American CitizenshipAmerican Citizenship

Chapter 11 NotesChapter 11 Notes

Powers of CongressPowers of Congress

Section 1Section 1

The Scope of Congressional PowersThe Scope of Congressional Powers

Congressional PowerCongressional Power Congress only has the powers Congress only has the powers

delegated to it by the Constitutiondelegated to it by the Constitution– Cannot do:Cannot do:

create national public school systemcreate national public school system require people to vote or attend churchrequire people to vote or attend church set a minimum age for marriage or driver’s set a minimum age for marriage or driver’s

licenselicense abolish jury trialsabolish jury trials confiscate all hand-gunsconfiscate all hand-guns etc.etc.

Congressional Power Congressional Power (Con’t)(Con’t) Congress only has the powers Congress only has the powers

delegated to it by the Constitution delegated to it by the Constitution (Con’t)(Con’t)

– Can do:Can do: Expressed PowersExpressed Powers

– Things said specifically in the ConstitutionThings said specifically in the Constitution

Implied PowersImplied Powers– One can reasonably deduce the power from One can reasonably deduce the power from

expressed powersexpressed powers

Inherent PowersInherent Powers

Strict Versus LiberalStrict Versus LiberalConstructionConstruction

Originally, the split over the federalist Originally, the split over the federalist and anti-federalist was about the and anti-federalist was about the powers of Congresspowers of Congress

– Strict ConstructionistStrict Constructionist Led by Thomas Jefferson and believed that Led by Thomas Jefferson and believed that

Congress should only do expressed powers Congress should only do expressed powers and only important implied powersand only important implied powers

““That government is best which governs That government is best which governs least”least”

wanted the States to keep as much power as wanted the States to keep as much power as possiblepossible

– Liberal ConstructionistsLiberal Constructionists Led by Alexander Hamilton and believed that Led by Alexander Hamilton and believed that

Congress should have a great deal of powerCongress should have a great deal of power

Strict Versus Liberal Strict Versus Liberal Construction (Con’t)Construction (Con’t)

More often than not, the American More often than not, the American people have agreed with more people have agreed with more government, as opposed to less government, as opposed to less governmentgovernment

– Also known as a Also known as a consensusconsensus general agreementgeneral agreement

Section 2Section 2

The Expressed Powers of Money The Expressed Powers of Money and Commerceand Commerce

The Power to TaxThe Power to Tax

The Constitution gives congress the The Constitution gives congress the right “to lay and collect taxes, right “to lay and collect taxes, duties, imposts and excises…” duties, imposts and excises…” Article 1 Section 8 Clause 1Article 1 Section 8 Clause 1

The Purpose of The Purpose of TaxesTaxes– A tax is a charge levied by government A tax is a charge levied by government

on persons or property to meet public on persons or property to meet public needsneeds

However, import taxes protect domestic However, import taxes protect domestic industry against foreign competitionindustry against foreign competition

The Power to Tax (Con’t)The Power to Tax (Con’t) Limits on the Taxing PowerLimits on the Taxing Power

– Congress may tax only for public Congress may tax only for public purposes, not private benefitpurposes, not private benefit

– Congress can not tax exportsCongress can not tax exports– Direct taxesDirect taxes must be apportioned must be apportioned

among the statesamong the states A tax that must be paid by the person A tax that must be paid by the person

whom it is imposedwhom it is imposed

– All All indirect taxesindirect taxes must be levied at must be levied at the same rate in all parts of the countrythe same rate in all parts of the country

A tax first paid by one person but then A tax first paid by one person but then passed on to anotherpassed on to another

Borrowing PowerBorrowing Power There are no restriction on the amount of There are no restriction on the amount of

money that Congress can borrowmoney that Congress can borrow For decades the U.S. Federal Government For decades the U.S. Federal Government

has practiced has practiced deficit financingdeficit financing– Regularly spending more than it takes in each Regularly spending more than it takes in each

year, and borrowing to make up the year, and borrowing to make up the differencedifference

The The public debtpublic debt has grown rapidly since has grown rapidly since 19691969

– All of the money borrowed by the government All of the money borrowed by the government over the years, not yet repaid, plus the over the years, not yet repaid, plus the accumulated interest on that moneyaccumulated interest on that money

The The Commerce PowerCommerce Power

Power of Congress to regulate interstate Power of Congress to regulate interstate and foreign tradeand foreign trade

