Where Does Congress’ Power Where Does Congress’ Power Come From?Come From?

Article IArticle I The U.S. Supreme Court tells The U.S. Supreme Court tells

them what they are them what they are not not allowedallowed to do… to do…

Powers of CongressPowers of Congress Congress has 3 kinds of power:Congress has 3 kinds of power:

Expressed – directly written Expressed – directly written in the Constitutionin the Constitution

Implied – reasonably Implied – reasonably assumed based on the assumed based on the expressed powersexpressed powers

Inherent – nowhere in the Inherent – nowhere in the Constitution, but always held Constitution, but always held by national governmentsby national governments

InterpretationInterpretation

There are two major “schools There are two major “schools of thought” on how much of thought” on how much power Congress should have:power Congress should have:

Strict vs. Loose interpretationStrict vs. Loose interpretation

Interpreting the ConstitutionInterpreting the Constitution Strict Constructionist – believe that Strict Constructionist – believe that

Congress should only have the Congress should only have the expressed powers and no moreexpressed powers and no more limited governmentlimited government Individual libertyIndividual liberty is most is most importantimportant

Thomas JeffersonThomas Jefferson

Interpreting the ConstitutionInterpreting the Constitution Liberal Constructionist (living Liberal Constructionist (living

constitution) – believe that we should constitution) – believe that we should interpret the Constitution loosely, so interpret the Constitution loosely, so that Congress could have that Congress could have more more powerpower Support an active, larger Support an active, larger

governmentgovernment Alexander HamiltonAlexander Hamilton

I hate you.

Get out of my face, Dawg.

Expressed Powers: Money and Expressed Powers: Money and CommerceCommerce

Congress is given the Congress is given the expressed power to “lay and expressed power to “lay and collect taxes”collect taxes”

Tax – charge levied by Tax – charge levied by government on people or government on people or property to meet public needsproperty to meet public needs

What are the Limits to the What are the Limits to the Taxing Power?Taxing Power?

Cannot be for Cannot be for private benefitprivate benefit Cannot tax Cannot tax exportsexports Direct taxes must be paid to Direct taxes must be paid to

states states equally according to equally according to populationpopulation

All All indirect taxes indirect taxes must be the must be the same across the countrysame across the country

2 Kinds of Taxes2 Kinds of Taxes

Direct Tax – paid by the Direct Tax – paid by the person it is imposed uponperson it is imposed upon Income tax, Property taxIncome tax, Property tax

2 Kinds of Taxes2 Kinds of Taxes

Indirect tax – imposed on one Indirect tax – imposed on one person, but paid by anotherperson, but paid by anotherCigarette Tax, Gas TaxCigarette Tax, Gas Tax

Expressed Powers: Expressed Powers: BorrowingBorrowing

Congress has the power “to Congress has the power “to borrow money on the credit borrow money on the credit of the United States”of the United States”

We do this A We do this A LOT!!!!!!!!!!!!!!!!!!!!LOT!!!!!!!!!!!!!!!!!!!!

Deficit and DebtDeficit and Debt

Deficit – the amount of money Deficit – the amount of money spent over budget that must be spent over budget that must be borrowed this yearborrowed this year Deficit for 2012 - $1.7 Deficit for 2012 - $1.7

trillion !!!!! Nearly tripled in trillion !!!!! Nearly tripled in less than a decadeless than a decade

Deficit and DebtDeficit and Debt

Debt – grand total of all money Debt – grand total of all money borrowed and still owed to this borrowed and still owed to this

point, plus point, plus interestinterestDebt in 2013 – Over Debt in 2013 – Over $17,100,000,000,000$17,100,000,000,000

Expressed Powers: Expressed Powers: CommerceCommerce

Congress has the power to “regulate Congress has the power to “regulate commerce with foreign nations, and commerce with foreign nations, and among the several states, and with among the several states, and with the Indian tribes”the Indian tribes”

Read onlyRead only This power gets used to do This power gets used to do all all

sorts of other seemingly sorts of other seemingly unrelated thingsunrelated things

For Example:For Example: Passing the Civil Rights Act of Passing the Civil Rights Act of

1964, prohibiting racial 1964, prohibiting racial discriminationdiscrimination

Building highways and freewaysBuilding highways and freeways Building hydroelectric damsBuilding hydroelectric dams This is all a result of Gibbons v. This is all a result of Gibbons v.

Ogden, 1824Ogden, 1824

Gibbons v. Ogden, 1824Gibbons v. Ogden, 1824Read onlyRead only

New York had given Robert New York had given Robert Fulton exclusive rights to Fulton exclusive rights to operate a steamboat on the operate a steamboat on the Hudson RiverHudson River

Fulton gave Ogden a permit to Fulton gave Ogden a permit to operate the steamboat for himoperate the steamboat for him

Gibbons had a license from the Gibbons had a license from the U.S. government to operate a U.S. government to operate a steamboat in the same areasteamboat in the same area

What are the Constitutional What are the Constitutional Issues?Issues?

Read only Read only Whose permit is supreme?Whose permit is supreme? What does “commerce” mean?What does “commerce” mean?

