1. Powers Of Congress
Chapter 11

2. Where Does Congress Get It’s Power?

3. Article 1 of The Constitution!

4. THE POWER
Congress, simply only has the power to do things the Constitution allows it to do.

5. Lets Review
The three types of power granted to Congress in the Constitution?
Expressed- Directly written in the Constitution.
Implied- Assumed based on the expressed powers
Inherent- Nowhere in the Constitution, but always held by the national governments.

6. Interpreting the Constitution
There were two major ideologies when first deciding how much power Congress should have. Strict Constructionists Liberal Constructionists

7. Strict Constructionists
Strict Constructionist (originalist)– believe that Congress should only have the expressed powers and nothing else
Support very limited government
Believe that individual liberty is most important
First SC was Thomas Jefferson

8. Liberal Constructionist
Liberal Constructionist (living constitution) – believed that we should interpret the Constitution loosely, so that Congress could have more power
Support an active government
Believe that governmental effectiveness is most important
First LC was Alexander Hamilton

9. Powers of Money
The Constitution expressly gives Congress the power to regulate money and commerce.
How does Congress regulate money?

11. Power To Tax
Article 1 Section 8 Clause 2 The Constitution gives Congress the power: “To lay and collect Taxes, Duties, Imposts, and Excises, to pay the debts and provide for the common defense and general Welfare of the United States…”

12. Limits on Taxes Cannot tax for private benefit Cannot tax exports
Federal tax rates must be the same in all states

13. Types Of Taxes Direct Tax- paid by the person it is imposed upon
Ex: Income Tax, Property Tax
Indirect Tax- Imposed on one person, but paid by another
Ex: Cigarette Tax, Gas Tax

14. Power to Borrow
Article 1 Section 8 Clause 2 The Congress shall have Power To...borrow Money on the credit of the United States AKA The Borrowing Clause

15. Debt
Debt – total of all deficits yet to be paid back, plus interest owed
( trillion, trillion, trillion, billion)
US DEBT CLOCK

16. Article 1 Section 8 Clause 3
The Commerce Power
Article 1 Section 8 Clause 3
It gives Congress the power to :
“To regulate Commerce with foreign nations and among the several States, and with the Indian Tribes..”
Basically… The power of Congress to regulate interstate and foreign trade.
Power is often extended to do seemingly unrelated implied powers
Build interstate highways
Ban racial discrimination

17. 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

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

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

20. Gibbons v. Ogden, 1824
The court decides to interpret “commerce” very broadly
“Commerce” means virtually all commercial interactions
Thus, Congress can regulate just about anything

21. Powers that Both Houses use together (concurrent power)
Powers of Money and Commerce
Power to “coin money and regulate the value thereof” (legal tender)
Power to “establish uniform laws on the subject of bankruptcies”

22. Expressed Powers: Foreign Realtions
Congress has the power to declare war
However the act of waging war was abdicated to the president.
The War Powers Resolution of 1973: “Congress claimed the power to restrict the use of American forces in combat in areas where a state of war does not exist.”

23. Other Expressed Powers
Naturalization – setting the rules to become a citizen
Postal Power – Congress sets up the Post Office
Copyrights and Patents
Weights and Measures – making sure they mean the same thing nationwide

24. Other Expressed Powers
Power over territories – Congress controls territories, and decides whether they become states or not
Eminent Domain – Congress can take private property for public use
Judicial Power – Congress sets up the court system

25. Implied Powers
Necessary and Proper Clause – Where the implied powers come from, Article I, Section 8, Clause 18
Tells Congress they can make any laws “necessary and proper” for carrying out their expressed powers

26. 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

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

28. John Marshall and the Court Say:
Any laws Congress passes, so long as they hold to the spirit of the Constitution, are okay
This is a liberal constructionist position
Since this case, Congress has used many implied powers

29. Nonlegislative Powers
Impeachment – means to bring criminal charges against
Impeachment requires majority vote in the House

30. Nonlegislative Powers
After House votes, trial begins
Chief Justice acts as judge, Senate acts as jury

31. Nonlegislative Powers
A conviction, which would remove the president from office, requires a 2/3 vote in the Senate

32. Acquit - is when people are found not guilty after they are impeached.
Andrew Johnson was acquitted by one vote.
Nixon Resigned before the trial.
Clinton was acquitted.

33. Successor
Is a replacement or someone to fill the vacancy, which is subject to a majority vote in both houses of Congress.
Has been used twice, Ford in 1973 and Rockefeller in 1974.

34. Executive Powers
Appointment – President appoints officials with majority approval of Senate

35. Executive Powers
Treaties – President makes treaties, but Senate must approve with 2/3 vote