Overview of Congressional Powers• Congress has three main types of powers:

– Expressed• Located in Article I/Section 8/Clauses 1-18• 27 listed powers• Example:

– Declare War– Print & Coin Money

– Implied• Not located in the Constitution• Come from interpretation of the Elastic Clause (Article 1/Section

8/Clause 18• Used to carry out the Expressed Powers• Example:

– Create a draft– create the Federal Reserve Bank

– Inherent• Powers Congress has because it is the national

legislature• Example:

– Regulate immigration

Taxation Powers• Article I/Section 8/Clause 1 grants Congress the power to “lay and

collect taxes, duties, imports, & excises…”• Federal government takes in excess of $2 trillion per year

– 90% comes from taxes• Tax: a charge levied by the gov on persons or property to raise

money to meet public need• Types of Taxes:

– Protective Tariff: – a tax on goods imported into the United States from a foreign country – Imposed to protect American industry from foreign competition– Direct Tax:

• a tax paid directly to the government by the individual• Examples: Income Tax, Property Tax

– Indirect Tax:• A tax paid by one person then passed on to

another• Examples: sales tax, luxury tax (furs/jewelry, sin

tax (cigarettes/alcohol)

Limits on Tax Powers• Some things Congress cannot tax:

– Cannot tax religious institutions for providing services Cannot levy a poll tax (tax to vote)

– Cannot tax exports, American goods going to foreign countries

• Four Guidelines to Congressional Taxes:1. Congress can only tax for public benefit

– Cannot tax to make money– Tax revenues used to pay for public services

2. Congress cannot tax exports– Cannot tax goods going from the US to foreign countries for

sell– Designed to help encourage the sell of US goods in other

countries3. Direct taxes must be apportioned among the states based on

population4. Duties, Imports, & Excises must be uniform among all states

Borrowing Power• Article 1/Section 8/Clause 2 gives

Congress the power to borrow money– Does not set a limit on the amount the

US can borrow• Deficit Financing:

– US spends more than it makes– Gov must borrow to pay for provided services– Public Debt is the total amount of the money

borrowed & the accumulated interest • 1999 - $5.5 Trillion• 2005 – $7.5 trillion

– US “made” money (had a surplus instead of a deficit) 1998-2002 • due to strict limits on borrowing, increased taxes, &

strong economy• Returned to deficit in 2002/2003 due to economic slow-

down, tax cuts, & war on terrorism in Afghanistan & Iraq

Commerce Power• Article 1/Section 8/Clause 3

give Congress the power to regulate interstate & foreign trade (commerce)

• “Commerce” was originally defined as the buying & selling of goods– Gibbons v. Ogden (1924) Supreme Court ruled that

Commerce is the “intercourse” (process) of trade– New Interpretation allows Congress to regulate many

areas of business • Examples Include

– Transportation systems– International & Interstate trade– Regulation of employee safety

– Many implied powers come from interpreting the Commerce Clause

– Anti-Discrimination acts/laws fall into this category

Limits on Commerce Power• Four limitations on Commerce:

1. Cannot tax exports

2. Cannot favor one state over another in regulating trade

3. Cannot require “vessels” from one state to pay a tax to enter another state

4. Cannot interfere with the slave trade until 1808 • during Constitutional Convention, slavery & slave trade very

controversial• Most framers agreed that slave trade should end, so set a

date for ending foreign slave trade in 1808• Slaves were still able to be traded within the USA until 13th

Amendment (1865)

Bankruptcy & Currency Power• Article I/Section 8/Clause 4 gives Congress the power to regulate

bankruptcy– Bankruptcy is a ruling that a person is unable to pay his/her debts– The person’s assets are take & given to pay off his/her debt– Most bankruptcy hearings are heard in federal district courts

• Article 1/Section 8/Clause 5 grants Congress the power to coin & regulate money

• Congress created the Bank of the United State in 1791 – Goal to provide the US w/ a uniform & stable money system– Issued paper money (bank notes)– The “green backs” were not legal tender & people were not required to

take them – Today, US had the Federal Reserve System

• Late 1880s, Supreme Court ruled that the US can issue paper legal tender– Series of cases which questioned the validity of paper money– Banks prohibited of creating own bank notes– Today, paper money is the main type of currency in use

Foreign Diplomacy & War Powers• Foreign Diplomacy:

– Shared w/the President– Comes from two sources:

• Power to declare war• Power to regulate international commerce

– Examples include:• Enter into treaties with foreign nations• Regulate international trade • Set immigration policies• Take military action

• War Powers:– Eight of the expressed powers deal with the military & defense– Most are shared with the President– Examples:

• Declare war (only Congress can declare war)• Create & maintain the Armed Forces• Make rules governing land & naval forces• Create & maintain a militia & can activate the militia (National Guard)• Make & enforce laws governing US ships on the seas

– War Powers Act of 1973 gave Congress greater military power by limiting the President’s ability to deploy troops• President can deploy troops for a maximum of 60 days w/o Congressional approval

Naturalization & Postal Power• Naturalization Power:

– Article I/Section 8/Clause 4 grants Congress the authority to determine who can become a US citizen

