POWERS OF CONGRESS

Chapter 11

SECTION I

The Scope of Congressional Powers

CONGRESSIONAL POWERS Powers delegated from the Constitution

Many denials come from the lack of wording on an issue

Powers hampered by Federal System Congress Cannot (Examples)

Establish a Nat’l public school systemRequire people to vote or attend churchSet marriage/driver’s license ageAbolish courtsCensor media

…CONTINUED Review of Powers

Expressed Powers Explicitly stated

Implied Powers Found through reasonable deduction

Inherent Powers Established because the National Government exists

CONSTRUCTIONISTS Framers wanted to establish a strong

national government Criticism of the Constitution persisted

into the early Republic years Federalist & Anti-Federalists established

two view pointsStrict ConstructionistLiberal Constructionist

STRICT CONSTRUCTIONISTS

Early leadership found in Thomas Jefferson

Felt Constitution should operate under expressed and those vital implied powers

Saw benefits of a National Defensive system and protection of interstate trade

Wanted states to retain powerStates could best serve the citizens

LIBERAL CONSTRUCTIONISTS

Leadership in Alexander Hamilton Felt the Country needed “an energetic

government” Prevailing view point, gained momentum

over the centuries Ideas have shaped dealings with war,

economic crisis, etc. American people have demanded more

services People want a broader view of government General consensus

President & Supreme Court generally have taken this view point

SECTION II

The Expressed Powers of Money & Commerce

THE POWER TO TAX Article I, Sec. 8, Clause 1

Congressional power to lay and collect taxes and duties

Articles of Confederation did not allow Congress to taxStates would be asked to send fundingNo state ever came close to meeting

funding needs Lack of taxing power a major push to

create the Constitution

THE PURPOSE OF TAXES In 2013: Government will collect app.

2.7 Trillion dollars in taxes Tax levied against a person or property

to raise money to meet public needs Other tax example:

“Protective Tariff” Collects limited funds Main goal is to protect domestic industry

Gov. regulation on narcotics Only those licensed may manufacture, sell, or

deal in those drugs Licensing is a form of taxation

LIMITS ON THE TAXING POWER

Congress does not have free rein to taxBound by

Constitutional parameters

Government cannot tax church services First amendment

violationGovernment may not

issue a poll tax 24th amendment

violation

…CONTINUED Four limitations on taxing power

Congress can only tax for public benefit and not private gain

Congress may not tax exports Direct taxes must be apportioned to the States by

populationGoes directly to the Government Income tax is a direct tax that is not based on

populationWealth is not evenly distributed across the U.S.

Indirect taxes must be consistent across the countryGasoline, alcohol, & tobacco Indirect taxes follow through the system

Tobacco tax paid by tobacco company, costs passed on to the wholesaler who then passes it on to the consumer

THE BORROWING POWER No Constitutional limit on the amount of

money that can be borrowed or on the purpose

Statutory ceiling on public debt limitsPublic debt is borrowed money that is

unpaid plus interestNational debt app. 17 trillion dollarsCongress can raise the debt ceiling (recent

event) Deficit financing has been practiced

Spending more than is taken in annually

…CONTINUED Balanced Budget Act of 1997

Passed with Congress and President ClintonVowed to eliminate deficit financing by

2002Met goal in 1998, 1999, 2000, and 2001Economy was booming, economic surplus

Deficit again is an issuesSharp decrease in the economyTax cuts under the Bush administrationGlobal war on terrorismBudget shortfall in 2007: $205 billion

THE COMMERCE POWER Power of Congress to regulate interstate

and foreign trade Weak interstate trading system under

the A of CBickering between statesForeign agreements made by statesNo governmental control

Constitution called for Congress to begin regulating tradeArticle I, Section 8, Clause 3The Commerce Clause

LIMITS ON COMMERCE POWER

Commerce Power is not unlimited Four explicit limits

Cannot tax exports (Article I, Section 9, Clause 5)

