Chapter 5 Section 2 Mr. Plude

A Fire Leads to Change

Defining the Powers of Congress Three types of powers held by Congress —Expressed: spelled out in Constitution —Implied: suggested in Constitution in the necessary and proper clause —Inherent: powers a government maintains simply because it is a government Constitution also denies power to Congress

Expressed Powers of Congress Financing Powers Power to “lay and collect taxes” through direct taxes and indirect taxes (fees) Power to borrow money

Expressed Powers of Congress Commerce Power Power to regulate interstate commerce from commerce clause Congress controls inter-state trade (trade across state lines.) Expressed Powers of Congress

Expressed Powers of Congress Defense-Related Powers Power to declare war Power to raise & fund army and navy

Expressed Powers of Congress Other Expressed Powers National economy (coinage, postal service, copyrights and patents, weights and measures) Include establishing bankruptcy law, naturalization process, courts

Article 1 Clause 1: To levy taxes Clause 2: To borrow money

Article 1 To regulate foreign and interstate commerce Clause 4: To establish uniform rules of citizenship

Article 1 To coin money; to set uniform weights and measures Clause 5: To coin money; to set uniform weights and measures Clause 6: To punish counterfeiters

Article 1 To establish post offices and post roads Clause 8: To make copyright and patent laws

Article 1 To establish national courts inferior to the Supreme Court Clause 9: To establish national courts inferior to the Supreme Court

Article 1 Clause 10: To define and punish piracy and other violations of international law Clause 11: To declare war Clause 12: To raise and support armies

Article 1 To raise and maintain a navy Clause 13: To raise and maintain a navy Clause 14: To establish military laws (UCMJ) Clause 15: To call up a national militia in times of uprising or foreign invasion

Article 1 Clause 16: To organize, arm, and discipline a militia when it is called into service Clause 17: To exercise jurisdiction over the District of Columbia

Article 1 Clause 18: Elastic Clause To make all laws necessary and proper to the execution of any of the other expressed powers Over time, Clause 18, the necessary and proper clause, has become the source of authority for much of the congressional legislation that affects Americans’ everyday lives.

Landmark Supreme Court Cases Gibbons v. Ogden (1824) Why It Matters: First Supreme Court ruling on the Constitution’ commerce clause established Congress’ power to regulate interstate trade

Implied Powers of Congress Loose and Strict Constructionists Strict constructionists - Antifederalists —Congress should only exercise powers explicitly granted in Constitution Loose constructionists - Federalists —Congress should have more freedom to interpret Constitution The Necessary and Proper Clause Today Has led to expanded federal authority over time

Non-legislative Powers Powers Common to Both Houses Propose constitutional amendments Conduct investigations Ability to issue subpoenas, documents that require person to testify Powers of the Senate May choose vice president Provides advice and consent on presidential appointments Must approve treaties negotiated by president Powers of the House Twelfth Amendment,- House can choose president if no candidate receives majority of electoral votes

Limits on the Powers of Congress Many clauses in Constitution protect citizens’ basic civil rights Congress may not suspend writ of habeas corpus, except in cases of rebellion or invasion Congress is forbidden from passing bill of attainder, law that allows person to be punished without trial Constitution also forbids Congress from passing ex post facto laws, laws that criminalize a past action

Post–World War II, U.S. Air Force, CIA, NASA The Changing Power of Congress 1930s Great Depression : provided Social Security, help to unemployed Post–World War II, U.S. Air Force, CIA, NASA Delegated some powers to federal agencies it created

Put your head down and work hard Put your head down and work hard. Never wait for things to happen, make them happen for yourself through hard work and not giving up. Advice is Free