– Originally a major weakness of the Article of Originally a major weakness of the Article of ConfederationConfederation

Gibbons v. Ogden, 1824Gibbons v. Ogden, 1824– Arose out of a clash over the regulation of Arose out of a clash over the regulation of

steamboats by the State of New Yorksteamboats by the State of New York– Court’s decision expanded the interpretation Court’s decision expanded the interpretation

of the term “Commerce”of the term “Commerce” The Court’s and Congress have defined more The Court’s and Congress have defined more

implied powers over the yearsimplied powers over the years

The Commerce Power The Commerce Power (Con’t)(Con’t)

Limits on the Commerce PowerLimits on the Commerce Power– Cannot tax exportsCannot tax exports– Cannot favor the ports of one state Cannot favor the ports of one state

over those of any other in the over those of any other in the regulation of traderegulation of trade

– Cannot require that “vessels” pay Cannot require that “vessels” pay taxes when entering or exiting statestaxes when entering or exiting states

– Could not interfere with the slave Could not interfere with the slave tradetrade

The Currency PowerThe Currency Power

Due to the confusion after the Revolutionary Due to the confusion after the Revolutionary War, the framers of the Constitution called War, the framers of the Constitution called for a single, national system of “hard” moneyfor a single, national system of “hard” money

– Since 1789 Congress has provided the nation with Since 1789 Congress has provided the nation with a uniform, stable monetary systema uniform, stable monetary system

Congress created the first Bank of the United Congress created the first Bank of the United States in 1791 and they created paper States in 1791 and they created paper moneymoney

– However they were not However they were not legal tenderlegal tender any kind of money that a creditor must by law accept in any kind of money that a creditor must by law accept in

payment for debtspayment for debts

– By 1861 the paper money was legal tenderBy 1861 the paper money was legal tender

The The Bankruptcy PowerBankruptcy Power

Bankrupt individual or company or Bankrupt individual or company or other organization is one a court other organization is one a court has found to be unable to pay debts has found to be unable to pay debts in fullin full

BankruptcyBankruptcy– Is the legal proceeding in which the Is the legal proceeding in which the

bankrupts’ assets are distributed bankrupts’ assets are distributed among those to whom a debt is owedamong those to whom a debt is owed

Section 3Section 3

Other Expressed PowersOther Expressed Powers

Foreign Relations Foreign Relations PowersPowers

Congress shares power in this field Congress shares power in this field with the Presidentwith the President

– States are not allowed to take part in States are not allowed to take part in foreign relations because they are not foreign relations because they are not sovereignsovereign

Receives these powers from two Receives these powers from two sourcessources

– Expressed powers, such as war powers Expressed powers, such as war powers and regulate foreign commerceand regulate foreign commerce

– Implied by being the Legislative BranchImplied by being the Legislative Branch lawmaking bodylawmaking body

War PowersWar Powers The Constitution makes the President The Constitution makes the President

the Commander in Chief, however the Commander in Chief, however Congress has strong war powers as wellCongress has strong war powers as well

Congress has the ability to:Congress has the ability to:– Declare warDeclare war– Raise and support armiesRaise and support armies– Provide and maintain a navyProvide and maintain a navy– Make rules pertaining to the governing of Make rules pertaining to the governing of

land and naval forcesland and naval forces– Etc.Etc.

Passage of the War Powers Resolution of Passage of the War Powers Resolution of 1973, congress can restrict the use of 1973, congress can restrict the use of American forces in combat in areas American forces in combat in areas where a state of war does not existwhere a state of war does not exist

Other Expressed PowersOther Expressed Powers

NaturalizationNaturalization– The process by which citizens of one The process by which citizens of one

country become citizens of anothercountry become citizens of another Postal PowerPostal Power

– Congress has the power “to establish Congress has the power “to establish Post Offices and post Roads.” Article Post Offices and post Roads.” Article 1, Section 8, Article 71, Section 8, Article 7

Federal law to obstruct the mailsFederal law to obstruct the mails States can not tax the Postal ServiceStates can not tax the Postal Service

Other Expressed Powers Other Expressed Powers (Con’t)(Con’t)

