1. The Legislative Branch Chapter 4 Section 3 The Expressed Powers

2. Objectives: * Describe the three types of powers delegated to Congress. * Understand the expressed powers of Congress, including the commerce, taxing, bankruptcy, and borrowing powers, and explain why the Framers gave Congress the power to issue currency. * Identify the key sources of the foreign relations powers of Congress.

3. The Expressed Powers There are real limits placed on Congress and what they can do. 1 - The government in the United States is a limited government. 2 - The American system of government is federal in form Delegated Powers – Congress has only those powers delegated (granted, given) to by the Constitution.

4. The Expressed Powers Large areas of power are denied to Congress (1) in so many words in the Constitution, (2) by the Constitution’s silence on many matters, and (3) because the Constitution creates a federal system. Things Congress cannot do… – Create a national public school system. – Require people to vote or attend church. – Set a minimum age for marriage or driver’s licenses. – It cannot abolish jury trials, confiscate handguns or authorize the censorship of Newspapers, television, or radio.

5. The Expressed Powers Congress does have a number of powers and they are delegated in three different ways – Inherent Powers – those that belong to all sovereign nations – for example the power to control a nation’s borders. – Expressed Powers –those state in the Constitution – for example, the power to regulate both foreign and interstate commerce (trade). – Implied Powers – are not stated in the Constitution, but drawn from the expressed powers. Based on the expressed powers to regulate commerce, Congress has set a minimum wage for hourly workers.

6. The Expressed Powers The Commerce Power The buying and selling of goods and services. The power of Congress to regulate interstate and foreign trade – is vital to the welfare of the nation. First Case involving Commerce Clause to reach the Supreme Court – Gibbons v. Ogden, 1824 – It arose out of a clash over the regulation of steamboats by the State of New York. – Robert Fulton in 1807 had steamboats – The Clermont – went from New York City to Albany, NY.

7. The Expressed Powers – He got an exclusive, long-term grant to navigate the waters of the State of New York. – Aaron Ogden was given a permit to navigate his steamboat between New York and New Jersey. – Thomas Gibbons had a coasting license from the Federal Government and he began to carry passengers on the water- ways of New York.

8. The Expressed Powers – Ogden sued that he had an inclusive right to hall passengers between New York and New Jersey. – New York Courts ruled in favor of Ogden. – Gibbons took it to the Supreme Court who ruled that the Federal Government license was above that of the State license.

9. The Expressed Powers Gun-Free School Zone Act of 1990 – Supreme Court ruled that the act that only allowed police officers to carry a gun in or around a school, was not allowed. – Congress does not have any connection between interstate commerce and guns at school, which is the connection that Congress gave for passing this law. Four limits on Congress when it comes to the Commerce Power… – cannot tax exports – cannot favor the ports of one state over those of another in regulation of trade. – Cannot require that “Vessels bound, to or from, one State be obligated to enter, clear, or pay Duties in another State”. – Could not interfere with the slave trade until at least the year 1808.

10. The Expressed Powers The Money Power Congress has several expressed powers when it relates to money. – The power to tax – The power to borrow – The power to establish laws on bankruptcy – The power to coin money

11. The Expressed Powers Federal Government will take in some $ 2.1 TRILLION or more in a fiscal year. 95% of that money will come in the form of taxes. A TAX is a charge levied by the government on persons or property to raise money to meet public needs.

12. The Expressed Powers Congress does not have an unlimited power to tax. – Power to tax has to meet one of three qualifications. Congress may tax only for public purpose, not for private benefit. Congress may not tax exports Direct taxes must be apportioned among the States according to their population. – A direct tax is one that must be paid directly to the government by the person on whom it is imposed. Tax on ownership of land or buildings. Income Tax is another example.

13. The Expressed Powers The Borrowing Power – The Constitution gives Congress the power to borrow money on the credit of the United States. – There is no Constitutional limit placed on borrowing of money. – The Treasury does the actual borrowing, not Congress. – Usually it will issue Treasury Notes (T-Notes) or Treasury Bills (T-Bills) for short-term borrowing and bonds for long-term borrowing.

14. The Expressed Powers – Public Debt is all of the money that is borrowed by the Federal Government over the years and not yet repaid, plus the accumulated interest on that money. – The Public Debt (most often called the National Debt) is around $ 17 Trillion+ United Stats Debt as of September 07, 2015 $18,152,809,942,589.00

15. The Expressed Powers The Bankruptcy Power – Congress has the power to establish uniform Laws on the subject of bankruptcy. – Bankruptcy is the legal proceeding in which the bankrupt’s assets are distributed among those to whom a debt is owed. – The States and National Government had powers to regulate bankruptcy laws. The Currency Power – Congress has the power to coin Money and regulate the value or it. – The Framers had agreed that the United States needed a single currency. – Legal Tender – any kind of money that a creditor must by law accept for payment of debts.

