Powers of Congress

Chapter 11

THE SCOPE OF CONGRESSIONAL POWERS

Chapter 11 Section 1

Congressional Power

• Only has powers delegated to it by the Constitution– Expressed: in specific wording– Implied: reasonable deduction from expressed

powers– Inherent: powers held by all national governments

Strict Versus Liberal Construction

• Strict Constructionist: those who insisted that Congress should only be able to exercise its expressed powers and only a few implied powers

Strict Versus Liberal Construction

• Liberal Constructionists: favored a broad construction of the powers given to Congress.

THE EXPRESSED POWERS OF MONEY AND COMMERCE

Chapter 11 Section 2

Article I, Section 8

• This is where the majority of Congress’ powers come from.– 18 separate clauses– 27 different powers explicitly given

The Power to Tax• Tax: a charge levied by

government on persons or property to meet public needs.

• Power is limited– No church taxes– Poll taxes– Only for public purposes– No taxes on exports– Direct taxes must be

apportioned among the states according to their populations

– All indirect taxes must be levied at the same rate in all parts of the country (tobacco)

The Borrowing Power

• The power to borrow money on the credit of the United States– Deficit financing: the US spends more than it

makes– Public Debt: all money borrowed not yet repaid,

plus interest. • http://www.brillig.com/debt_clock/

The Commerce Power

• Congress’ power to regulate interstate and foreign trade

• Gibbons v. Ogden, 1824– New York v. Federal Gov’t with regulation of

steamboats– Court’s ruling ends shipping monopolies based on

commerce

The Currency Power

• The power to coin money and regulate it’s value

• The Bankruptcy Power– Congress may establish uniform laws for

bankruptcy across the U.S.• The distributing of assets to those who one owes debts

OTHER EXPRESSED POWERSChapter 11 Section 3

Foreign Relations Powers

• Many powers expressed• Matters affecting security of nation or

immigration are inherent powers• War Powers– 8 of the listed powers deal with war and national

defense

Other Expressed Powers

• Naturalization: process by which citizens of another country become citizens of the U.S.

• Postal Power: establish post offices, and routes. • Copyrights and Patents:

• The exclusive right of an author to reproduce, publish, and sell his or her creative work.– Life of author, plus 70 years

• The sole right to manufacture, use, or sell “any new and useful art, machine, manufacture, or composition of matter, or any new and useful improvement thereof.” – 20 years, may be extended by act of Congress

Other Expressed Powers

• Weights and Measures: “fix the standard of weights and measures.”– 1838 established pound, ounce, mile, foot, gallon,

quart, etc…– 1866 legalized use of metric– 1901 National Bureau of Standards in Commerce Department

Power Over Territories and Other Areas

• Eminent Domain: the inherent power to take private property for public use.

• May also acquire property through purchase or gift.

• Manage territories– District of Columbia,– Puerto Rico, – Guam, – Virgin Islands

Judicial Powers

• They create all federal courts below the Supreme Court

• Define federal crimes and establish their punishments

THE IMPLIED POWERSChapter 11 Section 4

Necessary and Proper Clause

• Article I, Section 8, Clause 18– Where it draws its implied

powers

• McCulloch v. Maryland, 1819– Supreme Court ruled for

McCulloch under the Necessary and Proper Clause

– Decision written by Chief Justice John Marshall

The Doctrine in Practice

• Doctrine: is a principle or fundamental policy. The doctrine of implied powers has been applied in instances too numerous to count.

THE NON-LEGISLATIVE POWERSChapter 11 Section 5

Electoral Duties

• The House of Representatives may be called to elect a President if no candidate receives a majority of the electoral votes.– 12th Amendment, each state gets 1 vote, must win

majority– Also chose VP, but by individual vote of Senate• Thomas Jefferson 1801, John Quincy Adams 1825• VP Richard M. Johnson 1837

Impeachment

• All civil officers of the U.S. may “be removed from office on impeachment for conviction of, treason, bribery, or other high crimes and misdemeanors.” – Military officers are not considered “civil officers”, nor

are members of Congress.• House has sole power to impeach• Senate has the sole power to try, to judge.• Requires majority vote in House, 2/3 vote in

Senate

Impeachment

• Andrew Johnson 1868• Senate acquit• Based on his breaking a

law that was passed after he vetoed it

• Bill Clinton 1998• Senate acquit• “inappropriate

relationship” with a White House intern

Executive Powers

• Two executive powers given to the Senate– Appointments: all made by President must be

confirmed by Senate• 12 of 600 appointments have been rejected

– Treaties: made “by president with advice and consent of the Senate,….provided two thirds of the Senators present concur.”

Investigatory Power

• May investigate any matter that falls within the scope of its legislative powers.