2 The Scope of Congressional powers Chapter 11 Section 1The Scope of Congressional powers
3 Congressional PowerOnly has powers delegated to it by the ConstitutionExpressed: in specific wordingImplied: reasonable deduction from expressed powersInherent: powers held by all national governments
4 Strict Versus Liberal Construction Strict Constructionist: those who insisted that Congress should only be able to exercise its expressed powers and only a few implied powers
5 Strict Versus Liberal Construction Liberal Constructionists: favored a broad construction of the powers given to Congress.
6 The Expressed Powers of Money and Commerce Chapter 11 Section 2The Expressed Powers of Money and Commerce
7 Article I, Section 8This is where the majority of Congress’ powers come from.18 separate clauses27 different powers explicitly given
8 The Power to TaxTax: a charge levied by government on persons or property to meet public needs.Power is limitedNo church taxesPoll taxesOnly for public purposesNo taxes on exportsDirect taxes must be apportioned among the states according to their populationsAll indirect taxes must be levied at the same rate in all parts of the country (tobacco)
9 The Borrowing PowerThe power to borrow money on the credit of the United StatesDeficit financing: the US spends more than it makesPublic Debt: all money borrowed not yet repaid, plus interest.
10 The Commerce PowerCongress’ power to regulate interstate and foreign tradeGibbons v. Ogden, 1824New York v. Federal Gov’t with regulation of steamboatsCourt’s ruling ends shipping monopolies based on commerce
11 The Currency Power The power to coin money and regulate it’s value The Bankruptcy PowerCongress may establish uniform laws for bankruptcy across the U.S.The distributing of assets to those who one owes debts
12 Other Expressed Powers Chapter 11 Section 3Other Expressed Powers
13 Foreign Relations Powers Many powers expressedMatters affecting security of nation or immigration are inherent powersWar Powers8 of the listed powers deal with war and national defense
14 Other Expressed Powers Naturalization: process by which citizens of another country become citizens of the U.S.Postal Power: establish post offices, and routes.Copyrights and Patents:The exclusive right of an author to reproduce, publish, and sell his or her creative work.Life of author, plus 70 yearsThe 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.”20 years, may be extended by act of Congress
15 Other Expressed Powers Weights and Measures: “fix the standard of weights and measures.”1838 established pound, ounce, mile, foot, gallon, quart, etc…1866 legalized use of metric1901 National Bureau of Standards inCommerce Department
16 Power Over Territories and Other Areas Eminent Domain: the inherent power to take private property for public use.May also acquire property through purchase or gift.Manage territoriesDistrict of Columbia,Puerto Rico,Guam,Virgin Islands
17 Judicial Powers They create all federal courts below the Supreme Court Define federal crimes and establish their punishments
19 Necessary and Proper Clause Article I, Section 8, Clause 18Where it draws its implied powersMcCulloch v. Maryland, 1819Supreme Court ruled for McCulloch under the Necessary and Proper ClauseDecision written by Chief Justice John Marshall
20 The Doctrine in Practice Doctrine: is a principle or fundamental policy. The doctrine of implied powers has been applied in instances too numerous to count.
21 The Non-legislative Powers Chapter 11 Section 5The Non-legislative Powers
22 Electoral DutiesThe House of Representatives may be called to elect a President if no candidate receives a majority of the electoral votes.12th Amendment, each state gets 1 vote, must win majorityAlso chose VP, but by individual vote of SenateThomas Jefferson 1801, John Quincy Adams 1825VP Richard M. Johnson 1837
23 ImpeachmentAll civil officers of the U.S. may “be removed from office on impeachment for conviction of, treason, bribery, or other high crimes and misdemeanors.”Military officers are not considered “civil officers”, nor are members of Congress.House has sole power to impeachSenate has the sole power to try, to judge.Requires majority vote in House, 2/3 vote in Senate
24 Impeachment Andrew Johnson 1868 Senate acquit Based on his breaking a law that was passed after he vetoed itBill Clinton 1998Senate acquit“inappropriate relationship” with a White House intern
25 Executive Powers Two executive powers given to the Senate Appointments: all made by President must be confirmed by Senate12 of 600 appointments have been rejectedTreaties: made “by president with advice and consent of the Senate,….provided two thirds of the Senators present concur.”
26 Investigatory PowerMay investigate any matter that falls within the scope of its legislative powers.