POWERS OF CONGRESS

POWERS OF CONGRESS

Congress only has the powers given to it by the Constitution

Many powers are denied to Congress by the Constitution› Cannot create a nation public school

system› Cannot require people to go to church› Cannot require people to vote› Cannot censor content of newspaper,

radio, or television

POWERS OF CONGRESS

EXPRESSED POWERS – powers of Congress that are specifically written into the Constitution› Power to tax› Power to borrow $$$$$$› Power to regulate trade› Power to coin money› Power to declare war› Power to establish a postal service (mail)› Power to set weights and measures› Power to issue copyrights and patents› Power to naturalize citizens

POWERS OF CONGRESS

IMPLIED POWERS – powers that are required to carry of the expressed powers› Necessary and Proper Clause – the

Constitutional clause that give Congress the power to make all laws “necessary and proper” for carrying out its powers

› Example: The expressed power is that Congress can establish a postal service. The implied power is that Congress can prohibit tampering with mail that is not your own.

POWERS OF CONGRESS

INHERENT POWERS – powers the Constitution gave to the National government because it is the head of the nation

OPPOSING VIEWS

Two groups argued over how to interpret the Constitution1. Strict Constructionists – said the Constitution

should be interpreted exactly as written. Congress should only have their expressed powers, and the implied powers that are absolutely necessary for carrying out their work.

2. Liberal Constructionists – said the Constitution should be loosely interpreted. Congress should have their expressed powers, and any implied powers they might ever need.

NONLEGISLATIVE POWERS

Nonlegislative powers – powers that do not involve making laws› Constitutional Amendment – the power to

change or add to the Constitution› Electoral Duties – if no Presidential

candidate wins a majority in an election, the House of Representatives decides the issue. Also, if no Vice President wins a majority of the votes in an election the Senate must choose someone

NON LEGISLATIVE POWERS

Impeachment – to bring formal charges against a public official.› Only the House of Representatives can bring charges

against the accused› Only the Senate can hold a trial for the accused

Examples:› Bill Clinton – accused of perjury (lying under oath)

and obstruction of justice. Was put on trial but not removed.

› Richard Nixon – The Watergate Scandal – Republicans broke into the Democratic Party’s national headquarters. Nixon resigned before he could be brought to trial.

NONLEGISLATIVE POWERS

Executive Powers – appointments to office, and treaties made with the President› Appointments – appointments made by the President must

be confirmed by the Senate› Treaties – the Senate must accept or reject any treaty made

by the President Investigatory Power – Congress can investigate any

matter than falls within its legislative powers› Reasons for investigations

1. Gathering useful information for lawmaking2. Overseeing the operations of various executive agencies3. Focusing public attention on a particular subject4. Exposing questionable activities of public officials5. Promoting particular interests of some members of Congress

Supreme Court Study

Heart of Atlanta Motel v. United States (1964)› The Civil Rights Act of 1964 makes it illegal for

hotels, motels, restaurants, or any other public place to refuse to rent rooms or provide services to people because of race, color, religion, or national origin.

› Heart of Atlanta Motel had regularly refused to rent rooms to African Americans

› The motel owner filed a suit in federal court, claiming that the public accommodation provision of the Act was Unconstitutional

Supreme Court Study

Heart of Atlanta Motel v. United States (1964) continued…› Arguments for the Heart of Atlanta Motel

1. The operation of hotels, motels, and restaurants in a local matter. Therefore, Congress should not be able to regulate those businesses.

2. The Act prevents the motel owners from operating his business as he wishes. Therefore, he is deprived of his liberty and property without due process, or compensation.

3. Requiring the motel owner to rent rooms to anyone against his will is subjecting him to involuntary servitude in violation of the 13th Amendment.

Supreme Court Study

Heart of Atlanta Motel v. United States (1964) continued…› Argument for the United States

1. The lack of accommodations for African Americans interferes with interstate travel. Under the Commerce Clause, Congress has the right to pass laws to correct that problem.

2. The 5th Amendment prohibits TAKING property without compensation, but does not prohibit regulations that affect how the owner runs his business.

3. The regulations do not constitute involuntary servitude under the 13th Amendment.

Supreme Court Study

Heart of Atlanta Motel v. United States (1964) continued…› THE RESULTS –

The Supreme Court ruled in favor of the United States, saying that the Commerce Clause upheld the constitutionality of the Civil Rights Act of 1964. Requiring the motel to rent rooms to African Americans did not violate the owner’s rights.