legislative powers

Powers of CongressPowers of CongressWhat do we know Congress can do? Think back to when we talked about correcting the weaknesses of

the Articles of Confederation.

What do we know Congress can do? Think back to when we talked about correcting the weaknesses of

the Articles of Confederation.

Congress has only those powers delegated by the Constitution

Large areas are denied because of the silence of the Constitution and the federal system.

Framers feared the power that is inherent to a legislative body so they created a Constitution that spells out what it can and cannot do in more detail than the other branches.

Just how broad?Strict Constructionists

Led by TJ and the anti-federalists

Congress should only be allowed to exercise its expressed and implied powers that are ABSOLUTELY necessary.

Strict Constructionists Cont.

Wanted the States to keep as much power as possible

Felt that the states can protect interests better than the far-off national government

Liberal Constructionist

Led by Hamilton

Wanted a more liberal interpretation of powers

Broad interpretation

Over the years -

power of the national government has grown to a point that even most liberal constructionists would not have imagined.

THINK ABOUT FEDERALISM

Three types of powerExpressed -

Explicitly, in specific wording

Implied -

Reasonable deduction from expressed

Inherent Powers -

creating a national government for the United States

Examples

Expressed power to lay and collect taxes

IMPLIES

power to punish tax evaders and to regulate the sale of some commodities

Examples

Expressed power to borrow money

IMPLIES

power to establish the Federal Reserve System of banks

Examples

Expressed power to establish naturalization laws

IMPLIES

power to regulate and limit immigration

Expressed Powers

Lay and Collect Taxes

Taxes make up a trillion of what US takes in a year to meet public needs

Was not in the Articles of Confed

Borrow Money

Borrow on the credit of the United States

no limits on amount or the spending of it

Commerce Power

To regulate interstate and foreign trade

Articles of Confed did not have this

It has prompted the growth of the greatest open market

Commerce Cont.

Almost all implied powers are built off of the commerce clause

Restriction on Commerce Power

Cannot tax exports

cannot favor ports of one State over another

Cannot require vessels from one state to pay a duty to another

Can not interfere with slave trade until 1808

Currency Powers

Coin Money

Regulate value of money

Problems in the Articles of Confed with this

Bankruptcy Power

Congress can establish uniform laws on this subject

Legal proceeding in which the bankrupt’s assets are distributed among those to whom debt is owed

Foreign Relations Power

Shared with the President

Likely to defer to the President in these cases

Sole right to regulate foreign commerce

War Powers

Declare War

Power to raise and support armies

provide and maintain navy

Makes rules pertaining to the governing of armed forces

war powers cont.

call forth a militia

rules concerning capture

War powers resolution 1973 - restricts the use of forces where a state of war does not exist

Other powers

Naturalization - the process by which citizens of one country become citizens of another

Postal Power

Copyrights and Patents

Weights and Measures

Other powers cont.Acquire, manage, dispose of federal areas

Eminent domain

Judicial powers (create all of the federal courts below Supreme Court and to structure federal judiciary)

Define federal crimes and set punishments

Implied and Non-Legislative Powers

Implied Powers

Necessary and Proper Clause -

Constitutional basis for implied powers

AKA the “elastic clause” because it has been stretched so far and made to cover so much over the years

Hamilton and the National Bank

This was not stated anywhere in the Constitution

Hamilton used the Necessary and Proper Clause

Argued it was necessary because it was related to the expressed powers (taxing, borrowing, commerce, currency)

McCulloch v Maryland

1816 Second Bank of the US

Opponents wanted to hurt the bank so they taxed it.

Deemed Necessary and Proper to the execution of powers to tax, borrow, currency and commerce

Acted as a sweeping approval of implied powers

Who won this argument, strict constructionists or liberal constructionists?

Non-Legislative Powers

Constitutional Amendments

Congress may propose by 2/3 vote in each house.

It has been done 33 times (not always passed by the States, though)

Electoral Duties

House may be called to elect a President.

12th Amendment says that if no candidate receives the majority of electoral votes, then the House must decide the issue

House has chosen TJ and JQ Adams

Impeachment

President, Vice President, All civil officers, Judges

House has the sole power to impeach (accuse, bring charges)

Senate has the sole power to try (judge)

Impeachment cont.

Impeachment requires one majority vote in the House, conviction requires a two-thirds vote in the Senate

Chief Justice presides over Senate when a President is tried

Cont.

Penalty is removal from office

17 Impeachments, 7 Convictions, all these were federal judges

Two presidents have been impeached by the House, Senate found both not-guilty

Executive Powers

Confirmation of Appointments

Major appointments made by the President must be confirmed by Senate with a majority vote

Treaties

President makes treaties with the advice and consent of Senate

2/3 Senators must concur

Investigatory Power

Investigate any matter that falls with in the scope of legislative powers

Gather information

oversee bureaucracy

focus public attention

expose questionable activities

promote a particular interest

House Powers

House Ways and Means (committee)

Only House may initiate tax laws and spending bills

This oversees taxing and spending legislation

Senate Powers

Confirmation

Ratify Treaties

Amending Powers on Revenue Bills