chapter 11: powers of congress

Chapter 11: Powers of CongressChapter 11: Powers of Congress

Copyright © Pearson Education, Inc. Slide 2Chapter 11, Section 1

Delegated PowersDelegated Powers

• There are three types of powers granted by the Constitution.– Article I gives 27

specific powers to Congress.

• The Constitution also denies many powers to Congress, banning some and reserving others to the states.


The Power to TaxThe Power to Tax

• Most government taxes on people or property are levied to raise money for public needs.

– In what way does this cartoon show a negative attitude toward taxes?


Fiscal Cliff DealFiscal Cliff Deal

• It makes permanent the Bush administration's tax cuts for individuals earning less than $400,000 per year and couples earning less than $450,000.

• It raises rates on those who make more than that from 35% to 39.6%, bringing back a top tax bracket from the Clinton administration

• will raise roughly $600 billion in new revenues over 10 years, according to various estimates.

• The bill also extends unemployment insurance and delays for two months

• What was eliminated – Payroll Tax Cut

What was avoided – Spending Cuts and Tax increases = Possibly another recession

What wasn’t solved – Debt Ceiling Question – How much can the Government borrow???

“Heroes” of the Negotiations – Mitch McConnell and Joe Biden


Other parts of Fiscal Cliff DealOther parts of Fiscal Cliff Deal

• Unemployment benefits are extended for an additional year benefiting approximately 2 million out of work Americans.

• Tax credits for college tuition, created by the 2009 stimulus package, are extended for five year, benefiting some 25 million low income families.

• The “doctor fix” is included meaning that Medicare providers will not face a serious cut in pay.

• The Alternative Minimum Tax problem is permanently fixed removing a potential tax danger for middle class families.

• A number of existing business tax benefits will remain in place for another year, including renewable energy tax credit which is extended for an additional year.

• The $900 per year salary raise recently signed into existence by President Obama for members of Congress is revoked.


Limits on TaxationLimits on Taxation

• Congress can tax only for public needs, not for the benefit of private businesses or individuals.

• Congress cannot tax exports.

• Direct taxes, except for income taxes, must be divided among the states in proportion to their populations.


BorrowingBorrowing

• There are no constitutional limits on how much money Congress can borrow or for what purposes.

• The Treasury borrows money by issuing securities like T-bills and bonds that it promises to repay later with interest.

• Congress routinely spends more than it takes in, borrowing money to make up the difference. This deficit spending increases the public debt.


Expressed PowersExpressed Powers

Security against foreign danger:

Regulation of the intercourse with foreign nations:

Clause 1: levy taxes, duties, and excises

Clause 1: regulate foreign commerce

Clause 2: borrow money Clause 10: define and punish crimes committed on the high seas and offenses against the law of nations

Clause 11: declare war

Clause 12, 13, 14: raise regulate, and provide for armies and navies

Clause 15 and 16: organize, arm, discipline, and call forth the militia to execute federal laws, suppress uprisings, and repel invasions


Maintenance of harmony and proper intercourse with the States:

Clause 3: regulate commerce among the several States and the Indian tribes

Clause 4: establish a uniform rule of naturalization and uniform laws of bankruptcy

Clause 5: coin money, regulate the value of domestic and foreign coin, fix the standard of weights and measures

Clause 6: provide for the punishment of counterfeiting

Clause 7: establish post offices and and post roads

Expressed Powers, cont.Expressed Powers, cont.


Miscellaneous objects of general utility:

Provisions for giving due efficacy to all these powers:

Clause 8: establish patent and copyright laws

Clause 18: The Necessary and Proper Clause

Clause 17: legislate for the seat of the federal capital and other federal territories

Expressed Powers, cont.Expressed Powers, cont.


IntroductionIntroduction

• How has the doctrine of implied powers increased the powers of Congress?

– The Necessary and Proper Clause has been interpreted in a way that gives Congress many powers not specifically mentioned in the Constitution.

• For example, the Commerce Clause has been interpreted to let Congress pass laws on many economic activities.