In to Save the Day…In to Save the Day…

Gibbons v. Ogden, 1824Gibbons v. Ogden, 1824

The court interpret The court interpret “commerce” very broadly“commerce” very broadly

Virtually all commercial Virtually all commercial interactionsinteractions

Thus, Congress can regulate Thus, Congress can regulate just about anything…just about anything…

Expressed Powers: CurrencyExpressed Powers: Currency Currency – coins & paper bills Currency – coins & paper bills

used as moneyused as money U.S. Currency is now legal U.S. Currency is now legal

tender – the government tender – the government requires all people to accept requires all people to accept it as paymentit as payment

Expressed Powers: Expressed Powers: BankruptcyBankruptcy

Congress has Congress has the power to the power to “establish “establish uniform Laws on uniform Laws on the subject of the subject of Bankruptcies”Bankruptcies”

Expressed Powers: Expressed Powers: BankruptcyBankruptcy Bankruptcy – Bankruptcy –

person is declared person is declared incapable of incapable of repaying debts, so repaying debts, so all their assets are all their assets are distributed to the distributed to the people they owe, people they owe, and then they are and then they are free of debtfree of debt

I’ve lost everythin

g!

Expressed Powers: Foreign Expressed Powers: Foreign RelationsRelations

Declare warDeclare war However, they However, they

have abdicated have abdicated the power to the power to wage wage war to war to POTUSPOTUS

When ???When ???

How Congress Lost This How Congress Lost This PowerPower Congress passed Congress passed the Gulf of Tonkin the Gulf of Tonkin Resolution, allowing Resolution, allowing the LBJ to use troops the LBJ to use troops without Congress’ without Congress’ permissionpermission

Tried to take power Tried to take power back with War back with War Powers Resolution Powers Resolution (1973)(1973)

Read onlyRead onlyWhy Would Congress Do Why Would Congress Do

This?This?

Congress doesn’t want to accept Congress doesn’t want to accept responsibility for mistakesresponsibility for mistakes

Other Expressed PowersOther Expressed Powers NaturalizationNaturalization – setting the – setting the

rules to become a citizenrules to become a citizen PostalPostal Power Power CopyrightsCopyrights and and PatentsPatents WeightsWeights and and MeasuresMeasures – –

making sure they’re uniform making sure they’re uniform nationallynationally

Other Expressed PowersOther Expressed Powers Power over territories – Congress Power over territories – Congress

decides whether territories decides whether territories become states or notbecome states or notEminent Domain – Congress Eminent Domain – Congress can take can take private property for private property for public usepublic use

Judicial Power – Congress sets up Judicial Power – Congress sets up the court systemthe court system

Implied PowersImplied PowersRead onlyRead only

Where do implied powers Where do implied powers come from? – come from? – The The Necessary & Proper Necessary & Proper ClauseClause

Tells Congress they can make Tells Congress they can make anyany laws for carrying out laws for carrying out their expressed powerstheir expressed powers

McCulloch v. Maryland McCulloch v. Maryland (1819)(1819)

Read only but on final !!!Read only but on final !!!

First case that tested the First case that tested the Necessary and Proper ClauseNecessary and Proper Clause

Congress created a national Congress created a national bank, and Maryland hated itbank, and Maryland hated it

Maryland placed a tax on all Maryland placed a tax on all national bank transactions to national bank transactions to try and put it out of businesstry and put it out of business

In to Save the Day…In to Save the Day…

Read onlyRead onlyJohn Marshall and the Court John Marshall and the Court

Say:Say: So long as Congress hold to the So long as Congress hold to the spirit spirit of the Constitution, are okayof the Constitution, are okay

Established the Supremacy ClauseEstablished the Supremacy Clause Question ???????Question ??????? Strict or liberal constructionist Strict or liberal constructionist

position ?position ? Since Since McCullochMcCulloch, Congress has used , Congress has used

many implied powersmany implied powers

Non-legislative PowersNon-legislative Powers Propose Constitutional Propose Constitutional

Amendments with 2/3 vote in Amendments with 2/3 vote in both housesboth houses

House of Reps. chooses the House of Reps. chooses the president if no candidate gets president if no candidate gets a a majoritymajority in the electoral in the electoral collegecollege

Non-legislative PowersNon-legislative Powers Impeachment – Impeachment –

means to means to bring bring criminal criminal charges charges againstagainst

Impeachment Impeachment requires requires majority votemajority vote in in the the HouseHouse

Non-legislative PowersNon-legislative Powers After House After House

votes, trial in votes, trial in Senate Senate begins…begins…

Chief Justice Chief Justice acts as judge, acts as judge, Senate acts as Senate acts as juryjury

Non-legislative PowersNon-legislative Powers A conviction, A conviction,

which would which would remove the remove the POTUS from POTUS from office, requires office, requires a a 2/32/3 votevote in in the the SenateSenate

Executive PowersExecutive Powers

Appointment – Appointment – POTUS appoints POTUS appoints officials with officials with majority majority approval of approval of SenateSenate

Executive PowersExecutive Powers

Treaties – President Treaties – President makes treaties, but makes treaties, but Senate must approve Senate must approve with 2/3 votewith 2/3 vote

Dr. Condi RiceDr. Condi Rice

Ex-Sec. of State & NSAEx-Sec. of State & NSA