Unit III Section 2 The Scope of Congressional

Unit III, Section 2

The Scope of Congressional Powers

� Powers delegated from the Constitution �Many denials come from the lack of wording on an issue �Powers hampered by Federal System � Congress Cannot (Examples) �Establish a Nat’l public school system �Require people to vote or attend church �Set marriage/driver’s license age �Abolish courts �Censor media

� Review of Powers �Expressed Explicitly stated �Implied Powers Found through reasonable deduction �Inherent Powers Established because the National Government exists

� Framers wanted to establish a strong national government � Criticism of the Constitution persisted into the early Republic years � Federalist & Anti-Federalists established two view points �Strict Constructionist �Liberal Constructionist

� Early leadership found in Thomas Jefferson � Felt Constitution should operate under expressed and those vital implied powers � Saw benefits of a National Defensive system and protection of interstate trade � Wanted states to retain power �States could best serve the citizens

� Leadership � Felt in Alexander Hamilton the Country needed “an energetic government” � Prevailing view point, gained momentum over the centuries � Ideas have shaped dealings with war, economic crisis, etc. � American people have demanded more services � People want a broader view of government � General consensus � President & Supreme Court generally have taken this view point

The Expressed Powers of Money & Commerce

� Article I, Sec. 8, Clause 1 �Congressional power to lay and collect taxes and duties � Articles of Confederation did not allow Congress to tax �States would be asked to send funding �No state ever came close to meeting funding needs � Lack of taxing power a major push to create the Constitution

� In 2013: Government collected app. 2. 7 Trillion dollars in taxes � Tax levied against a person or property to raise money to meet public needs � Other tax example: �“Protective Collects limited funds Main goal is to protect domestic industry �Gov. Tariff” regulation on narcotics Only those licensed may manufacture, sell, or deal in those drugs Licensing is a form of taxation

� Congress does not have free rein to tax �Bound by Constitutional parameters �Government cannot tax church services First amendment violation �Government may not issue a poll tax 24 th amendment violation

�Four limitations on taxing power Congress can only tax for public benefit and not private gain Congress may not tax exports Direct taxes must be apportioned to the States by population � Goes directly to the Government � Income tax is a direct tax that is not based on population � Wealth is not evenly distributed across the U. S. Indirect taxes must be consistent across the country � Gasoline, alcohol, & tobacco � Indirect taxes follow through the system Tobacco tax paid by tobacco company, costs passed on to the wholesaler who then passes it on to the consumer

� No Constitutional limit on the amount of money that can be borrowed or on the purpose � Statutory ceiling on public debt limits �Public debt is borrowed money that is unpaid plus interest �National debt app. 17 trillion dollars �Congress can raise the debt ceiling (recent event) � Deficit financing has been practiced �Spending more than is taken in annually

� Balanced Budget Act of 1997 �Passed with Congress and President Clinton �Vowed to eliminate deficit financing by 2002 �Met goal in 1998, 1999, 2000, and 2001 �Economy was booming, economic surplus � Deficit �Sharp again is an issues decrease in the economy �Tax cuts under the Bush administration �Global war on terrorism �Budget shortfall in 2007: $205 billion

� Power of Congress to regulate interstate and foreign trade � Weak interstate trading system under the A of C �Bickering between states �Foreign agreements made by states �No governmental control � Constitution called for Congress to begin regulating trade �Article I, Section 8, Clause 3 �The Commerce Clause

� Commerce Power is not unlimited � Four explicit limits �Cannot tax exports (Article I, Section 9, Clause 5) �Cannot favor the ports of one State over those of any other in the regulation of trade (Article I, Section 9, Clause 6) �Cannot require vessels to pay duties in another state (Article I, Section 9, Clause 6) �Could not interfere with the slave trade until at least 1808 Part of the Slave Trade Compromise Dead for nearly two centuries

� Congress �Denied allowed to coin/print money to the States � Currency system collapsed after the Revolution � Early attempts at currency lead to useless bills �Each of the 13 States could issue their own money �Poor printing practices and circulation of English and Spanish currency � Bank of the United States charted in 1791 �Power to issue paper currency

� Legal tender did not come until 1863 �Could not be redeemed for gold or silver � States chartered banks issued currency which competed with Nat’l monies �Tax soon eliminated private bank notes � Supreme Court struck down printing of paper money in 1870 �“to coin” meant to stamp metal �Decision overturned by 1884

Other Expressed Powers

� Shared powers with the President � This power is denied to the States �States are not sovereign � Powers stem from various expressed powers & inherent powers � Examples �War Powers �Foreign Commerce �Regulation of Immigration

� Article I, Section 8 � This power is shared with the executive � Congress may… � Declare War � Raise/Support an army � Provide/Maintain a navy � Make military rules � Call a militia � Grant legalized piracy (letters of marque & reprisal) � War Powers Resolution of 1973 � Congress not exist can restrict forces where a state of war does

� Congress may establish Post Offices & Postal Roads � Credited founder- Ben Franklin � 38, 000 offices, branches, & stations � Establish crimes against the postal system �Illegal to obstruct the mail, commit fraud, or commit a crime through the mail � Prohibition on mailing certain items � States cannot interfere or tax the Postal Service

� Copyright �Right of an author to reproduce, publish, or sell their creation �Registration through the Copyright Office in the Library of Congress �Copyright lasts the life of the author plus 70 years �The Office does not enforce protection of copyright Owner must handle these matters