Cannot favor the ports of one State over those of any other in the regulation of trade (Article I, Section 9, Clause 6)

Cannot require vessels to pay duties in another state (Article I, Section 9, Clause 6)

Could not interfere with the slave trade until at least 1808 Part of the Slave Trade Compromise Dead for nearly two centuries

THE CURRENCY POWER Congress allowed to coin/print money

Denied to the States Currency system collapsed after the

Revolution Early attempts at currency lead to useless

bills Each of the 13 States could issue their own

money Poor printing practices and circulation of

English and Spanish currency Bank of the United States charted in 1791

Power to issue paper currency

…CONTINUED Legal tender did not come until 1863

Could not be redeemed for gold or silver States chartered banks issued currency

which competed with Nat’l moniesTax soon eliminated private bank notes

Supreme Court struck down printing of paper money in 1870“to coin” meant to stamp metalDecision overturned by 1884

SECTION III

Other Expressed Powers

FOREIGN RELATIONS POWERS

Shared powers with the President This power is denied to the States

States are not sovereign Powers stem from various expressed

powers & inherent powers Examples

War PowersForeign CommerceRegulation of Immigration

WAR POWERS Article I, Section 8 This power is shared with the executive Congress may…

Declare War Raise/Support an army Provide/Maintain a navy Make military rules Call a militia Grant legalized piracy (letters of marque &

reprisal) War Powers Resolution of 1973

Congress can restrict forces where a state of war does not exist

THE POSTAL POWERS Congress may establish Post Offices &

Postal Roads Credited founder- Ben Franklin 38,000 offices, branches, & stations Establish crimes against the postal

system Illegal to obstruct the mail, commit fraud, or

commit a crime through the mail Prohibition on mailing certain items States cannot interfere or tax the Postal

Service

COPYRIGHT & PATENTS Copyright

Right of a author to reproduce, publish, or sell their creation

Registration through the Copyright Office in the Library of Congress

Copyright lasts the life of the author plus 70 years

The Office does not enforce protection of copyright Owner must handle these matters

…CONTINUED Patents

Grants person sole right to manufacture, use, or sell a new product

Patent lasts for 20 yearsPatents & Trademark

Office of the Department of Commerce

WEIGHTS & MEASURES Reflects need for accurate/uniform

gauges onTime, distance, area, weight, volume, etc.

1838-English system of measurement enacted

1866-Congress legalized Metric System 1901-Creation of the Nat’l Bureau of

StandardsNat’l Institute of Standards & Technology

POWER OVER LAND Congress has power to manage land

DC & Territories Military Bases Prisons Post Offices & Federal Buildings Parks

Acquire property through purchase or gift Eminent Domain-taking of private property

for public use Gain territory from a foreign state

Admit a new state War Powers Treaty-making

JUDICIAL POWERS Create federal courts below Supreme

Courts Structure of Federal Judiciary Define federal crimes & punishments Four defined federal crimes

CounterfeitingPiracyOffense of International lawTreason

Implied powers used to create hundreds of other federal crimes

NATURALIZATION Naturalization

Process which a foreign born person becomes a citizen of the United States

Approximately 11 million naturalized US citizens

SECTION IV

Implied Powers

IMPLIED POWERS Those powers that are found through

deductionNot explicitly stated

Example:Education

Not mentioned in the Constitution Federal Government still appropriates, sets aside

funds for a specific use, to fund education

NECESSARY & PROPER CLAUSE

“Elastic Clause” Allows Congress to

create laws to run the government

Allowed Congress to change and adapt over time

Alexander Hamilton a major support of the “Necessary & Proper Clause”

BATTLE OVER IMPLIED POWERS

1790 Alexander Hamilton urges the creation of a

Nat’l Bank Opponents stated that the Con. did not give

Congress the power to establish the bankStrict Constructionist: Government should run

on those powers that are absolutely necessaryHamilton (liberal): Looked to the “Necessary &

