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The United States Congress The EXPRESSED & IMPLIED Powers of Congress

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Presentation on theme: "The United States Congress The EXPRESSED & IMPLIED Powers of Congress"— Presentation transcript:

1 The United States Congress The EXPRESSED & IMPLIED Powers of Congress

2 I. Delegated Powers Congress has only those powers Delegated it in the Constitution 27 Total Powers Expressed Powers: written directly in the Constitution Implied Powers: powers that are “reasonably suggested”; Elastic Clause Inherent Powers: powers that exist because the government exists ***These powers are subject to interpretation (206 powers, 190 undisputed) How do our lawmakers view their ability to make new laws?

3 II. Constructionists Strict Constructionist: Congress has only those expressed and implied powers that are absolutely necessary to carry out an expressed power Supported by Thomas Jefferson Believe more in the 10th Amendment & less in the Elastic clause Believe more in State’s Rights; “the government that governs least, governs best” Narrow interpretation of the Constitution Modern day Libertarians and conservatives??? Strict: If we are not given the power to enact something we probably can’t vs …. Loose- If it doesn’t say we can’t do it (1-9), we probably can.

4 II. Constructionists Powers denied to Congress
Writ of Habeas Corpus shall not be suspended, unless in cases of rebellion or invasion or when public safety may require it. Habeas Corpus: must be told what you are being charged with and how long you will be held in prison No Bill of Attainder or Ex Post Facto law shall be passed Bill of Attainder: legislative branch declares a person guilty and punishes them without trial Ex Post Facto Law: making an act that was formerly legal, now illegal, and punishing accordingly; or increasing the punishment for a previous act that was committed

5 II. Constructionists Liberal Constructionist: broad interpretation of the powers expressed to Congress Supported by Alexander Hamilton Believe in more Elastic Clause /General Welfare and less 10th Amendment 1-8-1: The Congress shall have Power To lay and collect Taxes, Duties, Imposts and Excises, to pay the Debts and provide for the common Defence and General Welfare of the United States; but all Duties, Imposts and Excises shall be uniform throughout the United States

6 II. Constructionists Country needs an “Energetic Government” to address needs as they arose (FDR, Trump-Wall) Modern day Liberals, progressives, “activist judges” Broad interpretation of the Constitution This ideology definitely WON OUT!!!

7 Expressed Powers – Money & Commerce
***Art. 1 Sect. 8 has 18 clauses expressing 27 powers ***Interpreting these powers, even the expressed ones, is the job of the Supreme Court The Power to TAX - “The Congress shall have Power To lay and collect Taxes, Duties, Imposts and Excises, to Pay the Debts and provide for the Common Defense and General Welfare of the United States” Article 1, Section 8, Clause 1

8 III. Money and Commerce Limits on Taxing Power Purpose of Taxes
Tax a charge levied by government on persons or property to raise money to meet public needs. ***Can be levied to protect public health and safety as well. Tariff brings in revenue too, but its real goal is to protect domestic industry against foreign competition. Limits on Taxing Power Congress may tax only for Public purposes, not for private benefits May not tax Exports: goods we sell to other countries

9 III. Money & Commerce The Power to BORROW – Congress has the power to borrow money on the credit of the US Deficit Financing: gov’t spending more than it takes in each year in taxes (must borrow to make up the difference) Debt: all of our deficits combined throughout our history – currently $20 Trillion

10 III. Money & Commerce Commerce Power: power of Congress to regulate interstate and foreign Trade Limits on Commerce Power Cannot Tax Exports Making states have to have equivalent tax rates

11 III. Money & Commerce Currency Power: power to coin money and regulate the value thereof (Fed. Reserve) Bankruptcy Power: establish uniform Bankruptcy laws Bankruptcy: person’s/business’ assets are distributed to those in whom a debt is owed

12 IV. Other Expressed Powers
Foreign Relations Power: States have NO independent relations with other nations They are not Sovereign (P-T-S-G)

13 IV. Other Expressed Powers
War Powers Only Congress may officially Declare War Congress has the power to raise and support armies, provide & maintain a navy, and make rules pertaining to the governing of Land and Naval forces. War Powers Act: Forbids military from remaining for more than 90 TOTAL days without an authorization of the use of force (from Congress) or a declaration of war.

14 IV. Other Expressed Powers
Naturalization: Citizens of one country becoming citizens of another Postal Power: establishing Post offices and Post Roads

15 IV. Other Expressed Powers
Copyrights and Patents: Copyright: the exclusive right of an author to reproduce, publish, and sell his or hers creative work. “Intellectual property.” Good for the life of the author plus 70 years Ex. Books, lyrics, cartoons, photographs, movies, etc. Patents: grants a person the sole right to manufacture, use, sell “any new and useful art, machine, manufacture, or composition of matter, or any new and useful improvement thereof.” Good for years

16 IV. Other Expressed Powers
What is the difference? Copyright protects original works of authorship Patent protects inventions and discoveries What about a trademark? Trademarks last Forever and protect Words Ex. Nike Symbol, “Three Peat,” Trump – “You’re Fired” possibly

17 IV. Other Expressed Powers
Weights and Measures Power Accurate, uniform gauges of time, distance, area, weight, volume and the like 1838 pound, ounce, foot, gallon, quart; 1868 they also legalized the metric system. Power over territories and other areas Congress has the power to Acquire, Manage and dispose of various federal areas. (District of Columbia, P.R., Guam, Virgin Islands and things like military installations, arsenals, dockyards, prisons, parks) Congress may also Acquire Property by purchase or gift Eminent Domain: Congress may take property for private or public use

18 IV. Other Expressed Powers
Judicial Powers Power to create all federal courts below the Supreme Court Define federal crimes and set Punishments for violators of fed. Law – Constitution only names 4 crimes: Counterfeiting Piracies and felonies on the high seas Offenses against International Law Treason

19 IV. Other Expressed Powers
Non-Legislative Powers Constitutional Amendments: Congress may propose amendments by a 2/3 vote (33 times…only 27 passed) Impeachment: formal accusation; bring charges against the President House: sole power of impeaching (charging) Senate: sole power to conduct the TRIAL Impeachment only requires a majority vote in the House Conviction requires 2/3 (67) vote in the Senate REMOVAL of the elected official is IMMEDIATE upon conviction

20 IV. Other Expressed Powers
3 Presidents: A. Johnson, Clinton, & Nixon In the case of Nixon, the House brought forth 3 articles of impeachment. One of which, was Nixon’s refusal to respond to their Subpoena: a legal order requiring a person to appear in court and/or produce certain evidence. Nixon Resigned before the trial began.

21 IV. Other Expressed Powers
Executive Power Appointments: all appointments made by the President must be approved by a majority vote of the Senate Treaties: President makes treaties with the advice and consent of the Senate, providing 2/3 of the Senate agree


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