Necessary and Proper ClauseNecessary and Proper Clause

• The final clause of Article I, Section 8 of the Constitution says Congress has the power:

– “To make all Laws which shall be necessary and proper for carrying into Execution the foregoing Powers, and all other Powers vested by this Constitution in the Government of the United States, or in any Department or Officer thereof.”


Implied PowersImplied Powers

• Also called the Elastic Clause, this clause allows Congress to decide how it should carry out the many powers given to it by the Constitution.

• In doing so, Congress has given itself implied powers not mentioned in the Constitution. It has argued that these implied powers are needed to fulfill its other duties.


Implied Powers of CongressImplied Powers of Congress

• Many of the laws of Congress makes today stem from the Necessary and Proper Clause.

• The Framers could not have made provisions for every situation that might arise in the modern world.

– Without its implied powers, how effectively could Congress address new situations?


The expressed power to lay and

collect taxes

Implies the power to:

• Punish tax evaders

• Regulate (license) some commodities (such as alcohol) and outlaw the use of others (such as narcotics)

• Require States to meet certain conditions to qualify for federal funding

The expressed power to borrow

money

Implies the power to establish the Federal Reserve Systems of banks

The expressed power to create

naturalization law

Implies the power to regulate and limit immigration


The expressed power to raise

armies and a navy

Implies the power to draft Americans into the military

The expressed power to regulate

commerce


• Establish a minimum wage

• Ban discrimination in workplaces and public facilities

• Pass laws protecting the disabled

• Regulate banking

The expressed power to

establish post offices


• Prohibit mail fraud and obstruction of the mails

• Bar the shipping of certain items through the mail


Strict ConstructionStrict Construction

• Checkpoint: What was the argument of the strict constructionists?

– Anti-Federalists supported strict construction, arguing that Congress should only be able to use implied powers that are absolutely necessary to carry out its expressed powers.

– Strict constructionists such as Thomas Jefferson wanted to protect the independence and power of state governments from a national government with too many implied powers.


Liberal ConstructionLiberal Construction

• Liberal constructionists took the Federalist view that the Constitution should be interpreted broadly, strengthening the national government by giving it a wide range of implied powers.

• The Supreme Court upheld the idea of implied powers in McCulloch v. Maryland in 1818.

• Since then, the liberal constructionist view has dominated and federal power has grown.


Expanding PowersExpanding Powers

• Major crises have placed more responsibility on the national government.

• Citizens have demanded more services from the government.– Congress established

the United States Border Patrol to guard the nation’s borders.


Expanding Powers, cont.Expanding Powers, cont.

• Congress, the President, and the Supreme Court have all supported increased powers for the national government.

• Implied powers allow the federal government to adapt to changes in society and technology that the Framers could not have anticipated.

• For example, while Education is an area expressly delegated to the States, Congress has used its implied powers to make legislation affecting schools.


Congress and EducationCongress and Education

• Title III of the Civil Rights Act authorized the attorney general to issue civil suits against discriminatory school in the United States.

• Title IX of the Education Amendments to the Civil Rights Act forbids gender discrimination in federally funded education programs.

• The Individuals with Disabilities Education Act is designed to prevent discrimination and enable individuals with disabilities to participate fully in all aspects of education.


The Commerce PowerThe Commerce Power

• The Commerce Clause is now defined to include the production, buying, and selling of goods as well as the transportation of people and goods.

– Using implied powers derived from the Commerce Clause, Congress can regulate manufacturing, wages, food and drugs, and more.

– Congress can also build interstate highways, set consumer protection laws, and protect the environment.


IntroductionIntroduction

• How do committees help Congress do its work?

– Standing committees review and modify bills and decide if they should be reported to the floor for a vote. Subcommittees then do much of the work of reviewing a bill.

– Joint committees coordinate the efforts of both houses on key issues, while select committees conduct special investigations.


Standing CommitteesStanding Committees

• When a bill is introduced in either house, it is referred to the standing committee that deals with the subject matter of that bill. The fate of most bills is decided in committee rather than on the floor of either house.


Standing Committees, cont.Standing Committees, cont.