� Patents �Grants person sole right to manufacture, use, or sell a new product �Patent lasts for 20 years �Patents & Trademark Office of the Department of Commerce

� Reflects need for accurate/uniform gauges on �Time, distance, area, weight, volume, etc. � 1838 -English system of measurement enacted � 1866 -Congress legalized Metric System � 1901 -Creation of the Nat’l Bureau of Standards �Nat’l Institute of Standards & Technology

� Congress has power to manage land � DC & Territories � Military Bases � Prisons � Post Offices & Federal Buildings � Parks � Acquire property through purchase or gift � Eminent Domain-taking of private property for public use � Gain territory from a foreign state � Admit a new state � War Powers � Treaty-making

� Create federal courts below Supreme Courts � Structure of Federal Judiciary � Define federal crimes & punishments � Four defined federal crimes �Counterfeiting �Piracy �Offense of International law �Treason � Implied powers used to create hundreds of other federal crimes

� Naturalization �Process which a foreign born person becomes a citizen of the United States �Approximately 11 million naturalized US citizens

Implied Powers

� Those powers that are found through deduction �Not explicitly stated � Example: �Education Not mentioned in the Constitution Federal Government still appropriates, sets aside funds for a specific use, to fund education

� “Elastic Clause” � Allows Congress to create laws to run the government � Allowed Congress to change and adapt over time � Alexander Hamilton a major support of the “Necessary & Proper Clause”

� 1790 � Alexander Hamilton urges the creation of a Nat’l Bank � Opponents stated that the Con. did not give Congress the power to establish the bank �Strict Constructionist: Government should run on those powers that are absolutely necessary �Hamilton (liberal): Looked to the “Necessary & Proper Clause” Congress had the power to create the bank Reasonably related to exercise of expressed powers Argued banks would help with; taxing, borrowing, commerce, & currency

� Strict Con. Felt that the bank would give Congress too much power �Threatened � Hamilton �Nat’l the States triumphed Bank est. 1791 �Charter set to expire in 1811 �Bank remained unchallenged in the courts for 20 years

� 1816 � Second Nat’l Bank established �Chartered after a hard-fought battle � Opponents of the bank worked with state legislatures to cripple the bank � 1818 -Maryland placed tax on issuances from non-State chartered banks �Main � James target: Nat’l Bank Mc. Culloch, bank cashier, issued notes without paying the tax

� Mc. Culloch brought up on charges � Maryland won state court judgment � U. S. appealed to Supreme Court on Mc. Culloch’s behalf � Opposing Sides �Maryland- Strict Con. Ideas, Felt bank was unconstitutional �U. S. - Liberal Con. , Bank est. under implied powers, State could not tax a Federal agency � Supreme �Bank Court reversed Maryland decision constitutional under “N & P Clause” �Court approved of implied powers

� Doctrine- principle of fundamental policy � “N & P Clause” has become the “Convenient & Useful Clause” � Examples �Louisiana Purchase under Jefferson �Army conscription � Congress place still has restraints in

Non-Legislative Powers

� Article V: Amendments can be proposed by a 2/3 vote in each chamber �Occurred � Congress �Upon � Pass 33 Times can call a Nat’l Convention request of 34 (2/3) States potential amendments �Balanced budget annually �Prohibit flag burning �Permit prayer in public school �Impose Congressional term limits

� House can elect the president if no candidate receives a majority of electoral votes �Chose from the 3 highest contenders �Each state has 1 vote �Jefferson (1801) �John Quincy Adams (1825) � Senate �Each may pick the VP senator votes independently �Richard Johnson (1837)

� 25 th Amendment �Outlines vacancy of Vice Presidential office �President nominates a successor �Majority vote in both houses �Occurrences Gerald Ford (1973) Nelson Rockefeller (1974)

� House may impeach (accuse, bring charges) against a public official �Majority � Senate vote in the House tries impeachment cases � 2/3 vote needed to convict �Can ban official from serving publically again �Official may be charged in lower courts also � Supreme Court Chief Justice presides over trial � 17 impeachments � 7 convicted (all federal judges) � 2 presidents (both acquitted)

� 17 th President after Lincoln’s assassination (1865) � Began conflicting with Radical Republicans in Congress �Issues South over dealing with the defeated � Johnson Stanton fired Secretary of War �Violated � House Tenure of Office Act impeached Johnson � Found not guilty by 1 swing Republican vote

� Impeached in 1998 � Stemmed from an “inappropriate relationship” �Issues of perjury and obstruction of justice � Internal push to censure the President �Formal � Trial condemnation began January 7, 1999 � Public was highly displeased with trial � February 12, 1999 - Senate acquits

� 1974 -resigned in the face of certain impeachment � Watergate scandal � Republican break in of the DNC offices � Washington Post investigation triggered the Dept. of Justice to become involved � Illegal acts included � Nixon subpoenaed but played coy with Congress � Knew House would fully impeach/Senate convict � Resigned, Aug. 9, 1974 � Downfall of many White House staff

� Appointments � President appointments confirmed by Congress Committee Process � Rarely are appointment denied � Senatorial Courtesy used for State appointments � Treaties � President once consulted Senate on treaty making � Now, Senate Foreign Relations Committee consulted � Accept/Deny Treaty Amendments, reservations, or understandings can be added � House consulted for financial needs

� Investigations lead by specific committees � Investigations used to �Gather information for legislation �Have oversight of executive offices �Focus attention on a particular subject �Expose questionable activities �Promote Congressional interests