Mrs. Kosier

LEQ:

What are the three types of congressional power?

How does strict construction of the U.S. Constitution on the subject of congressional power compare to liberal construction?

The Constitution grants Congress a number of specific powers in three different ways.

1) The expressed powers are granted to Congress explicitly in the Constitution.

(2) The implied powers are granted by reasonable deduction from the expressed powers.

(3) The inherent powers are granted through the Constitution’s creation of a National Government for the United States.

Strict constructionists led by Thomas

Jefferson argued that Congress should only be able to exercise (1) its expressed powers and (2) those implied powers absolutely necessary to carry out those expressed powers.

Liberal constructionists

led by Alexander Hamilton, favored a liberal interpretation of the Constitution, a broad interpretation of the powers given to Congress.

LEQ:What powers does Congress have to tax?

How does Congress use its power to borrow money?

How important is Congress’s commerce power?

Why did the Framers give Congress the power to issue currency?

How does the bankruptcy power work?

The Constitution gives Congress the power:

“(1) To lay and collect Taxes, Duties, Imports and Excises, (2) to pay the Debts, and (3) provide for the common Defense and general Welfare of the United States.…”

—Article I, Section 8, Clause 1

A tax is a charge levied by government on persons or property to meet public needs.◦ The Constitution places four limits on Congress’s

power to tax:

1. Congress may tax only for public purposes, not for private benefit

2. Congress may not tax exports

3. Direct taxes must be apportioned among the States, according to their populations.

4. Indirect taxes must be levied at a uniform rate in all parts of the country

Direct tax – must be paid directly to the gov’t by the person on whom it is imposed◦ Tax on owing land or buildings, income tax (w/o

regard to population)

Indirect tax – one first paid by one person then pass on to another◦ Must be levied at the same rate in every part of the

country, ex. Gasoline, alcohol, tobacco products◦ Indirectly paid by that 2nd person◦ Federal tax on cigarettes – tax is paid by wholesaler

then that cost is passed on to consumer

• Article I, Section 8, Clause 2 gives Congress the power “[t]o borrow Money on the credit of the United States.”

• Deficit financing is the practice of spending more money than received in revenue and borrowing to make up the difference.

• The public debt is all of the money borrowed by the government over the years and not yet repaid, plus the accumulated interest on that money.

President Clinton was able to balance the budget:

◦ 1. a sharp downturn in the economy

◦ 2. major tax cuts pushed by President Bush & enacted by Congress in 2001, 2002, 2003

◦ 3. the onset of the war on terrorism and the conflicts in Afghanistan and Iraq

U.S. National Debt

over $16.7 Trillion

The commerce power—the power of Congress to regulate interstate and foreign trade—is granted in the Commerce Clause of the Constitution.

The Constitution places four limits on Congress’s use of thecommerce power:

(1) Congress cannot tax exports. (2) Congress cannot favor the ports of one State over

those of any other in the regulation of trade.(3) Congress cannot require that “Vessels bound to, or

from, one State, be obliged to enter, clear or pay Duties in another.”

(4) Congress could not interfere with the slave trade (through 1808).

Involves Commerce Clause – arose out of a clash over the regulation of steamboats by the State of New York and the Federal Government

◦ Brought about an extension of federal authority into many areas of American life

Article I, Section 8, Clause 5

Need for a single, national system of “hard” money

Federal government has been providing the nation with a uniform, stable monetary system

Issued gold, silver

1861 – Congress created a national paper currency and made it legal tender

The Currency Power • Article I, Section 8,

Clause 5 gives Congress the power“[t]o coin Money [and]regulate the value

thereof.”

• Legal tender is any kind of money that a creditor must by law accept in payment for debts.

The Bankruptcy power • Article I, Section 8,

Clause 4 gives Congress the power“[t]o establish.. Uniform laws on the subject of bankruptcies throughout he United States.”

• Bankruptcy is the legalproceeding in which thebankrupt person’s assetsare distributed among those to whom a debt is owed.

Identify the key sources of Congress’s foreign relations powers.

Describe the power-sharing arrangement between Congress the president on the issues of war & national defense

List other key powers exercised by Congress

Federal Gov’t has greater powers in field of foreign relations than any other area

Power shared with President

The foreign relations powers of Congress come from 2 sources:◦ 1. from various expressed powers, especially the war

powers & the power to regulate foreign commerce

◦ 2. from the fact that the U.S. is a sovereign state in the world community

◦ Congress has the power to act on matters affecting the security of the nation

Congress shares power with Chief Executive (President)

Extensive and substantial (41A) Only Congress can declare war◦ Has the power to raise and support armies, to provide &

maintain a navy, & to make rules pertaining to the governing of land & naval forces

◦ Provide for calling forth the militia – for organizing, arming, & disciplining of it

◦ Power to grant letters of marque & reprisal – written grants of power authorizing private persons to outfit vessels to capture & destroy enemy vessels in time of war (legalized piracy)

◦ Power to restrict the use of American forces in combat in areas where a state of war does not exist

Naturalization◦ (41B) Article I, Section 8, Clause 4 – gives Congress the

exclusive power to establish an uniform Rule of Naturalization

Postal Power◦ Article I, Section 8, Clause 7 – (41C) power to establish

Post offices, postal routes, including railroads, airways,& waters w/in the U.S.

