- Slides: 17
The Expressed Powers of Congress
Today's Schedule �Personal Introduction �Lecture �Debate
Types of Powers �Expressed- Powers explicitly given to congress in the Constitution. �Implied- Powers that can be reasonably deduced from the expressed powers. �Inherent- Powers given to congress by the United States being a sovereign nation.
Taxes "'In this world nothing can be said to be certain, except death and taxes. “ –Benjamin Franklin �Tax- A charge levied by the government on persons or property to raise money to meet public needs. �Power given to congress in Article I, Section 8, Clause 3 of the Constitution �The three largest areas taxes benefit: Social Security, National Defense, Health and Human Services
Types of Taxes �Direct tax- A tax paid directly to the government by a person (Income tax, land tax). �Indirect tax- A tax paid indirectly to the government. (Sales tax)
Limits �No taxing church services. (why? ) �No poll tax (why? ) �Can only tax for public purposes, not private reasons �Cannot tax exports �Taxes must be apportioned among the states according to their population �All federal taxes have to be uniform for all states and territories �Why would it be in the government interest not to “overtax”?
Borrowing Power �Congress can borrow money in order to pay off debts. �The federal deficit is the money the government borrowed �Total public debt as of 2/26/10: 7, 936, 671, 001, 094. 13 �Deficit Financing- Spending more money than the government makes in a year.
Commerce Power �The power to regulate interstate and foreign trade. �Essentially makes it easier to trade between the states and imposes on tariffs on foreign goods in order to protect domestic business owners
Limits on Commerce Power �Cannot tax exports �Cannot favor one port over another �Cannot require “Vessels bound to, or from, one state, be obliged to enter, clear or pay duties (tariffs) in another”
Currency Power �Essentially the power to make money �Gives power the power to enforce one legal currency �Before congress was granted this power each state had its own currency �Legal tender- any kind of money that a creditor must accept in payment of debts.
Bankruptcy Power �A legal proceeding in which the bankrupt’s assets are distributed among those to whom a debt is owed �Technically this power is shared between the Federal government and the states. Most bankruptcy hearings occur in Federal courts.
War Continued �Congress shares power with the President �Only Congress can declare war �Has the power to raise and support an army and navy �Has the power to “call forth the Militia” (national guard) �Last time congress declared war: October 2002 Iraq War. House (297 ayes, 133 nays, 3 no votes) Senate (77 ayes, 23 nays)
Other Powers �Naturalization- The process of becoming citizens of the United States (Why is this relevant today? ) �Postal Power- Can create post offices and postal routes (including train and waterways)
Copyrights and Patents �Copyright- The exclusive right of an author to reproduce, publish, and sell his or her creative work. �Patent- Grants a person the sole right to manufacture, use, or sell “any new and useful art, machine, manufacture, or composition of matter…”
Others continued �Weights and Measures- Gives congress the power to set uniform measurements in time, distance, area, weight, and volume. �Power over territories and other areas- Power to acquire land other areas for federal purposes (eminent domain).
Take a Stand �Agree or disagree with this statement: Taxation is the most important expressed power given to congress.