1. Chapter 11 Notes Powers of Congress
American Citizenship
Chapter 11 Notes
Powers of Congress

2. Section 1
The Scope of Congressional Powers

3. Congressional Power Congress only has the powers
delegated to it by the Constitution
Cannot do:
create national public school system
require people to vote or attend church
set a minimum age for marriage or driver’s license
abolish jury trials
confiscate all hand-guns
etc.

4. Congressional Power (Con’t)
Congress only has the powers delegated to it by the Constitution (Con’t)
Can do:
Expressed Powers
Things said specifically in the Constitution
Implied Powers
One can reasonably deduce the power from expressed powers
Inherent Powers

5. Strict Versus Liberal Construction
Originally, the split over the federalist and anti-federalist was about the powers of Congress
Strict Constructionist
Led by Thomas Jefferson and believed that Congress should only do expressed powers and only important implied powers
“That government is best which governs least”
wanted the States to keep as much power as possible
Liberal Constructionists
Led by Alexander Hamilton and believed that Congress should have a great deal of power

6. Strict Versus Liberal Construction (Con’t)
More often than not, the American people have agreed with more government, as opposed to less government
Also known as a consensus
general agreement

7. Section 2
The Expressed Powers of Money and Commerce

8. The Power to Tax
The Constitution gives congress the right “to lay and collect taxes, duties, imposts and excises…” Article 1 Section 8 Clause 1
The Purpose of Taxes
A tax is a charge levied by government on persons or property to meet public needs
However, import taxes protect domestic industry against foreign competition

9. The Power to Tax (Con’t)
Limits on the Taxing Power
Congress may tax only for public purposes, not private benefit
Congress can not tax exports
Direct taxes must be apportioned among the states
A tax that must be paid by the person whom it is imposed
All indirect taxes must be levied at the same rate in all parts of the country
A tax first paid by one person but then passed on to another

10. Borrowing Power
There are no restriction on the amount of money that Congress can borrow
For decades the U.S. Federal Government has practiced deficit financing
Regularly spending more than it takes in each year, and borrowing to make up the difference
The public debt has grown rapidly since 1969
All of the money borrowed by the government over the years, not yet repaid, plus the accumulated interest on that money

11. The Commerce Power
Power of Congress to regulate interstate and foreign trade
Originally a major weakness of the Article of Confederation
Gibbons v. Ogden, 1824
Arose out of a clash over the regulation of steamboats by the State of New York
Court’s decision expanded the interpretation of the term “Commerce”
The Court’s and Congress have defined more implied powers over the years

12. The Commerce Power (Con’t)
Limits on the Commerce Power
Cannot tax exports
Cannot favor the ports of one state over those of any other in the regulation of trade
Cannot require that “vessels” pay taxes when entering or exiting states
Could not interfere with the slave trade

13. The Currency Power
Due to the confusion after the Revolutionary War, the framers of the Constitution called for a single, national system of “hard” money
Since 1789 Congress has provided the nation with a uniform, stable monetary system
Congress created the first Bank of the United States in 1791 and they created paper money
However they were not legal tender
any kind of money that a creditor must by law accept in payment for debts
By 1861 the paper money was legal tender

14. The Bankruptcy Power
Bankrupt individual or company or other organization is one a court has found to be unable to pay debts in full
Bankruptcy
Is the legal proceeding in which the bankrupts’ assets are distributed among those to whom a debt is owed

15. Section 3
Other Expressed Powers

16. Foreign Relations Powers
Congress shares power in this field with the President
States are not allowed to take part in foreign relations because they are not sovereign
Receives these powers from two sources
Expressed powers, such as war powers and regulate foreign commerce
Implied by being the Legislative Branch
lawmaking body

17. War Powers
The Constitution makes the President the Commander in Chief, however Congress has strong war powers as well
Congress has the ability to:
Declare war
Raise and support armies
Provide and maintain a navy
Make rules pertaining to the governing of land and naval forces
Etc.
Passage of the War Powers Resolution of 1973, congress can restrict the use of American forces in combat in areas where a state of war does not exist

18. Other Expressed Powers
Naturalization
The process by which citizens of one country become citizens of another
Postal Power
Congress has the power “to establish Post Offices and post Roads.” Article 1, Section 8, Article 7
Federal law to obstruct the mails
States can not tax the Postal Service