Proper Clause” Congress had the power to create the bank Reasonably related to exercise of expressed powers Argued banks would help with; taxing, borrowing,

commerce, & currency

…CONTINUED Strict Con. Felt that the bank

would give Congress too much powerThreatened the States

Hamilton triumphedNat’l Bank est. 1791Charter set to expire in 1811Bank remained unchallenged in the

courts for 20 years

MCCULLOCH VS. MARYLAND

1816 Second Nat’l Bank established

Chartered after a hard-fought battle Opponents of the bank worked with

state legislatures to cripple the bank 1818-Maryland placed tax on issuances

from non-State chartered banksMain target: Nat’l Bank

James McCulloch, bank cashier, issued notes without paying the tax

…CONTINUED McCulloch brought up on charges Maryland won state court judgment U.S. appealed to Supreme Court on

McCulloch’s behalf Opposing Sides

Maryland- Strict Con. Ideas, Felt bank was unconstitutional

U.S.- Liberal Con., Bank est. under implied powers, State could not tax a Federal agency

Supreme Court reversed Maryland decision Bank constitutional under “N & P Clause” Court approved of implied powers

DOCTRINE INTO PRACTICE Doctrine- principle of

fundamental policy “N & P Clause” has become the

“Convenient & Useful Clause” Examples

Louisiana Purchase under Jefferson

Army conscription

Congress still has restraints in place

SECTION V

Non-Legislative Powers

CONSTITUTIONAL AMENDMENTS

Article V: Amendments can be proposed by a 2/3 vote in each chamberOccurred 33 Times

Congress can call a Nat’l ConventionUpon request of 34 (2/3) States

Pass potential amendmentsBalanced budget annuallyProhibit flag burningPermit prayer in public school Impose Congressional term limits

ELECTORAL DUTIES House can elect the president if no

candidate receives a majority of electoral votesChose from the 3 highest contendersEach state has 1 vote Jefferson (1801) John Quincy Adams (1825)

Senate may pick the VPEach senator votes independentlyRichard Johnson (1837)

…CONTINUED 25th Amendment

Outlines vacancy of Vice Presidential officePresident nominates a successorMajority vote in both housesOccurrences

Gerald Ford (1973) Nelson Rockefeller (1974)

IMPEACHMENT House may impeach (accuse, bring

charges) against a public official Majority vote in the House

Senate tries impeachment cases 2/3 vote needed to convict Can ban official from serving publically again Official may be charged in lower courts also

Supreme Court Chief Justice presides over trial

17 impeachments 7 convicted (all federal judges) 2 presidents (both acquitted)

ANDREW JOHNSON 17th President after Lincoln’s

assassination (1865) Began conflicting with Radical

Republicans in Congress Issues over dealing with the

defeated South Johnson fired Secretary of War

Stanton Violated Tenure of Office Act

House impeached Johnson Found not guilty by 1 swing

Republican vote

BILL CLINTON Impeached in 1998 Stemmed from an “inappropriate

relationship” Issues of perjury and obstruction of

justice Internal push to censure the

President Formal condemnation

Trial began January 7, 1999 Public was highly displeased with

trial February 12, 1999- Senate acquits

RICHARD NIXON 1974-resigned in the face of certain

impeachment Watergate scandal

Republican break in of the DNC offices Washington Post investigation triggered the

Dept. of Justice to become involved Illegal acts included Nixon subpoenaed but played coy with

Congress Knew House would fully impeach/Senate

convict Resigned, Aug. 9, 1974

Downfall of many White House staff

EXECUTIVE POWERS Appointments

President appointments confirmed by Congress Committee Process

Rarely are appointment denied Senatorial Courtesy used for State appointments

Treaties President once consulted Senate on treaty

making Now, Senate Foreign Relations Committee

consulted Accept/Deny Treaty

Amendments, reservations, or understandings can be added

House consulted for financial needs

INVESTIGATORY POWER Investigations lead by

specific committees Investigations used to

Gather information for legislation

Have oversight of executive offices

Focus attention on a particular subject

Expose questionable activities

Promote Congressional interests