16. The Expressed Powers Other Domestic Powers Other Expressed Powers on Congress include… – Copyrights and Patents – Copyright is the exclusive right of an author to reproduce, publish, and sell their creative work. These are good for the author’s life and another 70 years. The Federal Government does not enforce the laws, it is up to the author to do this in court. – Patent grants a person the sole right to manufacture, use, or sell “any new and useful process, machine, manufacture, or composition of matter, or any new or useful improvement.”

17. The Expressed Powers – The Postal Power Congress has the power to set up postal routes and deliver the mail. Today there are some 32,000 post offices in our country. There are a number of crimes that are based on postal power that Congress has passed. – Eminent Domain Congress has the power to acquire property by purchase or gift. It may also exercise this power, the inherent power to take private property for public use. Government has to pay the owner for the land they take. – Naturalization Congress has set the rules to become a citizen of our country.

18. The Expressed Powers Congress and Foreign Policy Federal Government has the greater power in the field of foreign affairs. Congress sets the foreign policy with other countries. The War Power Congress is the only one that can declare war on another country, not the President. Congress is the only one that raise and maintain a military for the country.

19. The Expressed Powers Amount Added to the Debt for Each Fiscal Year Since 1960: John F. KennedyJohn F. Kennedy: Added $23 billion, a 8% increase to the $289 billion debt level at the end of Eisenhower's last budget, FY1961. FY 1964 - $6 billion.FY 1963 - $7 billion. FY 1962 - $10 billion. Lyndon B. JohnsonLyndon B. Johnson: Added $42 billion, a 13% increase to the $312 billion debt level at the end of JFK's last budget, FY 1964. FY 1969 - $6 billion.FY 1968 - $21 billion. FY 1967 - $6 billion.FY 1966 - $3 billion. FY 1965 - $6 billion.

20. The Expressed Powers Amount Added to the Debt for Each Fiscal Year Since 1960: Richard NixonRichard Nixon: Added $121 billion, a 34% increase to the $354 billion debt level at the end of LBJ's last budget, FY 1969. FY 1974 - $17 billion.FY 1973 - $31 billion. FY 1972 - $29 billion.FY 1971 - $27 billion. FY 1970 - $17 billion. Gerald FordGerald Ford: Added $224 billion, a 47% increase to the $475 billion debt level at the end of Nixon's last budget, FY 1974. FY 1977 - $78 billion.FY 1976 - $87 billion. FY 1975 - $58 billion. Jimmy CarterJimmy Carter: Added $299 billion, a 43% increase to the $699 billion debt level at the end of Ford's last budget, FY 1977. FY 1981 - $90 billion.FY 1980 - $81 billion. FY 1979 - $55 billion.FY 1978 - $73 billion.

21. The Expressed Powers Amount Added to the Debt for Each Fiscal Year Since 1960: Ronald ReaganRonald Reagan: Added $1.86 trillion, 186% increase to the $998 billion debt level at the end of Carter's last budget, FY 1981 FY 1989 - $255 billion.FY 1988 - $252 billion. FY 1987 - $225 billion.FY 1986 - $297 billion. FY 1985 - $256 billion.FY 1984 - $195 billion. FY 1983 - $235 billion.FY 1982 - $144 billion. George H.W. BushGeorge H.W. Bush: Added $1.554 trillion, a 54% increase to the $2.8 trillion debt level at the end of Reagan's last budget, FY 1989. FY 1993 - $347 billion.FY 1992 - $399 billion. FY 1991 - $432 billion.FY 1990 - $376 billion.

22. The Expressed Powers Amount Added to the Debt for Each Fiscal Year Since 1960: Bill ClintonBill Clinton: Added $1.396 trillion, a 32% increase to the $4.4 trillion debt level at the end of Bush's last budget, FY 1993. FY 2001 - $133 billion.FY 2000 - $18 billion. FY 1999 - $130 billion.FY 1998 - $113 billion. FY 1997 - $188 billion.FY 1996 - $251 billion. FY 1995 - $281 billion. George W. BushGeorge W. Bush: Added $5.849 trillion, a 101% increase to the $5.8 trillion debt level at the end of Clinton's last budget, FY 2001. FY 2009 - $1.632 trillion. FY 2008 - $1.017 trillion. FY 2009FY 2008 FY 2007 - $501 billion.FY 2006 - $574 billion. FY 2007FY 2006 FY 2005 - $554 billion.FY 2004 - $596 billion. FY 2003 - $555 billion.FY 2002 - $421 billion.

23. The Expressed Powers Amount Added to the Debt for Each Fiscal Year Since 1960: Barack ObamaBarack Obama: Added $6.167 trillion, a 53% increase to the $11.657 trillion debt level attributable to President Bush at the end of his last budget, FY 2009. FY 2014 - $1.086 trillion.FY 2013 - $672 billion. FY 2014FY 2013 FY 2012 - $1.276 trillion.FY 2011 - $1.229 trillion. FY 2012FY 2011 FY 2010 - $1.652 trillion. FY 2010 FY 2009 - $253 billion. (Congress passed the Economic Stimulus Act, which spent $253 billion in FY 2009. This rare occurrence should be added to President Obama's contribution to the debt.)Economic Stimulus Act FY 1994 - $281 billion.