Chapter 11 Powers of Congress Congressional Power Expressed

Chapter 11 Powers of Congress

Congressional Power • Expressed Powers – explicitly, in the specific wording of the Constitution. • Implied Powers – by the reasonable deduction from the expressed powers • Inherent Powers – by creating a national government for the United States

Strict versus Liberal • Strict constructionists – lead by Thomas • Jefferson, held that the government should use only the expressed powers. The implied powers should be used only when absolutely necessary. (Anti-federalists) Liberal constructionists – lead by Alexander Hamilton, held that the country needed an energetic government and that the government should have broad powers. ( federalists) Does this sound familiar?

The National Trend • Since the conception of our Constitution, Congress, the Executive Branch and the Judicial branch have assumed the broad view of power for themselves. The result has been that the American people have followed suit and accepted the broad view of governmental power. • Why?

Expressed Powers of Money and Commerce • Congress receives its power from Article 1, Section 8 of the Constitution. • The Power to tax! Article 1, section 8, Clause 1 • Regulate Commerce: Foreign, State and Indian Tribes. A 1, S 8, C 3 • Why such powers?

Taxes • Tax – a charge levied by the government on • • persons or property to raise money to meet public needs. 2006 the government took in $2. 2 Trillion over 95% was from taxes. 2015 = 3. 2 Trillion 2008, the proposed budget is $3. 5 Trillion…more taxes! 2009, the tax payers are already $2 Trillion in the hole from stimulus bills!!!!! 2015 – Pres. Obama proposed a $4 Trillion budget. Spent 3. 6 Trillion

Limits on Taxing • Congress may tax only for public purposes, not for • • private benefit. (cannot tax for their own gain) Congress cannot tax exports Direct taxes must be apportioned among the states, according to their population. A direct tax is one that paid directly to the Government. Congress can collect an Income tax -16 th Amendment. Note to self…the founding fathers never considered taxing income. Why? All indirect taxes must be levied at the same rate across the nation. Indirect tax – paid for by one person , but then passed on to another. Tobacco is an example.

The Power to Borrow • Congress has NO LIMIT as to how much it can borrow • • and no restriction as to the purpose for borrowing. Congress has passed laws as to how high the public debt can go. Public debt is all the money borrowed but not paid back! Notice they call it public debt…like we did it. Every time the debt reaches the limit, Congress passes new laws that raise the limits. Current debt is approx. $18 Trillion U. S. National Debt Graph The Federal Pie Chart http: //www. masspeaceaction. org/pdfs/tax-day-factsheet. pdf

Commerce Power • Congress can regulate • • • trade between States and Foreign Countries. Why would this be necessary? Gibbons v. Ogden Heart of Atlanta Motel v. US

Limits to Commerce Powers • Cannot tax exports • Cannot favor one port • • over another Cannot tax ships moving from State to State Could not interfere with the slave trade until 1808.

Power to Coin Money • To coin – to stamp metal. • 1791 - The First Bank of the • • United States is formed…begins to issue paper money (greenbacks). 1863 Congress declares paper money to be legal tendermoney that a creditor must accept as payment for debt. 1870 Hepburn v. Griswold; the court rules that the Constitution does not authorize paper money 1871 and………………… ……. 1884 Court decides that paper money is alright. Juliard v. Greenman.

Bankruptcy • Congress has the power to establish and enforce bankruptcy laws. show me the $ • Bankruptcy – the legal proceeding in which the bankrupt’s assets are distributed to those whom the debt is owed.

Foreign Relations • Power comes from two areas; – Various expressed powers – The fact that the US is a sovereign State

War Powers • Only Congress can declare war • But only you can prevent forest fires! • Congress can raise and support the military • Can call upon the Militia (current war) • Make rules concerning prisoners (Gitmo) • • this will be closed by 2010 (executive order) War Powers Act of 1973 - Restricts the use of American forces in combat in areas where a state of war does not exist. Iraq, Afghanistan, Pakistan, do you understan?

Other Expressed Powers • Naturalization • The Postal Service (cannot be taxed) • Copyrights – Exclusive right of the author to publish/sell his creative work. – Register with Library of Congress – Lasts for lifetime plus 70 years – CPO does not enforce • Patents – Sole right to manufacture, use sell any new useful creation. Lasts for 20 years.

Cont. • Weights and Measures – 1838 English System of Measure – 1866 Legalized the Metric System • Territories – – – District of Columbia Puerto Rico Guam Virgin Islands Military Bases around the world

Judicial Powers • Created the federal judicial court system • Define what federal crime is.

Implied Powers • The Necessary and Proper Clause – 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. – Article I Section 8, Clause 18 – Mc. Culloch v. Maryland

• This gives Congress the ability to address the • • problems and issues of a growing society. Some argue that it gives congress too much power and will lead to a Government that no longer responds to it’s people. Others say that the powers are needed in order to keep Government in it’s rightful place over the States. What do you think? Remember Popular Sovereignty! We the people decide who Congress is!