19. Other Expressed Powers (Con’t)
Copyrights and Patents
Copyrights and Patents are determined by the Legislative Branch
Copyright
the exclusive rights of an author to reproduce, publish, and sell his or her creative work
Currently they are registered by the Library of Congress and last the lifetime of the author and 70 years afterwards

20. Other Expressed Powers (Con’t)
Copyrights and Patents (Con’t)
Patent
grants a person the sole right to manufacture, use or sell “any new and useful art, machine, manufacture, or composition of matter, or any new useful improvement there of”
Good for 20 years
Enforced through the Department of Commerce

21. Other Expressed Powers (Con’t)
Weights and Measures
Power to “fix the stands of weights and measures” Article 1, Section 8, Clause 5
Power Over Territories and Other Areas
Power to acquire, manage and dispose of various federal areas
Congress may acquire the territories through purchase, gift or eminent domain
inherent power to take private property for public use

22. Other Expressed Powers (Con’t)
Judicial Powers
Expressed power to create all the courts below the Supreme Court
Right to define federal crimes and set punishments for violators of federal law

23. Section 4
The Implied Powers

24. The Necessary and Proper Clause
Congress appropriates money to many programs not called for in the Constitution
Assigns to a particular use
This is called implied powers
“To make all Laws which shall be necessary and proper for carrying into Execution the foregoing Powers and all other Powers vested by this Constitution in the Government of the United States, or in any Department or Officer thereof” Article 1, Section 8, Clause 18
This clause has been used to expand the power of Congress to “Implied Powers”

25. The Battle Over Implied Powers
Began with Alexander Hamilton, as Secretary of Treasury, helped Congress set up a national bank
Opponents of this action stated that it was not an expressed power for Congress
McCulloch v. Maryland, 1819
Congress had created the Second Bank of the United States in Maryland
Maryland began taxing the bank, as a form of checks and balance
Maryland took a strict constructionist view on the issue

26. The Battle Over Implied Powers (Con’t)
McCulloch v. Maryland, 1819 (Con’t)
The Supreme Court unanimously held that the Constitution need not expressly empower Congress to create a bank
Chief Justice John Marshall used the “necessary and proper clause” to meet the expressed power over commerce
Also reinforced Judicial Review as well
The Doctrine in Practice
A principle or fundamental policy

27. Section 5
The Nonlegislative Powers

28. Constitutional Amendments
Congress may propose amendments by a two-thirds vote in each house
Done 33 times
Also call a national convention of delegates
Never been done

29. Electoral Duties
House of Representatives may be called on to elect a President
Only if no candidate receives a majority of the electoral votes
Done in 1801 with Thomas Jefferson and 1825 with John Quincy Adams
Also, 25th Amendment provides for the filling of a vacancy in the vice presidency
President nominates a successor
Majority vote in both house of Congress confirms nominee

30. Impeachment The House has the sole power to impeach
To accuse, bring charges
Senate has sole power to try, judge, in impeachment cases
Impeachment requires only a majority vote in the House; conviction requires a two-thirds vote in the Senate
Penalty for conviction is removal from office

31. Impeachment (Con’t) Andrew Johnson Bill Clinton
Became president after the death of Abraham Lincoln
Violated the Tenure of Office Act and was impeached by the House
However acquitted by the Senate
found not guilty
Bill Clinton
Impeached by the House on an account of perjury and obstruction of justice
lying under oath and withholding information
Also acquitted by the Senate

32. Impeachment (Con’t) Richard Nixon
In June 1972, Republic operatives attempted to break into the Democratic Party’s national headquarters in Watergate Complex in D.C.
Thus the term Watergate
The probe over this incident led to a long list of illegal acts

33. Impeachment (Con’t) Richard Nixon (Con’t)
House voted to impeach Nixon and requested a subpoena of several tape recordings from the Oval Office
legal order directing one to appear in court and/or to produce certain evidence
In light of the pending conviction, Nixon resigned before being convicted and removed from office

34. Executive Powers Appointments Treaties
All major appointments made by the President must be confirmed by the Senate by a majority vote
Treaties
May be accepted or rejected, amended by the Senate
Many times the President asks advice of the Senate Foreign Relations Committee
Also, the House holds the purse strings, so many times they are consulted in the treaty-making process

35. Investigatory Power Has the Power to investigate issues
Gather information useful to Congress in the making of some legislation
Oversee the operations of various executive branch agencies
Focus public attention on a particular subject
Expose the questionable activities of public officials or private persons
Promote the particular interests of some members of Congress