Essential Question: How have the powers of Congress changed over time?

TEKS and Objectives I will… We will… CON 3.B explain how the structure, powers, and functions of Congress affect the policy-making process CON 3.C explain how congressional behavior is influenced by election processes, partisanship, and divided government Contrast the expressed powers and implied powers of Congress Explain the importance of the power of the purse Describe the non-legislative powers of Congress

Constitutional Provisions Expressed Powers Sometimes called enumerated powers Directly stated in Article I, Section 8, Clauses 1-18 Implied Powers Found in the necessary and proper clause (clause 18) Implies that Congress can do whatever is “necessary and proper” to carry out enumerated powers

Constitutional Provisions McCulloch v. Maryland Allowed Congress to set up a national bank Helped greatly expand the powers of Congress Limits on Congress Bill of Rights Specific powers denied by Article 1, Section 9 i.e. power to tax exports

Constitutional Provisions Legislative Powers (power to pass laws) Non-Legislative Powers (not related to making laws) Taxing, spending, borrowing money Regulating Interstate Commerce Foreign Policy Providing for nation’s growth Protecting intellectual property Establish post office and courts Removal power Confirmation power Ratification power Amendment power

Checkpoint How do the expressed powers and implied powers of Congress differ? What powers of Congress are listed in the Constitution? What is the difference between legislative and non-legislative powers?

Power of the Purse Taxing and Spending Power Revenue Bills Power to levy taxes and control spending Found in Article I, Section 8 Revenue Bills A law for raising money Must originate in the House Article I, Section 7

Power of the Purse Authorization Bill Appropriation Bill Law that establishes and sets a budget for a program Appropriation Bill Law that authorize the spending of money

Power of the Purse Expanding Regulatory Powers Congress can require states to follow certain rules when authorizing money for state/local programs Can regulate the economy by cutting/increasing taxes

Other Money Powers Power to Borrow Money Power to Coin Money Selling bonds (borrowing money from the people who purchase them) Foreign governments often buy bonds Increases national debt Power to Coin Money Issues currency and regulates its value

Commerce Power Commerce Clause Definition of Commerce Article I, Section 8, Clause 3 Authorizes Congress to regulate foreign commerce and interstate commerce Definition of Commerce Expanded by Supreme Court over the years Now includes broadcasting, baking/finance, air/water pollution

Commerce Power Civil Rights Act of 1964 Congress used commerce clause to prohibit discrimination in restaurants, hotels, and motels

Gibbons v. Ogden (1824) Background New York issues a license to Robert Fulton to be exclusive steamboat operators Company issued Ogden a permit for a steamboat operation Federal government issued Gibbons a license to operate boats between New York and New Jersey

Gibbons v. Ogden (1824) Question Decision Does the Commerce Clause give Congress authority over interstate navigation? Decision Interstate navigation falls under interstate commerce National government has exclusive power over interstate commerce States cannot pass laws interfering with that power

Heart of Atlanta Motel v. United States (1964) Background Civil Rights Act forbade racial discrimination in places of public accommodation in operation affected commerce Heart of Atlanta Motel refused to accept black Americans

Heart of Atlanta Motel v. United States (1964) Question Did Congress exceed its Commerce Clause powers by depriving places of public accommodation the right to choose their own customers? Decision Commerce Clause extends the anti-discrimination provisions of the CRA to hotels that host travelers from outside the state

United States v. Lopez (1995) Background Congress passed Gun Free School Zone Act in 1990 prohibiting people from carrying a gun in a school zone Presence of a gun has a negative impact on students’ ability to learn, which will impact their future success and the nation’s economy (interstate commerce) Lopez convicted under this law asked higher court to overturn conviction

United States v. Lopez (1995) Question Was the Gun Free School Zones Act unconstitutional? 2nd Amendment, Commerce Clause Decision Possessing a gun in school not an economic activity Law overturned

Checkpoint What are the economic powers of Congress? Why do you think the Founders gave the Power of the Purse to Congress? How would you define commerce? Do you agree with the court’s definition of commerce? Why or why not?

Foreign Policy powers Foreign Policy Congressional Powers Strategy in dealing with other nations Powers shared by Congress and the President Congressional Powers Approve treaties, declare war, create and maintain and army and navy, make rules governing land and naval forces, regulate foreign commerce

Foreign Policy Powers Declaration of War Vietnam War Congress has declared war 5 times President has used troops in international conflicts more than 200 times (i.e. Korean War, Vietnam War) Vietnam War Costly and unpopular Made Congress re-examine President’s war powers

Foreign Policy powers War Powers Act (1973) President must notify Congress within 48 hours after committing troops abroad President must withdraw troops within 60 to 90 days unless approved by Congress Constitutionality of this law remains a topic of debate

Providing for the Nation’s Growth Naturalization Congress establishes process by which immigrants become citizens New States and Territories Congress establishes process for admitting new states Congress governs American territories (i.e. Puerto Rico, Virgin Islands)

Providing for the Nation’s Growth Federal Property Congress passes laws governing federal property (i.e. military bases, government buildings) Today includes national parks, historic sites, and public lands

Other Legislative Powers Copyright The exclusive right to publish and sell a literary, musical, or artistic work for a specified period Lifetime of the creator + 70 years

Other Legislative Powers Patent The exclusive right of an inventor to manufacture, use, and sell invention for specific period 20 years, can be renewed

Other Legislative Powers Post Office and Courts Established by Congress Federal crime to use the mail for an illegal act

Removal Power Impeachment The formal accusation of misconduct in office First step in removing a federal official from office Power belongs to the House

Removal Power Impeachment Trial Held in the Senate Chief Justice presides over trial 2/3 vote required to convict and remove

Other Non-Legislative Powers Confirmation Power Senate must approve presidential appointments Ratification Power Senate must ratify treaties with foreign nations 2/3 vote required Presidents now negotiate executive agreements that do not require Senate approval

Other Non-Legislative Powers Amendment Power Power to propose constitutional amendments shared with states All current amendment have originated in Congress

Checkpoint What non-legislative powers does the Senate have? Why do you think some actions require a 2/3 approval rather than a simple majority?