OTHER EXPRESSED POWERS AND THE IMPLIED POWERS LESSON

OTHER EXPRESSED POWERS AND THE IMPLIED POWERS LESSON 3 UNIT 3

terms naturalization copyright patent eminent domain appropriate Necessary and Proper Clause doctrine

Foreign Relations Powers • there a few foreign relation pwrs are reserved for Congress. • The War Powers. Congress has eight different war powers: 1. Only Congress may declare war. The President may request Congress to pass a declaration of war, but Congress alone has the power to do so. • Note: What is not certain is how much power Congress has to prevent the President from conducting an undeclared war.

The War Powers 2. Congress has the power to raise and support armies 3. To provide and maintain a navy 4. To make rules governing land naval forces and the disciplining of it 5. Calling forth the militia 6. organizing, arming and disciplining the militia 7. grant letters of marque and reprisal 8. To makes rules concerning captures on land sea

War Powers Resolution of 1971 • Controversial resolution! • In this resolution Congress claimed the power to restrict the use of American forces in areas where a state of war does NOT exist. • We shall look at this issue more when we consider the presidency. • For now, you just need to know that no President had recognized that this act was constitutional. • All Presidents since its enactment have argued that they alone have this power.

Naturalization • Congress alone has the power to decide on the process of naturalization (the process by which a non-citizen becomes a citizen). • At present, the United States has about 11 million naturalized citizens.

The Postal Power Congress has the power to establish post offices and post roads. • Post roads are all postal routes, including railroads, airways, and waters within the U. S. , during the time that the mail is carried on them.

Copyrights and Patents • The Constitution gives Congress the power “to promote science and useful arts, by securing for limited times to authors and inventors the exclusive right to their respective writings and discoveries. ” • What does this mean?

Copyrights and Patents • Simply stated, Congress has the power to grant copyrights and patents. • A copyright is the exclusive right of an author to reproduce, publish, and sell his or her creative work. • This right may be assigned or transferred by contract to another. • Copyrights are registered by the Copyrights Office in the Library of Congress. • Under present law, copyrights are good for the life of the author plus 70 years. • Copyrights cover books, magazines, newspapers, musical compositions and lyrics, dramatic works, paintings, sculptures, cartoons, maps, photographs, motion pictures, sound recordings, and much more.

Copyrights and Patents • If you ever produce a creative work, YOU must apply for a copyright; it WON’T simply happen! • Secondly, the Copyright Office does NOT enforce copyrights. • If a copyright is infringed upon, the owner must sue in federal court.

Patents • A patent grants a person the sole right to manufacture, use or sell “any new and useful art, machine, manufacture, or composition of matter, or any new and useful improvement thereof. ” • A patent is good for up to 20 years. • The term of a patent may be extended only by a special act of Congress.

Judicial Powers • As part of the system of checks and balances, the Constitution grants Congress some judicial powers: 1. to create all federal courts below the Supreme Court 2. Define federal crimes and set punishments. The type of crime for which Congress may set laws are both expressed and implied. Expressed Crimes: counterfeiting, piracies, felonies on the high seas, and offenses against international law. However, Congress has used its implied powers to establish more than one hundred other federal crimes.

Weights and Mesures Article 1 Section 8 Clause 5 pwer reflects need for accurate measurements of : time distance area weight volume

English system • 1838 Congress adopted English system: pound, foot, mile, gallon, quart as standard units of measure 1866 Congress legalized the use of the metric system liter, kilogram, kilometers

Activity 10 PTS • WE JUST LOOKED AT A LONG LIST OF ITEMS FOR WHICH COPYRIGHTS MAY BE ISSUED. • WORKING IN GROUPS OF 1, 2, 3, 4, COME UP WITH A REAL WORLD (ACTUAL) EXAMPLE FOR EACH OF THE TYPE OF CREATIVE EFFORTS LISTED BELOW: • books, magazines, newspapers, musical compositions and lyrics, dramatic works, paintings, sculptures, cartoons, maps, photographs, motion pictures

WE SHALL NOW CONSIDER THE IMPLIED POWERS

THE IMPLIED POWERS • implied powers are those powers that are not set out in so many words in the Constitution but are implied by those that are. • The constitutional basis for the implied powers is found in one of the expressed 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. ”

THE IMPLIED POWERS • Initially, some individuals wanted to severely limit this power. You may remember, these were the strict-constructionists. • The argument was largely settled in the case of Mc. Culloch v. Maryland (1819). • Maryland attempted to tax federal bank notes issued by the Second National of the United States. A clerk from that bank intentionally issued non-taxed notes. The State of Maryland won a judgment against him. The United States government then appealed the case to the Supreme Court. • The Court found for Mc. Culloch and the United States. • The Court found that Congress had broad implied powers.

• NOW WE SHALL MOVE AWAY FROM THE IMPLIED POWERS AND CONSIDER THE NONLEGISLATIVE POWERS OF CONGRESS

NONLEGISLATIVE POWERS OF CONGRESS • Electing the President. • What? “I thought the people elected the President. ” Normally they do, via the electoral college” • However, if no candidate receives 50% of the votes plus one ( a majority), Congress chooses the President • Congress must choose among one of the three highest contenders. • Each state gets one vote to cast, and a majority of states must vote.

Impeachment • nonlegislative duty is impeachment: • The Constitution provides that the President, Vice President, and all civil officers, and federal judges may “be removed from office on impeachment for and conviction of, treason, bribery, or other high crimes and misdemeanors. • The House of Representatives has the sole power to impeach (to bring charges). • a majority of the House must vote to impeach. • Senate has the sole power to try the case and decide guilt, twothirds of the Senate must vote guilty. • If a President is tried, the Chief Justice of the Supreme Court presides at the trial. • Penalty: • removal from office • and, if the Senate chooses, being banned for life from public office. • Additionally, the individual may face trial in regular criminal courts.

Impeachment • Two Presidents have been impeached but found innocent: • Andrew Johnson and William Jefferson Clinton. • There have been a total of seventeen impeachment trials with seven convictions. All seven persons removed were federal judges.

Executive Powers The Constitution give Congress two executive powers: 1. All major appointments made by the President must be confirmed by the Senate. Hearing are held to determine if the person is qualified and suitable for the office. • At the cabinet level, Congress rarely turns down a presidential appointment. • Indeed, it has only happened 12 times in more than 600 appointments. •

Executive Powers 2. make treaties. • The Senate must ratify by a 2/3 s vote treaties made by the President. • The Senate also can offer amendments, reservations, and understandings to treaties.

Investigatory Power Congress has the power to investigate ANY matter that falls within the scope of its power. Investigations are usually conducted through committees and subcommittees. Why investigations are conducted: 1. Help Congress in deciding a piece of legislation 2. Oversee the executive branch 3. Focus public attention on a particular area 4. Expose questionable activities of public or private individuals 5. Promote the particular interests of one or more members of Congress. Note: Lying to Congressional investigation is perjury and carries stiff sentences.