1. Congress

2. Structure and Organization of Congress
Article I, §1
All legislative powers herein granted shall be vested in a Congress of the United States, which shall consist of a Senate and House of Representatives.
Bicameral: has both a Senate and a House of Representatives
The Congressional Record: official record of Congress

3. Membership in Congress House of Representatives
Qualifications
25 years old
citizen of the United States for at least seven years
inhabitant of the state where s/he will run for election
Term – two years

4. Membership in Congress Senate
Qualifications:
30 years old
citizen of the United States for at least nine years
inhabitant of the state where he or she will be a candidate for election
Term -- six years

5. Congressional Powers Commerce Power
Article I, § 8, clause 3: Congress shall have the power to “regulate Commerce with foreign nations, and among the several states, and with the Indian Tribes”
Early Commerce Clause
Gibbons v. Ogden – commerce as “intercourse”
The New Deal and the Commerce Clause
Affectation Doctrine – Congress can regulate that which affects commerce
Used to enact many forms of civil rights legislation

6. The Commerce Clause Today
Congressional authority under the clause as grown significantly
Gonzales v. Raich (2005)
But power is not unlimited
United States v. Lopez (1995)
United States v. Morrison (2000)

7. Congressional Powers Power to Tax
Sixteenth Amendment (1913) – allows Congress to impose an income tax
Court has generally approved use of the taxing power to achieve police power objectives, as long as rationally related to a legitimate governmental interest

8. Congressional Powers Power to Spend
Article I, § 8, clause 1: Congress shall have the power to “pay the debts and provide for the common defense and general welfare of the United States.”
Spending action usually upheld as long as rationally related to a legitimate governmental function
South Dakota v. Dole (1985)

9. Congressional Powers Other Fiscal Powers
Power to coin money
Borrow money
Establish bankruptcy laws
Establish national banks
McCulloch v. Maryland

10. Congressional Powers International, War, and Military Powers
Congress and the President share powers over foreign, international, and military affairs.
It’s an “arena of conflict”

11. Congressional Powers Under Article I, § 8
Establishing duties and imports (clause 1)
Regulating commerce with foreign nations (clause 3)
Establishing uniform rules of naturalization (clause 4)
Punishing crimes on the high seas and offenses against the law of nations (clause 10)
Declaring war, granting letters of marque and reprisal, and making rules concerning captures on land and water (clause 11)
Establishing rules and regulations to govern the United States armed forces (clause 14)
Creating and regulating the national militia (clauses 15 and 16)

12. Clause 1 provides that Congress shall regulate immigration
Article I, § 9
Clause 1 provides that Congress shall regulate immigration

13. Emergency Powers
Power to provide for the use of state militias (National Guard units) to suppress insurrections and defend the nation
Regulate the organization, arming, and disciplining of state militias
May declare martial law in the affected areas of the nation
Congress alone possesses the authority to suspend habeas corpus

14. Investigatory Powers
To acquire information about the subjects it regulates
Congressional hearings
Power to subpoena

15. Confirmation and Impeachment Powers
Appointment and Confirmation
Advise and consent
Which value should be emphasized?
Impeachment
Article I, § 2, clause 5, vests the power of impeachment in the House of Representatives
Article I, § 3, clause 6, gives the Senate the responsibility of trying impeachment cases
Impeachment is a charge against a public official

16. Initiation of Constitutional Amendments
Article 5 of the Constitution allows Congress to start amendment process

17. Two methods of initiating a constitutional amendment
Congressional resolution (with two-thirds majorities in both houses)
Two-thirds of the state legislatures or more, a convention can be convened to propose amendments

18. Two Methods of Ratification
Concurrence of three-fourths of the state legislatures
Conventions in three-fourths of the states

19. Power over Federal Property, Territories, and Native Americans
Congress may control, by appropriate legislation, the purchase and sale of federal property
Congress may employ the power of eminent domain consistent with the Fifth Amendment
Congress may regulate federal properties, including establishing criminal laws that apply on federal properties
Some properties are held by the federal government exclusively
Others are concurrently held with the states

20. Power to Enforce Civil Rights
The Enforcement Clauses of Amendments
Thirteen (abolish slavery)
Fourteen (Due Process and Equal Protection)
Fifteen (voting discrimination based on race)
These clauses allow Congress to enact legislation to enforce the amendments.

21. Other Powers Congress exercises control over aliens and immigration
Has the power to establish a post office and postal roads
Control of patents and copyrights
Address admiralty issues
Govern admission of new states to the union
Assure that each state is a republican form of government