Congressional Powers Congressional Powers Congressional Power Congressional power

Congressional Powers

Congressional Powers � Congressional Power— Congressional power is limited by the fact that it has only those powers delegated to it by the Constitution. � Congress cannot create national public schools. � Congress cannot require people to vote. � Congress cannot create a national religion. � Congress cannot censor the content of newspapers or other media outlets. � Congress cannot abolish jury trials. � Expressed Powers—specifically mentioned in the Constitution. � Implied Powers—based on reasonable deduction. � Inherent Powers—based on the creation of a sovereign government in the world community.

Strict vs. Liberal Construction �Strict Constructionists—Led by Thomas Jefferson. Believed that Congress should only be able to exercise the expressed powers and the implied powers that are absolutely necessary to performing their duties. �Liberal Constructionists—Led by Alexander Hamilton. Favored a liberal interpretation of the Constitution. Over the years, the power of the National Government has grown substantially with the support of the American people. �Liberal Constructionists have won out over time due to wars, economic crises, national emergencies, improvements in transportation and communication, and demands by the people for more government services.

Peacetime Expressed Powers �Power to Tax—a charge levied by the government on persons or property � Taxes are used to meet public needs. � Taxes (tariffs) are used to protect domestic industry. � Taxes protect health and safety (licensing drug companies). �Limits on taxation Cannot tax churches Cannot impose poll taxes Taxes must be for public purposes, not private benefit Cannot tax exports

Peacetime Expressed Powers (cont’d. ) �Borrowing Power � Article I, Section 8, Clause 2 of the Constitution gives the federal government the ability to borrow money on the credit of the United States. � There are no limits on the amount that we can borrow which has allowed the government to deficit spend. � Public Debt—is all of the money that has been borrowed over the years that has not been repaid. http: //www. usdebtclock. org/

Peacetime Expressed Powers (cont’d. ) �Commerce Power � Represents the power of the federal government to regulate foreign and interstate commerce. � Gibbons v. Ogden, 1824—was the 1 st major court case regarding the Commerce Clause to reach the Supreme Court. Read page 297 and explain this case below: � The Supreme Court ruled in favor of Gibbons and the federal government. � Over the years, the Commerce Clause has been interpreted more widely and applied to issues such as the minimum wage and the Civil Rights Act of 1965. � Limits on commerce power. �Cannot tax exports. �Cannot favor the ports of one state over another.

Peacetime Expressed Powers (cont’d. ) �Currency and Bankruptcy Power � The Constitution gives Congress the authority to establish a single/common legal tender. � Article 1, Section 8, Clause 4 gives Congress the ability to establish uniform policies for bankruptcy. It is a concurrent power. https: //www. youtube. com/watch? v=Hu. GIgf-ICHM

War Powers (Expressed) � To declare war � To raise and support armies � To provide and maintain a navy � To make laws governing land naval forces � To summon, organize, arm, and discipline the militia

The Implied Powers �Given to Congress through the Necessary and Proper Clause or the “Elastic Clause” �The Supreme Court gave its approval to this concept in the court case Mc. Culloch v. Maryland, 1819. �Complete the chart below explaining the implied powers given by the each expressed power (page 308):

Lay and Collect Taxes -punish Raise Regulate Borrow Armies and Commerce Money a Navy tax -the draft evaders -regulate or outlaw sale of some commodities -set standards for states to gain fed funding -minimum wage -ban discrimination at work and public facilities -disability protection -regulate banks -establish the Federal Reserve Banking System Establish Naturalizati Post on Law Offices -regulate and limit immigration -prohibit mail fraud and obstruction -ban some items from being mailed

Nonlegislative Powers � Amendments—Article V allows Congress to propose an Amendment by 2/3 vote in each house � Electoral Duties—House will choose a President by state if no majority in the electoral college / Senate will choose a VP by senator � Impeachment—House is Grand Jury / Senate is Trial Jury � Executive Appointments and Treaties—Appointments must be approved by majority of the Senate / Senate Foreign Relations Committee is now very influential on treaties � Investigation—gather info for a bill, oversee executive operations, bring attention to a particular topic (steroids in baseball), expose public officials, promote interests of some members of Congress