Chapter 11- The Powers of Congress

Section 1- Scope of Congressional Powers

• - Congress is limited in power b/c. our government is a limited government, and is federal in form

• - Congress only has those powers delegated to it by the Constitution

• Power is granted in three ways:– 1. Expressed Powers- Specific wording it the

Constitution– 2. Implied Powers- Deduction from expressed

powers– 3. Inherent Powers- Because the U.S. has national

government

Strict vs. Liberal Constitution

• Strict Constructionists– Led by Thomas Jefferson– Insisted Congress should only be able to exercise

its expressed powers• As well as those powers absolutley necessary to carry

out those powers

– they wanted the states to keep as much power as possible

Liberal Constructionists

• - led by Alexander Hamilton• - wanted a liberal/ less strict interpretation of

the Constitution• -overall, Americans have agreed with a broad

reading of the Constitution

Section 2- Expressed Powers of Money and Commerce

• - Commerce Clause• Article I Section 8 Clause 3

– Congress is given the power to tax to provide for the defense and welfare of the country

– Tax- A charge levied by government on persons or property to raise money to meet public needs.• Some taxes are meant not raise money ,like the

protective tarriff

• - Congress’ taxing power has to be used in accordance with other aspects of the Constitution

• Four Provisions:– 1. Congress can only tax for public purposes, not

private benefit– 2. Congress may not tax exports– 3. Direct taxes must be apportioned among states

based on their pop.– 4. All indirect taxes must be the same throughout the

country

Direct & Indirect Taxes

• Direct Tax- A tax that must be paid directly to the government by the person on whom it is imposed.

• Property tax

• Indirect Tax- One first paid by a person then passed on to another.

Borrowing Power

• There is no limit to the amount of money Congress may borrow, and no restriction on the purposes

• Public Debt- All the money borrowed by the federal govt. over the years that hasn’t been repaid.

- Deficit Financing/ Spending- Spending more than you take in, and borrowing to make up the difference.

Commerce Power

• The power of Congress to regulate interstate and foreign trade.

• Limits: 1. Cannot tax exports• 2. Cannot favor the ports of one State over

another• 3. vessels bound to one state don’t have to

pay duties in another

Currency Power

• Congress has the power to coin and regulate money

• Legal Tender- Any kind of money that a creditor mujst by law accept in payment for debts.

• A national currency didn’t exist until 1863.

Section 3- Other Expressed Powers

• Only Congress may declare war. • Congress has the exclusive power to establish

uniform rules of Naturalization

Copyrights & Patents

• Copyright- The exclusive right of an author to reproduce, publish and/or sell his or her creative work.

• Patent- The sole right to manufactuer any new or useful art, machine etc.

• Congress also sets weights and measures.• Eminent Domain- The inherint power to take

private property for public use.

Judicial Powers

• Congress can create all federal courts below the Supreme court, and structure the federal judiciary

• Congress can also define federal crimes, as well as

Review

• What is the difference between copyright and patent?

• What is eminent domain?• What is deficit financing?• Is there a limit to the amount of money

Congress can borrow?• What is the difference between direct &

indirect taxes?

Video

• http://www.youtube.com/watch?v=xzTlpDw-nvg

• - Necessary and proper clause says Congress may do what is necessary and proper to keep the nation running

• McCullough vs. Maryland interpreted as Congress can do what is necessary and convenient to run the Country

• Constitution is just meant to serve as a framework of the laws passed by Congress,

• - this set the precedent for a liberal interpretation of the Constitution

The Implied Powers

• Necessary and Proper Clause- Gives Congress the expressed power to make all laws deemed necessary and proper to run the country.

• Doctrine- A principle or fundamental policy.

Section 5- The Nonlegislative Powers

• Electoral Duties• The House may elect a President if no one

receives a majority in the election• Most choose from the 3 highest contenders and each

state gets one vote• VP vote is by Individual Senators ( requires 51 for

victory) • Has happened twice Thomas Jefferson in 1801, John

Quincy Adams in 1825

Impeachment

• To accuse or bring charges to the President, Vice President or other civil officers.

• The Senate has the sole power to judge and sit as a court at Impeachment cases

• Only requires a majority vote in the House• Conviction requires a 2/3 vote in the Senate• There have been 17 impeachments and 7

removals from office

Other Powers

• Censure- Formal commendation of behavior• Subpoena- Legal order driecting one to appear

in court and/or to produce evidence• Executive Powers– Appointments• All major appointments by the President must be

approved by Senate by majority vote.• Nominations are referred to the appropriate Standing

Committee

Appointments Cont.

• The Committees may then hold hearings to decide whether or not to make a favorable reccomentdation to the Senate

• Senatorial Courtesy comes into play when the Senate can turn down a presidental appointment if it is opposed by a senator of the President’s party from the state involved.

Treaties

• The President needs Senate consent to make treaties.

• A 2/3 vote by the Senate is needed to approve treaties.

• Congress can investigate any matter that falls within its scope of legislative powers.

Investigatory Power

• - Congress exercises such authority through standing committees and their subcommittees,

• Congress conducts investigations for several reasons:

• 1. Gather useful information in the making of legislation• 2. Oversee operations of various executive branch agencies• 3. Focus public attn. on a particular subject• 4. Expose questionable activity/ promote interests