1. Journal Question (100 Words)
Should it be legal to burn an American flag?

2. YOUR Representation

3. The Scope Of Congressional Power
Limited Government The powers of Congress are limited to those powers delegated to it by the Constitution.
Expressed (Enumerated) Powers
Article I, Section 8
Economic powers
Foreign Relations/War Powers
Judicial Powers
Administrative Powers

4. Economic Powers Power to levy and collect taxes. Power to borrow money
Commerce power
power to regulate foreign and interstate trade
“necessary and proper” clause
Used to create the Civil Rights Act of 1964
Power to regulate bankruptcy law
Power to coin money
Business regulations
power to regulate copyrights, trademarks, and patents

5. Foreign Relations/War Powers
power to declare war
power to raise and support armies/navies
power to make rules to control the military (uniform code of military justice)
power to ratify treaties
power to regulate the National Guard
Immigration and Naturalization
power to set rules and procedures for naturalization (the process of becoming a US citizen)

6. Judicial Powers
power to establish lower federal courts of law

7. Administrative powers
power to establish post offices
power to regulate weights and measures

8. Implied Powers
Those powers that are implied by the constitution. Necessary and Proper Clause (Art. I, Sec. 8, Clause 18) a.k.a. The Elastic Clause. The congress shall have the power to make any laws that are necessary and proper in order to execute the expressed powers of Congress.
McCulloch v. Maryland
Upheld the doctrine of implied powers

9. Non-Legislative Powers
Proposing constitutional amendments (ex. Flag Burning)
Electoral Powers
3. Investigative powers
4. Impeachment Powers
5. Executive Powers

10. Electoral Powers
In the event no candidate wins a majority in the electoral college the Congress has the power to elect the new president by a vote of each states representatives.
Andrew Jackson lost to John Quincy Adams by a vote of the House of Representatives.

11. Investigatory Powers
1. Fact finding for the purpose of proposing new legislation
2. Investigating the actions of executive departments
3. Bringing an issue to the public’s attention
4. Investigating the alleged wrong-doing of a public official

12. Impeachment Powers
If, as a result of a Congressional Investigation, the Congress determines that a public official has committed a criminal act
The House of Representatives bring official charges
The Senate then has the power to put the official on trial

13. Executive Powers
The Senate has the power to confirm or reject presidential nominees (Ex. Department Heads and Federal Judges)

14. Legislative Terms FILIBUSTER Talk a bill to death. Standing/Talking
Objective: Prevent / Delay Action on a bill.
Strom Thurmond (24 hrs 18 minutes)
Cloture Vote (60)
EMINENT DOMAIN
Take Private Property for Public Use
JUNKET
Trip to location regarding the proposed bill
PORK BARREL
A bill that supplies funds to gain support for legislators
MARKUP SESSION
An editing session in a committee
RIDER
A small bill that is attached to a larger bill.
EARMARK
Quorum

15. Powers of Congress Article I, Section 8 Over Executive Branch
Approves appointments
Approves treaties (Senate)
Override veto
Impeach President and/or Vice President
“Power of the Purse”
Oversight Function
Over Judicial Branch
Creation of lower courts
Impeachment of judges
Approval of judges