2. Powers of Congress

7/28/2019 2. Powers of Congress

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Expressed Powers

Implied Powers

Congressional Power


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Expressed Powers

Powers that are

expressed (written)

in the Constitution.

Most are in

Article I,

Section 8,clauses 1-17

Of the Constitution


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Tax

Borrow Money Regulate Commerce

Regulate Bankruptcy Coin Money Punish Counterfeiting

Examples of Expressed Powers


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Declare war

Raise an army Maintain a navy

Provide for a militia


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Naturalization

Postal powers

Copyrights and PatentsWeights and Measures

Power over territories Judicial powers


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Power to tax


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Justice Oliver Wendell Holmes, Jr.

1841-1935

Taxes are

what we payfor

civilized society.


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Types of Federal Taxes

Personal Income Tax

Payroll Tax (Social Security, Medicare)

Corporate Tax

Tariff

Excise Tax Estate Tax


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Personal

Income TaxAmendment 16

1913

Federal Income Tax Day is April 15

Tax Rates:10%15%25%

28%33%35%


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Federal Insurance Contribution Act(12.4% of salary up to $87,000 split with employer).

Medicare(2.9% of salary split with employer).

Total Payroll tax for a salaried employee: 7.65%


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Corporate Tax


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Tariff: A tax on imported goods.


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Excise Tax

A federal tax levied on the

consumption of certaingoods

goods related to federal

jurisdiction.


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Estate TaxThe taxation of property

held by an individualat the time of his (her) death.


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First home of the Miami Dolphins


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Joe RobbieDolphins Original Owner

1966 - 1990

Estate Tax: $47 million


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Power to Borrow Money


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Regulate Commerce


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Three types of commerce (trade):

Intrastate commerce

Interstate commerce

International commerce

Congress regulates which two?


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President Bushnominates

Cuban-AmericanCarlos Gutierrez asSecretary of Commerce

November 29, 2004

Chairman of the BoardCEO

Kelloggs


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Gibbons v. Ogden (1824)

The state of New York

and the Federal Governmentwere in conflict aboutregulating steamboat traffic

between New York Cityand New Jersey.


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Gibbons v. Ogden (1824)

The Supreme Court ruled:

Commerce undoubtedlyis traffic,

but it is something more it is intercourse.


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The Supreme Court

ruled in favor ofthe Federal Government.

From Gibbons v. Ogden (1824)

the Federal Government getsthe power to regulate suchcommerce as TV, pipelines,

banking, civil rights violations inprivate businesses, etc.


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Banca = Italian forbench

Banca DItalia

Bankruptcy


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Examples of Types of Bankruptcy

Chapter 7 Debtor sells assets in returnfor discharge of debt.

Chapter 11 Debtor company reorganizesunder court supervision.

Chapter 13 Debtor arranges plan torepay debt.


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United Airlinesfiled for Ch 11 bankruptcy in 2002


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Power to coin money
http://www.usmint.gov/http://www.moneyfactory.com/


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http://www.moneyfactory.com/


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Congress

Declares War
http://upload.wikimedia.org/wikipedia/en/1/17/SVN2.jpg.jpg


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Vietnam
http://upload.wikimedia.org/wikipedia/en/1/17/SVN2.jpg.jpghttp://upload.wikimedia.org/wikipedia/en/1/17/SVN2.jpg.jpg


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War Powers Resolution of 1973

The President may send troops anywhere atanytime for any reason but the President mustinform Congress of troop commitment within

48 hours.

The troop commitment must end in 60 daysunless Congress extends the time.

Congress may end the combat commitment atany time.


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NaturalizationThe legal process by which a person

becomes a citizen of another country.

Th P t l P


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The Postal PowerOld Post Office

Washington, DC


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CongresswomanRos-Lehtinen,Congressman

Diaz-Balartunveiling anew stampof former

CongressmanClaude Pepper


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Copyright is the protection of the

government for literature, music,

pictures, movies, maps, newspapers,

cartoons, paintings, etc.

