutional limits on the amount of money that Congress may borrow, and no restriction on the purposes for which it can borrow
Deficit Spending – spending more than what it takes in each year, and borrowing to make up the difference
Public Debt – the money the
government owes
Balanced Budget Act of 1997 (Clinton)

10. Commerce Power
The power of Congress to regulate interstate and foreign trade
Sets how much should be charged for imports
Not in Articles of Confederation
1780s – States fought over trade barriers and laws
Civil Rights Act of 1964: prohibits discrimination “in access to” or “service in” hotels, motels, theaters, and other public accommodations on grounds of race, color, etc…
Power is as vital as the power to tax
Many government decisions have been backed up on the power of the Federal government to regulate commerce between the states

11. Currency Power
Congress has the power “to coin Money and regulate the Value thereof.”
States are denied power
Congress created a national paper currency, “legal tender” in 1863.
Articles of Confederation
Unstable, worthless, no taxing power, 13 different currencies

12. $1 silver certificates, 1896
Martha Washington
$5 Louisiana state bank note, 1862
Continental Currency

13. Evolution of Money… Who authorizes changes to currency?

14. Bankruptcy Power
A bankrupt individual or company is found to be unable to pay debts in full by a court
Today, bankruptcy cases are only heard in the Federal District Courts

15. Foreign Relations Powers
Shares power with Commander in Chief
Congress can:
Declare War
Raise and support military
Provide and maintain a navy
War Powers Resolution of 1973
Restrict the use of American forces in combat areas where a state of war does not exist.
War Powers Resolution
During the Vietnam War (1954–75), Presidents Lyndon B. Johnson (1908–1973; served 1963–69) and Richard Nixon sent more than five hundred thousand American soldiers to fight without a congressional declaration of war. Over fifty–eight thousand of them died. When the war became politically unpopular, Congress passed the War Powers Resolution of 1973.
The War Powers Resolution requires the president to report to Congress "in every possible instance" within forty-eight hours after sending troops into hostile situations. The president is then supposed to withdraw the troops unless Congress declares war or otherwise authorizes the military action within sixty days.

16. The Non-Legislative Powers of Congress
Congressional Checks – have nothing to do with law making.
Oversight—oversees executive agencies to make sure they carry out laws it has passed
Confirmation—Senate confirms key officials appointed by President
Impeachment—House impeaches federal official; Senate conducts (presides) over trial and votes to remove
Ratification—Senate must approve all treaties negotiated by president
Override—Congress can reverse president’s veto
Amendment—Congress can propose an amendment to Constitution

17. Constitutional Amendments
Federalism at its best: both national government working with state governments:
2/3 of both houses of Congress needed to formally propose a Constitutional Amendment
¾ of the state legislatures needed to ratify a Constitutional Amendment

18. Electoral Duties
A presidential candidate needs the majority of electoral votes to win (270 out of 538)
If no candidate wins a majority:
The House of Representatives chooses the president
The Senate chooses the vice president

19. Impeachment
If a high ranking government official commits a crime or treason…
The House of Representatives can impeach (formally accuse of a crime) him/her.
The Senate holds the trial.
The Senators are like the jury, the Supreme Court Chief Justice is the judge (he presides over the trial).
If the person on trial is found guilty, THEN they can be removed from office.

20. Appointments
The president has the power to appoint cabinet members, Supreme Court Justices, and ambassadors
The Senate has the power to confirm (approve) those appointments.
The president has the power to create treaties
The Senate has the power to confirm them.

21. Internet Resources