Copyrights and PatentsCopyrights and Patents– Copyrights and Patents are Copyrights and Patents are

determined by the Legislative Branchdetermined by the Legislative Branch– CopyrightCopyright

the exclusive rights of an author to the exclusive rights of an author to reproduce, publish, and sell his or her reproduce, publish, and sell his or her creative workcreative work

Currently they are registered by the Currently they are registered by the Library of Congress and last the lifetime of Library of Congress and last the lifetime of the author and 70 years afterwardsthe author and 70 years afterwards

Other Expressed Powers Other Expressed Powers (Con’t)(Con’t)

Copyrights and Patents (Con’t)Copyrights and Patents (Con’t)– PatentPatent

grants a person the sole right to grants a person the sole right to manufacture, use or sell “any new and manufacture, use or sell “any new and useful art, machine, manufacture, or useful art, machine, manufacture, or composition of matter, or any new useful composition of matter, or any new useful improvement there of”improvement there of”

Good for 20 yearsGood for 20 years

– Enforced through the Department of Enforced through the Department of CommerceCommerce

Other Expressed Powers Other Expressed Powers (Con’t)(Con’t)

Weights and MeasuresWeights and Measures– Power to “fix the stands of weights and Power to “fix the stands of weights and

measures” Article 1, Section 8, Clause 5measures” Article 1, Section 8, Clause 5 Power Over Territories and Other AreasPower Over Territories and Other Areas

– Power to acquire, manage and dispose of Power to acquire, manage and dispose of various federal areasvarious federal areas

– Congress may acquire the territories Congress may acquire the territories through purchase, gift or through purchase, gift or eminent eminent domaindomain

inherent power to take private property for inherent power to take private property for public usepublic use

Other Expressed Powers Other Expressed Powers (Con’t)(Con’t)

Judicial PowersJudicial Powers– Expressed power to create all the Expressed power to create all the

courts below the Supreme Courtcourts below the Supreme Court– Right to define federal crimes and set Right to define federal crimes and set

punishments for violators of federal punishments for violators of federal lawlaw

Section 4Section 4

The Implied PowersThe Implied Powers

The Necessary and Proper The Necessary and Proper ClauseClause

Congress Congress appropriatesappropriates money to many money to many programs not called for in the Constitutionprograms not called for in the Constitution

– Assigns to a particular useAssigns to a particular use– This is called implied powersThis is called implied powers

““To make all Laws which shall be To make all Laws which shall be necessary and propernecessary and proper for carrying into for carrying into Execution the foregoing Powers and all Execution the foregoing Powers and all other Powers vested by this Constitution in other Powers vested by this Constitution in the Government of the United States, or in the Government of the United States, or in any Department or Officer thereof” Article any Department or Officer thereof” Article 1, Section 8, Clause 181, Section 8, Clause 18

– This clause has been used to expand the power This clause has been used to expand the power of Congress to “Implied Powers”of Congress to “Implied Powers”

The Battle Over Implied The Battle Over Implied PowersPowers

Began with Alexander Hamilton, as Began with Alexander Hamilton, as Secretary of Treasury, helped Congress Secretary of Treasury, helped Congress set up a national bankset up a national bank

– Opponents of this action stated that it was Opponents of this action stated that it was not an expressed power for Congressnot an expressed power for Congress

McCulloch v. Maryland, 1819McCulloch v. Maryland, 1819– Congress had created the Second Bank of Congress had created the Second Bank of

the United States in Marylandthe United States in Maryland– Maryland began taxing the bank, as a form of Maryland began taxing the bank, as a form of

checks and balancechecks and balance Maryland took a strict constructionist view on the Maryland took a strict constructionist view on the

issueissue

The Battle Over Implied The Battle Over Implied Powers (Con’t)Powers (Con’t)

McCulloch v. Maryland, 1819 (Con’t)McCulloch v. Maryland, 1819 (Con’t)– The Supreme Court unanimously held The Supreme Court unanimously held

that the Constitution need not that the Constitution need not expressly empower Congress to create expressly empower Congress to create a banka bank

Chief Justice John Marshall used the Chief Justice John Marshall used the “necessary and proper clause” to meet the “necessary and proper clause” to meet the expressed power over commerceexpressed power over commerce

Also reinforced Judicial Review as wellAlso reinforced Judicial Review as well The The DoctrineDoctrine in Practice in Practice