◦ Established crimes based on postal power Mail fraud, obstruction of mail, use of mail to commit other

crime◦ Prohibited mailing of many items

Firecrackers, switchblades, obscene materials

Copyrights and patents◦ (41D) Registered by the Copyright Office in the Library of

Congress; good for life + 70 years

Books, magazines, newspapers, musical compositions, lyrics, dramatic works, paintings, sculptures, cartoons, maps, photographs, motion pictures, sound recordings, etc

◦ Patent – (41D) sole right to manufacture, use, or sell any new & useful art, machine, manufacture, or composition of matter, or any new & useful improvement thereof

Good for up to 20 years, can only be extended by a special act of Congress

Patent & Trademark Office in the department of Commerce administers patent laws

Weights and Measures◦ Fix the standard of weights & measures throughout U.S.◦ Reflects absolute need for accurate uniform gauges of time,

distance, area, weight, volume◦ (41E) 1838 – pound, ounce, mile, foot, gallon, quart, etc◦ (41E) 1866 – legalized use of metric system of gram, meter,

kilometer, liter, etc◦ 1901 – National Bureau of Standards & Technology

Power Over Territories & Other Areas◦ Congress has power to acquire, manage, & dispose of various

federal areas D.C., Puerto Rico, Guam, Virgin Islands, military & naval installations,

arsenals, dockyards, post offices, prisons, parks, forest preserves, etc Eminent domain – inherent power to take private property for public use

Judicial Powers◦ Expressed power to create all of the federal courts

below the Supreme Court and to structure the federal judiciary

◦ Power to define federal crimes & set punishment for violators of federal law

Counterfeiting, piracies, felonies on the high seas, offenses against international law, treason

Explain how the Necessary and Proper Clause gives Congress flexibility in lawmaking

Summarize the key developments in the battle over the implied powers of Congress

The Necessary and Proper Clause gives to

Congress the power:

“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 I, Section 8, Clause 18

The formation of the Bank of the United Statesspawned controversy • In McCulloch v. Maryland, 1819, the formationof the Second Bank of the United States waschallenged by strict constructionists. • Chief Justice John Marshall ruled in favor of theSecond Bank, giving sweeping approval to theconcept of implied powers.

Creation of the Second Bank was Necessary and Proper to the execution of 4 of the expressed power of Congress: taxing, borrowing, currency, & commerce powers

What is Congress’s role in amending the

Constitution and in deciding elections?

• What is Congress’s impeachment power,

and how has it been used in the past?

• What are Congress’s executive powers?

• What is Congress’s investigatory power?

Constitutional Amendments • Article V gives Congress the power to propose amendments

by a two-thirds vote in each house.

Electoral Duties In certain circumstances, the Constitution gives Congress

special electoral duties. • If no candidate for President receives a majority in the

electoral college, the (44) House decides the election. • If no candidate for Vice President receives a majority in the

electoral college, the Senate decides the election. • Also, if the vice presidency is vacated, the President selects a

successor, who faces congressional approval by a majorityvote in both houses.

The Constitution grants Congress the power ofremoving the President, Vice President, or othercivil officers from their office through impeachment. • The House has the sole power to (45) impeach,

orbring charges against the individual. • There is then a trial in the Senate. A two-thirdsvote of the senators present is needed forconviction. • The penalty for conviction is removal from

office.

Andrew Johnson◦ Deliberate violation of Tenure of Office Act triggered

impeachment by House Fell one vote short of 2/3rds needed 12 Dem 7 Rep

Bill Clinton◦ Impeached by House; stemmed from inappropriate

relationship; charges: perjury; obstruction of justice◦ Senate acquits (didn’t get 2/3rds vote)

45 Dem 10 Rep – perjury 50 Dem 50 Rep - obstruction

Richard Nixon◦ 3 articles of impeachment: obstruction of justice, abuse

of power, & failure to respond to House Judiciary Committee’s subpoenas Resigned before impeachment process

Appointments Treaties

• All major appointments made

by the President must beconfirmed by the Senate bymajority vote. • Only 12 of 600 Cabinetappointments to date have been declined. • “Senatorial courtesy” is thepractice in which the Senate will turn down an appointment if it is opposed by a senator of the President’s party from the State involved

• The President makes treaties by and with the Advice and Consent of the Senate,...provided two thirds of the Senators present concur.”

• Presently, the President often consults members of the Senate Foreign Relations Committee

Congress may choose to conduct investigations through its standing committees for several reasons:

(46)

(1) to gather information useful to Congress in the making of some legislation;

(2) to oversee the operations of various executive branch agencies;

(3) to focus public attention on a particular subject;

(4) to expose the questionable activities of public officials or private persons;

(5) to promote the particular interests of some members of Congress