Presentation on theme: "What they can and cannot do."— Presentation transcript:
1What they can and cannot do. Powers of CongressWhat they can and cannot do.
2Do we have a Super Congress? Ummmmm….NO!!!!We have a limited Government.The United States is Federal in FormLimits the powers of Congress…
3Congress can do a lot…. BUT not these… Create a National Public School SystemRequire that all people attend churchSet a minimum age for a driver’s licenseCongress can only have the powers that are delegated to them, and are not denied to them.
4Three Types of Congressional Powers ExpressedImpliedInherent
5Interpreting the Constitution Strict vs. Liberal Strict ConstructionLiberal ConstructionCongress should only have the powers expressed in the Constitution, and those implied to carry out the expressed powers.Not a fan of implied powersLiteral Interpretation of Constitution.Government that governs least = best government!!!Thomas Jefferson and all those Anti-FederalistsBroad interpretation, giving Congress many ADDITIONAL implied powers.Government to have MORE POWER.Alexander Hamilton and the Federalists
8Expressed Powers Article 1, Section 8 Power to TaxPower to BorrowCommerce PowerCurrency PowerBankruptcyForeign Relations and War PowersBut Wait….. There’s MoreNaturalizationPostal PowerCopy Rights and PatentsWeights and MeasuresPower over TerritoriesJudicial Powers
9Power to Tax… (don’t you just love this one?!) Congress has this power in order to:Meet Public NeedsProtect Domestic IndustryProtect Public Health and SafetyExample: Taxes on Narcotics are mean to protect public health… Cigarette taxes go toward public health research as well… (did you know cigarettes in NY are over $11.00…. Mostly taxes).
10There are Some Limitations…. Can only tax for public purposes….. Not for private benefitMay not tax exportsBut they can on ImportsDirect Taxes: divided among states based on populationIndirect Taxes: levied at the same rate in all parts of the country
11Congress and Taxing Limitations By Constitution: Implied Limitations: Public Purposes onlyNo Tax on ExportsDirect Taxes based on populationIndirect Taxes must have the same rate all overImplied Limitations:Federal Government can’t: tax the statesStates: Can’t tax federal governmentAnything that is a non government action in the state or local governments CAN be taxed
12Direct vs. Indirect Taxes Direct: Must be paid by the person on who it is imposed on.I pay my taxes!Income Tax16th AmendmentIndirect Taxes: Paid by one person and then passed to another.Indirectly Paid by the second person.Tobacco TaxesCigarette Companies pay the tax to the treasury and then the company passes it down to the person purchasing the cigarettes.
13Federal Taxes TodayIncome Tax- Flexible. Levied to: Individuals and Companies.Excise Taxes- Manufacture, sale, or Consumption of goods and servicesEstate and Gift Taxes-On estate of someone who dies. Gift Tax prevents someone from avoiding this tax before someone gives it away before death.Custom Duties- Goods that are brought into the country from abroad. 2% of government revenue. Cigars, Alcohol, etc.
14Power to Borrow Congress CAN borrow to finance it’s “Business.” No constitutional Limit on how much it can borrowFederal government spends more than it collects.The need to borrowCan you guess how much the deficit/debt is?
16Commerce Power They can regulate interstate and foreign trade Gibbons vs. Ogden, 1824.Supreme Court says:Power to regulate commerce includes: all commercial intercourse between states and nations.This power implies many others, but it is still super limited.
17Currency Power Power to issue money and regulate the value. The reason why a dollar is worth a dollarSTATES CAN’T DO THIS…. NO, NO, NO!In the beginning, most forms of money were coins.1871, Supreme Court says: Paper money was legal tender.Any money that a creditor must accept by law for payments of debt.
18Bankruptcy Power to Establish uniform Bankruptcy laws. Bankrupt? Means that the court has found that you can’t pay your debts. Donald Trump has filed Bankruptcy before.BANKRUPTCY: Legal Proceeding where the bankrupt’s assets are divided up among who they owe.Concurrent Power:States and National Government can both make laws.Most are heard in federal courts rather than state courts.
19Foreign Relations and War Powers Can make laws for the United States and can act on matters affecting the security of the nation.The United States is sovereign in the world community. They also have expressed powers in the Constitution.War Powers:Can Declare WarCan raise and support armies.Organize, arm, and discipline it too!Can provide and maintain a navy.Can restrict the use of American forces in areas where there is no war.