• Members of each standing committee are elected by a floor vote at the beginning of each term of Congress.

– Each House committee has from 10 to 75 members, while Senate committees have from 14 to 28 members.

– Representatives usually serve on one or two standing committees, while senators serve on three or four.

– Committee chairmen are chosen according to the seniority rule.


• Today the House has 20 standing committees.

• The most influential House committees are Rules, Ways and Means, Foreign Affairs, Armed Services, Judiciary, Agriculture, and Appropriations.



• Today the Senate has 16 standing committees.

• The most influential Senate committees are Armed Services, Finance, Judiciary, Foreign Relations, Appropriations, and Banking, Housing, and Urban Affairs.



SubcommitteesSubcommittees

• Most standing committees are divided into more specific subcommittees, which do much of the work of researching and reviewing bills.

– There are 99 subcommittees in the House and nearly 70 in the Senate.

– The subcommittees relay their findings to the main committee.


The House Rules CommitteeThe House Rules Committee

• The House Rules Committee controls which bills make it to the floor of the House.

• Bills that leave their standing committee must then be scheduled for floor consideration by the Rules Committee.

• This power lets the Rules Committee speed, delay, or block House action on a measure.


• Congressional committees and subcommittees often conduct investigations into public issues.

• They may do so to gather information, to ensure that federal agencies are following the law, or to raise public awareness.

Investigation and OversightInvestigation and Oversight


Select CommitteesSelect Committees

• Checkpoint: What is a select committee?

– Select or special committees are typically temporary panels set up to investigate a specific issue.

– The Senate Watergate Committee investigated the Watergate scandal.

– The Iran-Contra Committee examined the arms-for-hostages deal and illegal aid to the Contras.

– The Senate Committee on Indian Affairs uncovered corruption tied to lobbyists for Native American tribes.


Joint Committees, cont.Joint Committees, cont.

• Joint committees include members from both houses.

• Those shown in the chart are permanent groups, while others are select committees.


Conference CommitteesConference Committees

• Checkpoint: What is the difference between a joint committee and a conference committee?

– Joint committees coordinate the efforts of each house of Congress on specific subjects and help administer shared functions.

– Conference committees are temporary, joint panels formed to create a compromise bill when each house has passed a different version of a bill.


What are PACs??? Political Action Committee (PAC) — A popular term for a political committee organized for the purpose of raising and spending money to elect and defeat candidates. Most PACs represent business, labor or ideological interests. PACs can give $5,000 to a candidate committee per election (primary, general or special). They can also give up to $15,000 annually to any national party committee, and $5,000 annually to any other PAC. PACs may receive up to $5,000 from any one individual, PAC or party committee per calendar year. A PAC must register with the FEC within 10 days of its formation, providing name and address for the PAC, its treasurer and any connected organizations. Affiliated PACs are treated as one donor for the purpose of contribution limits.

PACs have been around since 1944, when the Congress of Industrial Organizations (CIO) formed the first one to raise money for the re-election of President Franklin D. Roosevelt. The PAC's money came from voluntary contributions from union members rather than union treasuries, so it did not violate the Smith Connally Act of 1943, which forbade unions from contributing to federal candidates. Although commonly called PACs, federal election law refers to these accounts as "separate segregated funds" because money contributed to a PAC is kept in a bank account separate from the general corporate or union treasury.

Top PACs


What is a Super PAC?

A new type of PAC was created after the U.S. Court of Appeals decision in Speechnow v. FEC in 2010. These PACs make no contributions to candidates or parties. They do, however make independent expenditures in federal races - running ads or sending mail or communicating in other ways with messages that specifically advocate the election or defeat of a specific candidate. There are no limits or restrictions on the sources of funds that may be used for these expenditures. These committees file regular financial reports with the FEC which include their donors along with their expenditures. View the current list of super PACs.


Top Lobbyists

Lobbyist and Lobbying

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chapter 11: powers of congress

Documents

tax increases

tax credits

tax bracket

money congress

potential tax danger

payroll tax cutwhat

additional year

bush administrations