CH 11 POWERS OF CONGRESS CONGRESSIONAL POWERS EXPRESSED

CH. 11 POWERS OF CONGRESS • CONGRESSIONAL POWERS • EXPRESSED POWERS II • IMPLIED POWERS • NONLEGISLATIVE POWERS

Congressional Power � Congress ◦ has limits: 1. Government is Limited 2. America’s Government is Federal (split between National and States) Remember!! � CONGRESS ONLY HAS POWER GIVEN TO THEM BY THE CONSTITUTION!! � They can’t � � or � � Require people to vote or attend church Set minimums for marriage driver’s licenses Abolish trials Censor newspapers or TV

Strict vs. Liberal � STRICT CONSTRUCTIONISTS: �Thomas Jefferson: �wanted the state to have as much power as possible. �“That Government is best which governs least. ” �Insisted that Congress only be able to exercise: 1. Its expressed powers – those written in the Constitution Or 2. Implied powers – those necessary to carry out the expressed powers � LIBERAL CONSTRUCTIONISTS: �Alexander Hamilton: �Wanted a liberal interpretation of the Const. �Broad view of Congressional powers �The country needed “an energetic Government”

EXPRESSED POWERS 1. Power to Tax ◦ Federal Spending of Tax Dollars: - Largest Government expenditure: Entitlement programs – Medicare, Medicaid, Social Security – make up 43%, - other Mandatory spending (Welfare, grants, food stamps) – make up 13%

EXPRESSED POWERS 2. Power to Borrow 3. Commerce Power 4. Currency Power 5. War Power 6. Naturalization Power 7. Postal Power 8. Copyright and Patents �DEBT CLOCK �To regulate trade �To make money �To declare war �Allowing people to become American citizens �In charge of the Post office �Sole power to give copyrights and patents

IMPLIED POWERS � Implied means – those that are not set out in so many words in the Constitution, but are implied. ◦ Necessary and proper Clause: give Congress power to make any law that is Necessary and proper �Mc. Culloch v Maryland (1819) – this case laid the groundwork for Implied Powers, it allowed Congress to make impressive rulings based on interpretations of certain expressed powers.

One of the most dramatic political events of your parents’ lifetime happened on August 9, 1974! WHAT WAS IT?

NONLEGISLATIVE POWERS � HERE ARE SOME POWERS THAT CONGRESS PERFORMS THAT ARE NONLEGISLATIVE, BUT DEFINED IN THE CONSTITUTION. v Electoral Duties v. The House of Rep. may have to Elect the President! HOW…? v 12 th Amendment = if no president receives a majority of electoral college votes, then The House votes v 25 th Amendment = Congress has to fill the Vacant spot of Vice-President after the President names a successor HAS THIS EVER HAPPENED…? v 2 times – Gerald Ford in 1973 and Nelson Rockefeller in 1974

v. Impeachment! v Congress can remove the President, VP and any other civil officers of the U. S. v IMPEACH – to accuse, bring charges against. v Requires: va majority vote in the House (1/2 OF 435) v 2/3 vote in the Senate (IMPORTANT) v. There have been 17 Impeachments (charges accused), - How many do you thing have been convicted? 7 convictions v All 7 people where removed from office. WHAT JOB DO YOU THINK THEY HELD? v They were all Federal Judges

IMPEACHEMENT - presidential � 2 PRESIDENTS HAVE BEEN IMPEACHED BY THE HOUSE OF REP. , BOTH WERE ACQUITED BY THE SENATE. �Andrew Johnson (17 th president) �Bill clinton (42 ND president)

WHY? - ANDREW JOHNSON � Johnson was facing a Congress full of Radical Republicans whom disagreed with his treatment of the South after the Civil War. ◦ Congress passed a law which Johnson violated - The House Impeached him with a 126 -47 vote - The Senate acquits him by 1 vote – he was not removed.

WHY - Bill clinton � Clinton was impeached by the House for perjury – or lying under oath. ◦ He had an ‘inappropriate’ relationship with an intern… Is this against the law…? But…………… then lied about it under oath. ◦ Again, the House votes to Impeach, while the Senate votes to Acquit…. . He is not Impeached – or removed.

Richard nixon � Nixon was not impeached, he resigned first! ◦ Watergate – the attempt to break into the democrats national headquarters and steal secrets. ◦ 3 articles of Impeachment were brought against him. ◦ It was obvious that he was going to be convicted by both Houses…. . so ◦ HE QUIT!!

EXECUTIVE POWERS � Congress has 2 executive powers: 1. All major appointments made by the President must be confirmed by the Senate by majority rule 2. The President makes treaties with advice and consent of the Senate SENATE