20Naturalization and Postal Power Naturalization: How a person becomes a citizen in the United States.Uniform Laws on how to do this.Can establish Post offices and postal roads.Everyone gets their Mail!Make sure nothing bad gets in…Example: Bombs, Anthrax, drugs, etc.
21Copy Rights and Patents Copyrights: Exclusive right of an author to:PublishReproduceSellIssued at the Library of Congress.Good for life of the author plus another 50 years.Nicholas Sparks is an author. His copyrights are good for his entire life and then 50 years after he dies….Patent: Sole right to a person to manufacture a good.Good 17 years the good is invented.Extension: Special right of Congress.Patent and Trademark office is located in the Department of Commerce
22Power over Territories Acquire, Manage, and Dispose of various federal areas.D.C., Guam, Virgin Islands, and Puerto Rico.Eminent Domain: The right to take private property for public use…. This is an inherent power.Any sovereign nation can acquire unclaimed property by discovery.
23Judicial Powers Checks and balances have to be maintained Congress has some judicial powersThey can:Create all federal courts below the supreme court for organizationDefine federal crimes and provide for the punishments for those who violate the laws.
25Necessary and Proper Clause This is the source of Congress’ Implied Powers.AKA: “The Elastic Clause” It’s called this because Congress can stretch it’s powers just like a rubber band.Congress has the power: “to make all laws which shall be necessary and proper for carrying into execution the foregoing [expressed] powers.”
26Interpreting N&P Clause Alexander Hamilton: Secretary of TreasuryProposed a National Bank in 1790Opposition: Congress does not have that Power!Supporters: It is a Necessary and Proper power of Congress.Congress:Established a National Bank in 1791.(it was supposed to expire in 1811)
27National Bank Again? 2nd National Bank by Congress Opponents: 1816 Maryland 1818, the state put a tax on notes by any bank doing business there, except those that were chartered by the state legislature.Baltimore’s Second Bank Branch got hit hard.James McCulloch: CashierIssued notes where no tax had been paid.
28McCulloch vs. Maryland Maryland took McCulloch to court. Maryland won!The United States however decided to back McCulloch up and take his case to the Supreme Court.Argument?Maryland: The National Bank is UNCONSTITUTIONALU.S.: It’s an implied powerSupreme Court: Reversed the Maryland Court decision, and implied powers were approved.
29N & P ContinuedToday:Generally interpreted as “Convenient and Useful.”As long as the implied powers have their basis in the expressed powers (supports and helps Congress successfully use their expressed powers), then this idea will remain true.
30Non-Legislative Powers Constitutional AmendmentsCongress Can:Propose Amendments to the Constitution with 2/3 vote in each house (Senate and House of Representatives).Call a National Convention to propose an amendment if 2/3 of state legislatures call for one.HAS NOT HAPPENED YET!
31ELECTORAL DUTIESThe House of Representatives may be called upon to elect the President if no candidate has reached a majority of the electoral votes.Choose from the top 3 candidates.Senate may be called as well to vote for the Vice President if no one has reached a majority.25th Amendment- filling vacancy in VPPresident nominates. Needs a majority vote in both Senate and House of Representatives.
32ImpeachmentThe House of Representatives: Sole Power to vote on articles of impeachment:PresidentVice PresidentOther Civil OfficialsTreason, Bribery, misdemeanors, and other high crimes. (Bill Clinton: Purgery)The Senate has the sole power to hold the trial for those impeached by the House.
33Impeachment…. House can impeach by majority vote In order to convict? 2/3 of Senators have to be present at the trial.Chief Justice: Must preside over the Senate if the President is being tried.If convicted? RemovalHouse impeached Andrew Johnson, No conviction because of ONE VOTE.House impeached Bill Clinton (12/19/98). Senate Acquitted on 2/12/99.Richard Nixon decided to resign because it was certain he was going to be impeached.
34Executive PowersThe Senate must confirm all major appointments made by President.Cabinet MembersSupreme Court JusticesThe Senate must confirm all treaties made by the President.Mr. P does not have the final say on this. Checks and Balances.