1. Topic 1 Day 1 Congressional Powers
Powers of Congress
Topic 1
Day 1
Congressional Powers

2. Starter Who authorizes changes to our currency?
Congress “shall have the power to coin money.”

3. Objective
Students will be able to identify the various powers given to Congress by the Constitution.
TN State Standard: GC.9

4. Intro
Article 1 of the U.S. Constitution describes Congress and grants it particular powers and also denies it others.
In this section, students will learn about various powers granted to Congress by the Constitution.

5. Question
If you were drafting Article 1, what powers would you want Congress to have and/or not to have?

6. Expressed Powers
Article 1, Section 8, lists 18 separate clauses detailing 27 expressed powers of Congress.
Expressed Powers are explicit, directly stated in the Constitution.
For example, Congress shall have the power to coin money
Questions: Can anyone name any of the expressed powers?

7. Activity
Using Article 1, Section 8, of the Constitution, make a list of the ten expressed powers that you consider most important and rank them in order of importance from 1 (most important) to 10 (least important).
Explain why you ranked each power as you did.

8. Expressed Powers Categories of Expressed Powers of Congress:
Money Powers;
Commerce Powers;
Military and Foreign Policy Powers; and
Other Powers

9. *Money Powers* Congress has the power to
Tax;
Borrow money;
Regulate bankruptcies;
Print and coin money; and
Punish counterfeiters.
Question: What is a tax? Give me an example of a tax?

10. Power to Tax
A tax is a charge imposed by government on persons or property to raise money to fund public needs.
“To lay and collect Taxes, Duties, Imposts and Excises, to pay debts and provide for the common Defense and general Welfare of he U.S….”
90% of the Federal government’s revenue comes from taxes.
Question: What is the purpose of taxes?

11. Purpose of Taxes Used to raise revenue for public purposes/needs;
To protect domestic industry against foreign competition (protective tariffs); and
To protect public health and safety.
Note: a limit on the power to tax is that Congress may tax only for public purposes.

12. Answer: the range of yellow categories represents benefits for the general public, such as social programs. These programs did not exist in

13. Income Taxes
16th Amendment provides the power of Congress to lay and collect taxes on income.
Bills that raise money for the government must begin in the House. Why do you think the Framers wanted it this way?
Reps are elected every two years. As a result, Framers though they would be more careful to follow the wishes of voters.

14. Borrowing, Bankruptcy, and Currency Power
Borrowing Power – no constitutional limits on the amount of money Congress may borrow on credit and no restrictions on the purposes for borrowing.
Public Debt: all of the money borrowed by the Federal government and not yet repaid.
Today, $16 trillion.
Bankruptcy Power – Congress can establish bankruptcy laws
a bankrupt person is one a court finds to be unable to pay his/her bills; bankruptcy is the process by which this person’s legal assets are divided among those owed
Currency Power – Congress can coin money and regulate its value.
Bankruptcy is the legal proceeding in which the bankrupt’s assets are distributed among those to whom a debt is owed; it frees the bankrupt from legal responsibility for debts acquired before bankruptcy.

15. Question
Should there be a constitutional amendment limiting how much Congress can borrow?

16. Commerce Power
Congress has the power to regulate interstate commerce (between states) and foreign trade.
Commerce is the buying and selling of goods and services.
Commerce means “any business that crosses state lines.”
E.g., Congress regulates banking, television, clean air…
Using your phone, take 5 minutes to research and find a federal law passed under Congress’ commerce power.

17. Commerce Power
The Commerce clause places authority over commerce b/w States in the hands of the Federal Government rather than State governments

18. Limits on the Commerce Power
Commerce Clause was used to pass the 1964 Civil Rights Act, prohibiting racial discrimination by businesses; American With Disabilities Act
Some limits: Could not interfere with the slave trade until 1808; Congress may not tax exports or favor one State over another.

19. Question Who ultimately defines the meaning of the Commerce Clause?
Supreme Court

20. What does the stocking represent? (unlimited spending)
What is happening in this cartoon? (the kids realize that they are going to be the ones “filling up the stocking,” paying for the debt.

21. Summary

22. Exit Ticket
Congress can charge an amount of money on persons or property called a _____________ to raise money for public needs;
The _________ power allows Congress to regulate interstate and foreign trade
1) tax; 2) commerce

23. Bellringer Whereas (because); Resolved (decided)
Questions: What group of people declared war? (Hint: look after resolved); Who was given permission to carry out the war?
Answers: Congress; President
President implements war, but this power is balanced by Congress’ power to authorize the use of resources for war.

24. Military and Foreign Policy
The Constitution grants Congress expressed powers relating to foreign affairs; the States play no role in foreign relations.
The Constitution gives the President primary responsibility for conducting American foreign policy (e.g., commander-in-chief; negotiates treaties).

25. The War Powers
Congress shares power with the President in the areas of defense and foreign affairs.
There are 6 clauses (Clauses 11-16) in Article 1, Section 8, that deal explicitly with the subject of war and national defense.

26. Congress v. President
Congress has the power “to declare war” and “raise and support armies” as well as “provide and maintain a navy.” - Article 1
The President “shall be commander in chief of the Army and Navy of the United States.” – Article 2
What principle of government is reflected in the clauses above? Should one branch control the war powers?
Separation of Powers (no one branch has complete control over our military and war); checks and balances (Congress decides when we go to war, but the President is responsible for field command of the military?

27. **The War Powers** Only Congress can: Declare war;
Raise, regulate, and maintain military forces; and
Organize, arm, discipline, and call forth the militia (National Guard) to execute federal laws, suppress uprisings, and repel invasions.

28. War Powers
Understand that there is a balance of power b/w the legislative and executive branch when it comes to war and out military.

29. Other Domestic Powers Congress also has the express power to
Grant copyrights and patents;
Establish post offices;
Establish laws of naturalization; and it also has
Judicial Powers (creating all federal courts below the Supreme Court; defining federal crimes and set punishments that may be imposed

30. Question 1
What are the pros and cons of having Congress or the President in charge of making war?
Each option reflects different values:
consensus-building vs. speed
democratic process vs. secrecy
debate vs. unity

31. Question 2
Select the one below that you most agree with and explain why.
1) The legislature takes too long deliberating when immediate action may be needed;
2) The executive may move too fast before the citizenry are fully supportive of the military effort;
3) Open deliberation of war plans by the legislature provides a strategic advantage to the enemy;
4) Secret war plans made by the executive undermine the very idea of democracy that the nation is fighting to preserve;
5) Debate of different plans in the legislature may ultimately create a strong public consensus; and
6) Unitary control of war by the executive unites the nation behind one plan.