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Published byMaurice Shields Modified over 9 years ago
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Powers given to Congress by the Constitution The Power to Tax Taxes are charges levied on a person or property by the government to support public needs There are limits though: (1) Taxes have to be for public good, not private benefit; (2) Taxes cannot be placed on exports; (3) Indirect taxes, or taxes paid by one person and passed on to another, must be the same for everyone Direct taxes are taxes paid by the person on whom it is imposed (like property taxes or income taxes) The Power to Borrow Money Congress can borrow money on the credit of the United States…with no limits at all Congress has used deficit financing in the past 80 years…spending more than it takes in each year and borrowing to pay the difference Borrowing leads to the public debt…the amount that has been borrowed over the years and not repaid Factors that can lead to the need to borrow money: (1) economic recessions; (2) tax cuts; (3) wars, terrorism The Power to Control Commerce The commerce power is the power to regulate interstate and foreign trade There are some limits, including (1)Congress cannot tax exports; (2) Congress cannot favor ports in one state over another; (3) Congress cannot require that states do business with one another The Power to Make Currency Only Congress can make the currency for the nation…not the states or the local government The Power to Declare War and Control Foreign Relations States cannot take place in foreign relations, only the national government and that is led by Congress Only Congress has the power to declare war, build the army and navy, or call up a militia
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Powers not given by the Constitution, but can be assumed that the Congress has them because of their expressed powers The Necessary & Proper Clause – Article I, Section 8, Clause 18 Congress shall have the power to make any laws that are “necessary and proper” in carrying out their expressed powers Alexander Hamilton wanted a Bank of the United States in 1790…argued “loose constructionist” – Constitution had to be interpreted to give Congress power to carry out their expressed duties (taxing, commerce, etc.) Thomas Jefferson was against a Bank of the United States in 1790…argued “strict constructionist” – if it was not mentioned in the Constitution, it was a power that went to the states…citing the 10 th Amendment
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Powers not given by the Constitution, but can be assumed that the Congress has them because of their expressed powers Expressed Power The borrowing power Implied Power Power to establish Federal Reserve System Expressed Power The taxing power Implied Power Power to make tax evasion a crime & determine punishments Expressed Power Power to raise armies Implied Power Power to draft men into the armed forces
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Powers that do not deal with making laws, but deal with other areas of how government operates Constitutional Amendments Determining Elections ImpeachmentExecutive Powers Investigatory Powers Constitutional amendments can be passed by a 2/3 vote in both the Senate and House of Representatives If no candidate receives a majority of the electoral votes for President, the House of Representatives chooses the President by dividing up by states…The Senate chooses the Vice- President as individual voters In the case of impeachment – or bringing charges to remove someone from office – the House brings up charges by a majority vote and the Senate decides guilt or innocence with a 2/3 vote needed to convict When the President appoints someone to office, the Senate must approve of that appointment When treaties are created by the President, the Senate must approve the treaties Congress uses their committees to investigate issues to (1) see if there is a law that is needed, (2) oversee operation of government, (3) focus public attention on an issue, (4) promote their own interests
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