– A principle or fundamental policyA principle or fundamental policy

Section 5Section 5

The Nonlegislative PowersThe Nonlegislative Powers

Constitutional Constitutional AmendmentsAmendments

Congress may propose Congress may propose amendments by a two-thirds vote amendments by a two-thirds vote in each housein each house

– Done 33 timesDone 33 times Also call a national convention of Also call a national convention of

delegatesdelegates– Never been doneNever been done

Electoral DutiesElectoral Duties

House of Representatives may be called House of Representatives may be called on to elect a Presidenton to elect a President

– Only if no candidate receives a majority of Only if no candidate receives a majority of the electoral votesthe electoral votes

Done in 1801 with Thomas Jefferson and 1825 with Done in 1801 with Thomas Jefferson and 1825 with John Quincy AdamsJohn Quincy Adams

Also, 25th Amendment provides for the Also, 25th Amendment provides for the filling of a vacancy in the vice presidencyfilling of a vacancy in the vice presidency

– President nominates a President nominates a successorsuccessor– Majority vote in both house of Congress Majority vote in both house of Congress

confirms nomineeconfirms nominee

ImpeachmentImpeachment

The House has the sole power to The House has the sole power to impeachimpeach

– To accuse, bring chargesTo accuse, bring charges Senate has sole power to try, judge, Senate has sole power to try, judge,

in impeachment casesin impeachment cases Impeachment requires only a majority Impeachment requires only a majority

vote in the House; conviction requires vote in the House; conviction requires a two-thirds vote in the Senatea two-thirds vote in the Senate

– Penalty for conviction is removal from Penalty for conviction is removal from officeoffice

Impeachment (Con’t)Impeachment (Con’t)

Andrew JohnsonAndrew Johnson– Became president after the death of Became president after the death of

Abraham LincolnAbraham Lincoln– Violated the Tenure of Office Act and was Violated the Tenure of Office Act and was

impeached by the Houseimpeached by the House However However acquittedacquitted by the Senate by the Senate

– found not guiltyfound not guilty

Bill ClintonBill Clinton– Impeached by the House on an account of Impeached by the House on an account of

perjuryperjury and obstruction of justice and obstruction of justice lying under oath and withholding informationlying under oath and withholding information Also acquitted by the SenateAlso acquitted by the Senate

Impeachment (Con’t)Impeachment (Con’t)

Richard NixonRichard Nixon– In June 1972, Republic operatives In June 1972, Republic operatives

attempted to break into the attempted to break into the Democratic Party’s national Democratic Party’s national headquarters in Watergate Complex in headquarters in Watergate Complex in D.C.D.C.

Thus the term Thus the term WatergateWatergate

– The probe over this incident led to a The probe over this incident led to a long list of illegal actslong list of illegal acts

Impeachment (Con’t)Impeachment (Con’t)

Richard Nixon (Con’t)Richard Nixon (Con’t)– House voted to impeach Nixon and House voted to impeach Nixon and

requested a requested a subpoenasubpoena of several tape of several tape recordings from the Oval Officerecordings from the Oval Office legal order directing one to appear in court legal order directing one to appear in court

and/or to produce certain evidenceand/or to produce certain evidence

– In light of the pending conviction, Nixon In light of the pending conviction, Nixon resigned before being convicted and resigned before being convicted and removed from officeremoved from office

Executive PowersExecutive Powers

AppointmentsAppointments– All major appointments made by the All major appointments made by the

President must be confirmed by the Senate President must be confirmed by the Senate by a majority voteby a majority vote

TreatiesTreaties– May be accepted or rejected, amended by May be accepted or rejected, amended by

the Senatethe Senate Many times the President asks advice of the Senate Many times the President asks advice of the Senate

Foreign Relations CommitteeForeign Relations Committee Also, the House holds the purse strings, so many Also, the House holds the purse strings, so many

times they are consulted in the treaty-making times they are consulted in the treaty-making processprocess

Investigatory PowerInvestigatory Power

Has the Power to investigate issuesHas the Power to investigate issues– Gather information useful to Congress in the Gather information useful to Congress in the

making of some legislationmaking of some legislation– Oversee the operations of various executive Oversee the operations of various executive

branch agenciesbranch agencies– Focus public attention on a particular subjectFocus public attention on a particular subject– Expose the questionable activities of public Expose the questionable activities of public

officials or private personsofficials or private persons– Promote the particular interests of some Promote the particular interests of some

members of Congressmembers of Congress