– Includes the power to regulate immigration

• Postal Power:– Article I/Section 8/Clause 7 gives Congress the

power to create a Post Office & the roads for postal routes– Post Office Facts:

• Over 38,000 post office branches in US• Employs over 750,000 people• Processes 200 billion pieces of mail per year

– Post Roads include any method of transportation that is used to transport mail including: auto-routes, airplanes, trains, & shipping

– It is a FEDERAL crime to tamper with or prohibit the mail

Other Powers• Copyrights, Trademarks, & Patents:

– Congress has the power to protect a person’s right to their ideas & inventions by issuing patents & copyrights• Copyright: protects the right of an author to reproduce, publish,

sell, etc their works (includes written works, newspapers, music, scripts, & other media)

• Trademark: protects logos & images• Patent: protects inventions

• Standard Weights & Measures: – Congress has the right to set the US measurement system– Maintains official time for the US (www.time.gov)

• Judicial Powers: – Congress can over rule the presidential

nominations for the federal courts & can

impeach judges/justices

Implied Powers• Article I/Section 8/Clause 1-18 gives

Congress the right to make any law necessary to the carrying out of its expressed powers

• Right to have implied powers comes from two major rulings:– Alexander Hamilton & the 1st National Bank

• Hamilton, Sec. of Treasury, wanted to create a National Bank• Argued that it was legal under Article I b/c it was necessary to the

carrying out of 4 expressed power• Congress & Supreme Court Agreed

– McCulloch v. Maryland• Occurred when Maryland wanted to charge a tax on the 2nd

National Bank b/c believed bank was unconstitutional• Manager of Bank, McCulloch, refused/tried & convicted in MD

Court• McCulloch appealed to the Supreme Court, arguing that the

National Bank was legal • Supreme Court agreed that the right to create a national bank was

implied in the expressed currency, commerce, & taxing powers

Implied Powers Examples:Expressed Power Implied Power

Levy & collect taxes •Create the IRS•Punish tax evasion•Regulate the licensing to sell certain items (liquor license)•Outlaw the sell of certain items

To borrow money •Establish the federal reserve system of banks

Establish Naturalization Laws •Regulate immigration

To raise an army & navy •To draft men/women into the military

To regulate commerce •Set a minimum wage•Outlaw workplace discrimination•Oversee workplace safety

Establish post offices •Protect against mail fraud•To prohibit the shipping of certain items via mail

Nonlegislative Powers I:Constitutional Amendments

• Article V gives Congress the power to propose a Constitutional Amendment w/a 2/3 vote in both houses

• Congress has proposes 33 Amendments

• Congress can also call up a national Constitutional Convention if 2/3 of state legislatures agree (never used)

• Most recent proposals include:– Require a balanced budget– Outlaw flag burning– Outlaw abortion– Prohibit same-sex marriage

Electoral Duties• The House may elect the President

if there is no clear winner– Each state receive 1 vote– Chosen from 3 highest contenders in

the electoral vote– Occurred twice (Jefferson & JQ

Adams)• The Senate may choose the Vice-

President if there is no clear winner

• If the President must replace the VP, Congress must approve the nomination by a 2/3 majority in both chambers– Used twice: Gerald Ford (1973) &

Nelson Rockefeller (1974)

Nonlegislative Powers 2: Impeachment

• House has the authority to impeach gov. officials for certain acts:– Conviction of treason– Conviction of Giving or Receiving Bribes– Conviction of other “high” crimes or misdemeanors

• To impeach means to accuse, it is not a verdict of guilt– Must have a majority ruling in the House

• The Senate has the power to judge (try) the impeachment cases– Requires a 2/3 vote to convict– The Chief Justice acts as the presiding judge if a President is under trial– The penalty of a conviction is removal from office– An official may be remanded (given) to the regular courts if crime warrants it

• Two Presidents have been impeached / None have been convicted– Andrew Johnson

• Replaced A. Lincoln following his assignation• Charged with violating the Tenure of Office Act

– William “Bill” Clinton• Charged with perjury (lying under oath) & obstruction of justice• Ruling was that although he acted in a “deplorable and amoral” manner, no high crime was

committed– Richard Nixon resigned prior (before) to being impeached for his part in the

Watergate scandal

Nonlegislative Powers 3: Presidential Appointments

• All major presidential appointments to office must be approved by the Senate

• Requires a majority vote• The Approval Process:

– President gets approval from the Senators who represent the state the nominee is from (Senatorial Courtesy)

– Nominees are sent to the appropriate sub-committee for approval

– Sub-committee holds hearings to gather evidence to make recommendation

– Sub-committee recommends nominee to the Senate floor

– Nominee voted on by the Senate

Treaties• Any treaty the President enters into

must be approved by the Senate• President frequently consults with

the members of the Senate Foreign Relation committee before drafting a treaty

• Senate can do three things to a treaty offered by the President1. Accept the treaty as written2. Amend the treaty3. Reject the treaty

Investigatory Power• Congress can make inquiries for

certain reasons– To gather information to make a

decision– Oversee how legislation is carried

out in by the executive agencies– Focus public attention on certain

issues– Expose questionable activities of

the gov.