4THE POWERCongress, simply only has the power to do things the Constitution allows it to do.
5Lets ReviewThe three types of power granted to Congress in the Constitution?Expressed- Directly written in the Constitution.Implied- Assumed based on the expressed powersInherent- Nowhere in the Constitution, but always held by the national governments.
6Interpreting the Constitution There were two major ideologies when first deciding how much power Congress should have. Strict Constructionists Liberal Constructionists
7Strict Constructionists Strict Constructionist (originalist)– believe that Congress should only have the expressed powers and nothing elseSupport very limited governmentBelieve that individual liberty is most importantFirst SC was Thomas Jefferson
8Liberal Constructionist Liberal Constructionist (living constitution) – believed that we should interpret the Constitution loosely, so that Congress could have more powerSupport an active governmentBelieve that governmental effectiveness is most importantFirst LC was Alexander Hamilton
9Powers of MoneyThe Constitution expressly gives Congress the power to regulate money and commerce.How does Congress regulate money?
11Power To TaxArticle 1 Section 8 Clause 2 The Constitution gives Congress the power: “To lay and collect Taxes, Duties, Imposts, and Excises, to pay the debts and provide for the common defense and general Welfare of the United States…”
12Limits on Taxes Cannot tax for private benefit Cannot tax exports Federal tax rates must be the same in all states
13Types Of Taxes Direct Tax- paid by the person it is imposed upon Ex: Income Tax, Property TaxIndirect Tax- Imposed on one person, but paid by anotherEx: Cigarette Tax, Gas Tax
14Power to BorrowArticle 1 Section 8 Clause 2 The Congress shall have Power To...borrow Money on the credit of the United States AKA The Borrowing Clause
15DebtDebt – total of all deficits yet to be paid back, plus interest owed( trillion, trillion, trillion, billion)US DEBT CLOCK
16Article 1 Section 8 Clause 3 The Commerce PowerArticle 1 Section 8 Clause 3It gives Congress the power to :“To regulate Commerce with foreign nations and among the several States, and with the Indian Tribes..”Basically… The power of Congress to regulate interstate and foreign trade.Power is often extended to do seemingly unrelated implied powersBuild interstate highwaysBan racial discrimination
17Gibbons v. Ogden, 1824New York had given Robert Fulton exclusive rights to operate a steamboat on the Hudson RiverFulton gave Ogden a permit to operate the steamboat for himGibbons had a license from the U.S. government to operate a steamboat in the same area
18What are the Constitutional Issues? Whose permit is supreme?What does “commerce” mean?
20Gibbons v. Ogden, 1824The court decides to interpret “commerce” very broadly“Commerce” means virtually all commercial interactionsThus, Congress can regulate just about anything
21Powers that Both Houses use together (concurrent power) Powers of Money and CommercePower to “coin money and regulate the value thereof” (legal tender)Power to “establish uniform laws on the subject of bankruptcies”
22Expressed Powers: Foreign Realtions Congress has the power to declare warHowever the act of waging war was abdicated to the president.The War Powers Resolution of 1973: “Congress claimed the power to restrict the use of American forces in combat in areas where a state of war does not exist.”
23Other Expressed Powers Naturalization – setting the rules to become a citizenPostal Power – Congress sets up the Post OfficeCopyrights and PatentsWeights and Measures – making sure they mean the same thing nationwide
24Other Expressed Powers Power over territories – Congress controls territories, and decides whether they become states or notEminent Domain – Congress can take private property for public useJudicial Power – Congress sets up the court system
25Implied PowersNecessary and Proper Clause – Where the implied powers come from, Article I, Section 8, Clause 18Tells Congress they can make any laws “necessary and proper” for carrying out their expressed powers
26McCulloch v. Maryland (1819) First case that tested the Necessary and Proper ClauseCongress created a national bank, and Maryland hated itMaryland placed a tax on all national bank transactions to try and put it out of business
28John Marshall and the Court Say: Any laws Congress passes, so long as they hold to the spirit of the Constitution, are okayThis is a liberal constructionist positionSince this case, Congress has used many implied powers
29Nonlegislative Powers Impeachment – means to bring criminal charges againstImpeachment requires majority vote in the House
30Nonlegislative Powers After House votes, trial beginsChief Justice acts as judge, Senate acts as jury
31Nonlegislative Powers A conviction, which would remove the president from office, requires a 2/3 vote in the Senate
32Acquit - is when people are found not guilty after they are impeached. Andrew Johnson was acquitted by one vote.Nixon Resigned before the trial.Clinton was acquitted.
33SuccessorIs a replacement or someone to fill the vacancy, which is subject to a majority vote in both houses of Congress.Has been used twice, Ford in 1973 and Rockefeller in 1974.
34Executive PowersAppointment – President appoints officials with majority approval of Senate
35Executive PowersTreaties – President makes treaties, but Senate must approve with 2/3 vote