Download The Legislative Branch: Powers of Congress

The Legislative Branch:
Powers of Congress
Chapter 11
American Government
Ms. Powers
The Legislative Branch:
Powers of Congress
Section I: The Expressed Powers of
Money & Commerce
The Delegated Powers
Congress has only those powers
delegated (given) to it by the
Constitution
• There is much that Congress can
NOT do (Ex: create national
schools, require people to vote or
go to church, or set drivers
licenses ages)
However Congress does have a
number of powers granted to it…
1. Expressed Powers
2. Implied Powers
3. Inherent Powers
The Expressed Powers
Expressly written in the Constitution…
• There are 27 expressed powers (Article ! Section 8)
• These powers are brief in nature
This means that the meaning of these powers are found…
• In the ways in which Congress
has actually used its powers
since 1789
• In Supreme Court Case Rulings
The Commerce Power
Commerce Power: The power of Congress to regulate
interstate & foreign trade
• Prompted the open-market system we have today
• More responsible for the building of a strong and United
States out of the weak confederation than ANY other
provision in the Constitution
Gibbons v. Ogden (1824):
• Initiated the courts “sweeping” definition of Commerce
• Definition of what commerce is is extremely broad
Limits on the Commerce Power
Four Limits on on the Commerce Power:
The Constitution states that Congress…
1. Cannot tax exports
2. Cannot favor the ports of one State over another (in trade
regulation)
3. Cannot require that vessels bound to one state be obliged
to enter, clear, or pay duties in another
4. Could not interfere with the slave trade until the year
1808
The Power to Tax
The Constitution gives Congress… “the power to lay & collect
taxes, duties, imposts, and excise, to pay the debts and
provide for the common defense & general Welfare of the
United States…”
Why Tax?
• The Federal Government takes in over $2.1 Trillion dollars
per year
• 95% of that comes from taxes levied by Congress
What is a tax:
A charge levied by government on persons or property to
raise money to meet public needs
• Taxes are also raised to protect the public health, safety, &
domestic industry
Limitations on Taxes
Four Limits on Congressional Taxes:
1. Congress may tax for public purposes, not for private
benefit
2. Congress may NOT tax exports
3. Direct taxes must be apportioned among the States
according to their populations
4. All indirect taxes levied by the Federal Government must
be levied at the same rate in every part of the country
The Borrowing Power
Congress has the power to “borrow Money on the credit of
the United States”
• NO LIMIT on the amount of money Congress can borrow
Public Debt: All of the money borrowed by the Federal
Government over the years and not yet repaid, plus interest.
Can you guess the public debt?
• $16 TRILLION DOLLARS
Deficit Financing
For years the Federal Government has practiced… Deficit
Financing: Spending more than it takes in each year and
then borrowing money to make up the difference
John Green: The National Debt
• Great Depression 1930’s
• WWII
President Bill Clinton & the Republican led Congress of
those years did do a lot to curb the debt
• 1998-2002 = Budget SURPLUSES
• Since 2002 = Deficit
Clinton's Presidency
The Currency Power
Congress has the power “to coin Money & regulate the
Value thereof”
• The States are expressly denied this power
Why would the Constitution give the power to coin money
to Congress?
• The Framers agreed on the need for a single, national
system of “hard money”
• This applies to all the States
The Legislative Branch:
Powers of Congress
Section II: The Other Expressed
Powers of Congress
The War Powers
Congress & the President share the War Powers but…..
Only CONGRESS can declare war
• Congress has the power to raise & support armies, to
provide & maintain a navy, & to make rules for the
governing of the nation’s military forces
War Powers & the President
Despite the fact that only Congress can declare war, several
of our President’s have use the armed forces abroad in
combat without congressional declaration of war
War Powers Resolution: (1973) Designed to LIMIT the
President’s war-making powers
• Nixon & Johnson’s actions during the Vietnam War
prompted this resolution
Nixon's Secret Bombings in Cambodia
Resolution: President can only send military abroad if…
1. Congress has declared war
2. Congress has specifically authorized a military action
3. When an attack on the United States has occurred
Domestic Powers
Domestic Powers of Congress
Include:
• Copyrights & patents
• The Postal Powers
• Territories/Eminent Domain
• Weights & measures
• Naturalization
• Judicial Powers
Eminent Domain
Eminent Domain: The power of the Federal
Government to take private property for public use
Rules:
1. Property must be used for public reasons
2. Proper notice given to owner
3. For a fair price
The Legislative Branch:
Powers of Congress
Section III: The Implied Powers
The Necessary & Proper Clause
States that: Congress may make all laws that are necessary &
proper in order to carry out the Expressed powers
• This allows Congress to choose the means for carrying into
execution its expressed powers
• The Elastic Clause
Historically the MEANING of the Elastic Clause was a subject of
controversy & disputes…
• What implied powers under the elastic clause SHOULD
Congress have???
• What does the elastic clause really mean
2 Approaches:
1. Strict Constructionist
2. Liberal Constructionist
Strict vs. Liberal Construction
Strict Constructionists: (Anti-federalist position & Thomas
Jefferson) Insisted that Congress should be able to exercise…
1. Its expressed powers
2. ONLY those implied powers absolutely necessary to carry
out those expressed powers
States SHOULD keep as much power as possible
Liberal Constructionists: (Federalist position & Alexander
Hamilton) Favored a liberal interpretation of the Constitution
1. Broad implied powers should be given to Congress
2. “An energetic government”
Liberal Construction has led to a LARGE National
Government
The Necessary & Proper Clause in
Practice
The Necessary & Proper Clause has
virtually eliminated the need for
Constitutional Amendments
• Today “necessary & proper” really
means “convenient & useful”
Over the years, Congress has MOST
often found a basis for the exercise of
implied powers in…
1. The Commerce Power
2. Power to tax & spend
3. The War Powers
The Commerce Clause
Gives Congress the power to… regulate both foreign & interstate
trade
The application of the Necessary & Proper Clause to the
Commerce Power has changed the very definition of the word
commerce as it applies to Congressional Powers
Commerce: Today can be defined as “Virtually EVERY form of
economic activity” (Production, distribution, & consumption)
The Legislative Branch:
Powers of Congress
Section IV: The Non-legislative
Powers
Constitutional Amendments
Remember… Congress may propose amendments
by a two-thirds vote in each house
• All 27 Amendments have been proposed this way
Electoral Duties
IF no candidate receives a majority vote from the
electoral college the HOUSE chooses the President
• Magic number = 270
Congress fixes the….
Presidential Line of Succession:
President  Vice President  Speaker of the House
 President pro tempore
Impeachment
Constitution states that… “The President, VP, & all
civil officers of the United States may be removed
from Office on Impeachment for, and Conviction of,
Treason, Bribery, or other high Crimes &
Misdemeanors”
• The HOUSE has the sole power to Impeach: Bring
charges against the official
• The SENATE has the sole power to try: or judge the
official
Clinton's Impeachment
Presidential Impeachments
1. Andrew Johnson (turmoil following Civil war)
– Unsuccessful, short by ONE vote
2. Richard Nixon (Watergate scandal)
– Resigned prior to certain impeachment
3. Bill Clinton (Innappropriate relationship)
– Accused of perjury (lying under oath)
– Accused of obstruction of justice
– Was NOT impeached
– Censure: a formal condemnation of behavior
Executive Powers
The Constitution gives Congress Two Executive Powers
1. Senate must confirm major Presidential appointments
2. Approve treaties by 2/3 of Senate
Republicans Preventing Scalia Replacement
Timeline of SCOTUS Appointments