The Copyright Office is in the Library of Congress
http://www.copyright.gov/


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Patent and Trademark Office

A patent is the protection of the government for theinvention of a machine or a process of manufacturing.

A trademark is the protection of the government for a

word, phrase, symbol, or design that identifies the sourceof the goods of one party.

Departmentof

Commerce
http://www.uspto.gov/


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General Electric


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W i ht d M


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Weights and Measures

Congress created the

National Institute of

Standards and Technology

to gauge time, distance, area,

weights, volume, etc.

Power over Territories
http://www.nist.gov/http://www.nist.gov/http://www.nist.gov/http://www.nist.gov/


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Power over Territoriesand other areas District of Columbia

Puerto Rico

Virgin Islands Guam

American Somoa

J di i l P
http://www.doi.gov/oia/index.html


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Judicial Powers

The Judicial Powers include:


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The Judicial Powers include:

Congress creates all lower federal courts

Congress defines federal crimes andpunishments

The Senate confirms appointments offederal judges

United States District Court


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P f C


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ExpressedPowers

Implied

Powers

Powers of Congress


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Implied Powers

Article I, Section 8, clause 18

Congress shall have PowerTo make all Laws

which shall benecessary and proper

for carrying into Executionthe foregoing Powers .

McCulloch v Maryland (1819)


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McCulloch v. Maryland (1819)

Old Supreme Court chamber located inside the Capitol.

Congress established a national


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Congress established a national

bank in Baltimore, Maryland.


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Maryland placed a tax on all banksnot chartered by Maryland.

The cashier of the U.S. bank,James McCulloch, refused to pay the

Maryland tax.

Two Questions for the


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Two Questions for theSupreme Court:

Is the Bank of the United States

necessary and proper?

Can Maryland tax theBank of the United States?

Is the Bank of the United


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Is the Bank of the UnitedStates necessary and proper?

The Government cancollect taxes,coin money,

borrow money.

Therefore, it isnecessary and proper

for the Governmentto keep the moneysafely in a bankowned by the

Federal Government.


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The state of Maryland cannot

tax the Federal Governmentbecause

the power to taxinvolves the power

to destroy.

The Chief Justice


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The Chief Justice

John Marshall


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Huntington, WVF d d i 183


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Founded in 1837
http://upload.wikimedia.org/wikipedia/en/6/6a/We-are-marshall-lores.jpg


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Amendments

Electoral Duties

Impeachment

Confirm Appointments

Ratify Treaties Investigate

Nonlegislative Powers


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Article VThe Constitution

Congressofficiallyproposes

Amendmentsby a 2/3 votein each house.


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What is the ONLY topic that cannot

be changed by a ConstitutionalAmendment?

No state, without its Consent,

shall be deprived

of its equal Suffragein the Senate.

Article V of the Constitution


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The House of Representativeselects the President

if no candidate receives a majorityin the Electoral College.

The Senate

elects the Vice Presidentif no VP candidate receives a majorityin the Electoral College.


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ImpeachmentImpeachable offenses:

Treason, Bribery, or other Crimes.

The House has the power to impeach to accuse.The Senate has the power to try to judge.

Punishment for conviction is

removal from office.

To date, 17 impeachments and 7 convictions.

C fi A i t t


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Confirm Appointmentsand Ratify Treaties

A Senate committee would hold a hearing to

decidewhether or not to recommend the nominee,or to give its advice and consent of a treaty

to the full Senate


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I ti t P


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Investigatory Power

Iran Contra Affair


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Iran Contra Affair


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1986


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December, 1986

Colonel Oliver North swearing in at the Iran Contra Committee hearing.


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July, 1987
http://en.wikipedia.org/wiki/Oliver_North


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1994
http://en.wikipedia.org/wiki/Oliver_North


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Colonel Oliver North, USMC (retired)
http://premierespeakers.com/1016/index.cfm


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Documents

2. Powers of Congress