The Other Expressed Powers Chapter 11 Section 2

Key Terms Copyright Copyright Patent Patent Territory Territory Eminent domain Eminent domain Naturalization Naturalization

Congress and Foreign Policy President has primary responsibility President has primary responsibility Constitution does not allow the states to take part Constitution does not allow the states to take part Constitution give Congress a significant place in foreign affairs Constitution give Congress a significant place in foreign affairs

Congressional Authority 1. from a number of expressed powers 1. from a number of expressed powers Especially spending power Especially spending power Power to regulate foreign commerce Power to regulate foreign commerce War powers War powers

Congressional Authority 2. The United States is a sovereign state 2. The United States is a sovereign state Has Inherent Powers in security of the nation Has Inherent Powers in security of the nation Regulate Immigration Regulate Immigration Combat Terrorism Combat Terrorism

War Powers Six of 27 expressed powers Six of 27 expressed powers Article 1, Section 8 deals specifically with defense Article 1, Section 8 deals specifically with defense Constitution makes the President Commander in Chief Constitution makes the President Commander in Chief President dominates the field President dominates the field

War Powers Only Congress can declare war Only Congress can declare war Has the power to raise armies Has the power to raise armies Provide and maintain a navy Provide and maintain a navy Make rules for the nation’s military Make rules for the nation’s military Can call out the militia Can call out the militia

In 200 years of history the President has used the armed forces In 200 years of history the President has used the armed forces Most times without declaration of war Most times without declaration of war President must be able to respond quickly President must be able to respond quickly

War Powers Resolution Johnson and Nixon moved Congress to enact this resolution Johnson and Nixon moved Congress to enact this resolution Enacted 1973 Enacted 1973 Because of the Viet Nam War Because of the Viet Nam War

President Can Commit The Military 1. If Congress declares war 1. If Congress declares war 2. When Congress has specifically authorized military action 2. When Congress has specifically authorized military action 3. When an attack on the United States or any of its armed forces 3. When an attack on the United States or any of its armed forces

War Powers Resolution If U.S. is attacked the President must report to Congress in 48 hours If U.S. is attacked the President must report to Congress in 48 hours Any military commitment must end in 60 days Any military commitment must end in 60 days Unless Congress agrees Unless Congress agrees Congress can end commitment at any time Congress can end commitment at any time

Domestic Powers Copyrights and Patents Copyrights and Patents Copyright- is the exclusive right of an author to reproduce, publish and sell his or her work, can be transferred Copyright- is the exclusive right of an author to reproduce, publish and sell his or her work, can be transferred Copyrights are registered by the Copyright Office in the Library of Congress Copyrights are registered by the Copyright Office in the Library of Congress Life of the author plus 70 years Life of the author plus 70 years

COPYRIGHTS Copyright office does not enforce the protections Copyright office does not enforce the protections Up to the holder to think its been violated Up to the holder to think its been violated The holder may bring suit for damages The holder may bring suit for damages Registers 500,000 copyrights a year Registers 500,000 copyrights a year To promote the Progress of Science and useful Arts, by securing for limited Times to Authors and Inventors the exclusive Rights to their perspective Writings and Discoveries Article 1, Section 8, Clause 8 To promote the Progress of Science and useful Arts, by securing for limited Times to Authors and Inventors the exclusive Rights to their perspective Writings and Discoveries Article 1, Section 8, Clause 8

PATENTS Patents- grants a person the sole right to manufacture, use, or sell any new or useful process, machine, manufacture. Patents- grants a person the sole right to manufacture, use, or sell any new or useful process, machine, manufacture. Patent is good for up to 20 years Patent is good for up to 20 years Term of patent may be extended by special act of Congress Term of patent may be extended by special act of Congress Patent and Trademark Office in the Department of Commerce administers them Patent and Trademark Office in the Department of Commerce administers them

Postal Powers Article 1, Section 8, Clause 7 Article 1, Section 8, Clause 7 Gives Congress power to establish post office and Post Roads Gives Congress power to establish post office and Post Roads Post Roads are all postal routes Post Roads are all postal routes Carrying mail is the oldest governmental function Carrying mail is the oldest governmental function

Postal Powers Benjamin Franklin father of present postal system Benjamin Franklin father of present postal system First Postmaster General of the United States First Postmaster General of the United States Today it is an independent agency Today it is an independent agency 700,000 employees 700,000 employees

Postal Crimes Obstruct the mail Obstruct the mail Use mail to commit a crime Use mail to commit a crime Cannot mail Cannot mail Explosives Explosives Intoxicating liquors Intoxicating liquors Live animals Live animals Obscene matter Obscene matter Lottery tickets Lottery tickets

Postal Powers States and local governments cannot interfere with mail States and local governments cannot interfere with mail Cannot require a license for a postal truck Cannot require a license for a postal truck Cannot tax the gas they use or their property Cannot tax the gas they use or their property

Territories and Other Areas Territories- parts of the United States that are not admitted as states, but have a government Territories- parts of the United States that are not admitted as states, but have a government D.C., Puerto Rico, Guam, Virgin Islands, Prisons, Post Offices, Military bases D.C., Puerto Rico, Guam, Virgin Islands, Prisons, Post Offices, Military bases

Eminent Domain The federal government can acquire property by purchase of gift The federal government can acquire property by purchase of gift Eminent Domain-the inherent power to take private property for public use Eminent Domain-the inherent power to take private property for public use 5th Amendment restricts government 5th Amendment restricts government “nor shall private property be taken for public use without just compensation “nor shall private property be taken for public use without just compensation

Eminent Domain May only be taken May only be taken For public use For public use With proper price paid to the owner With proper price paid to the owner For a fair price For a fair price What fact constitutes fair price, proper notice, public use are settled by the courts What fact constitutes fair price, proper notice, public use are settled by the courts

Acquire Territory May be acquired from a foreign state May be acquired from a foreign state To admit a new state To admit a new state War Powers War Powers May claim unclaimed territory May claim unclaimed territory

Weights and Measures Article 1, Section 8, Clause 5 Article 1, Section 8, Clause 5 Congress the power to “fix the Standard of Weights and Measures” Congress the power to “fix the Standard of Weights and Measures” Absolute need for accurate weight, volume, and distance and gauges of time Absolute need for accurate weight, volume, and distance and gauges of time

Naturalization Naturalization- citizens of one country become citizens of another country through a process Naturalization- citizens of one country become citizens of another country through a process Congress has exclusive power to establish a uniform rule for naturalization Congress has exclusive power to establish a uniform rule for naturalization

Judicial Powers Power to create all federal courts below Supreme Court Power to create all federal courts below Supreme Court Congress can define federal crimes Congress can define federal crimes Set punishments Set punishments Constitution mentions four- counterfeiting, piracy, against international law, crimes on the high seas Constitution mentions four- counterfeiting, piracy, against international law, crimes on the high seas Congress has established 100 more Congress has established 100 more

Federal Crimes Constitution mentions four Constitution mentions four Counterfeiting Counterfeiting Piracy Piracy Committing crime on the high seas Committing crime on the high seas Offense against international law Offense against international law Congress has 100 Congress has 100