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Chapter 5 Section 2 Mr. Plude.

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Presentation on theme: "Chapter 5 Section 2 Mr. Plude."— Presentation transcript:

1 Chapter 5 Section 2 Mr. Plude

2 A Fire Leads to Change

3 Defining the Powers of Congress
Three types of powers held by Congress —Expressed: spelled out in Constitution —Implied: suggested in Constitution in the necessary and proper clause —Inherent: powers a government maintains simply because it is a government Constitution also denies power to Congress

4 Expressed Powers of Congress
Financing Powers Power to “lay and collect taxes” through direct taxes and indirect taxes (fees) Power to borrow money

5 Expressed Powers of Congress
Commerce Power Power to regulate interstate commerce from commerce clause Congress controls inter-state trade (trade across state lines.) Expressed Powers of Congress

6 Expressed Powers of Congress
Defense-Related Powers Power to declare war Power to raise & fund army and navy

7 Expressed Powers of Congress
Other Expressed Powers National economy (coinage, postal service, copyrights and patents, weights and measures) Include establishing bankruptcy law, naturalization process, courts

8 Article 1 Clause 1: To levy taxes Clause 2: To borrow money

9 Article 1 To regulate foreign and interstate commerce Clause 4:
To establish uniform rules of citizenship

10 Article 1 To coin money; to set uniform weights and measures
Clause 5: To coin money; to set uniform weights and measures Clause 6: To punish counterfeiters

11 Article 1 To establish post offices and post roads Clause 8:
To make copyright and patent laws

12 Article 1 To establish national courts inferior to the Supreme Court
Clause 9: To establish national courts inferior to the Supreme Court

13 Article 1 Clause 10: To define and punish piracy and other violations of international law Clause 11: To declare war Clause 12: To raise and support armies

14 Article 1 To raise and maintain a navy
Clause 13: To raise and maintain a navy Clause 14: To establish military laws (UCMJ) Clause 15: To call up a national militia in times of uprising or foreign invasion

15 Article 1 Clause 16: To organize, arm, and discipline a militia when it is called into service Clause 17: To exercise jurisdiction over the District of Columbia

16 Article 1 Clause 18: Elastic Clause
To make all laws necessary and proper to the execution of any of the other expressed powers Over time, Clause 18, the necessary and proper clause, has become the source of authority for much of the congressional legislation that affects Americans’ everyday lives.

17 Landmark Supreme Court Cases Gibbons v. Ogden (1824)
Why It Matters: First Supreme Court ruling on the Constitution’ commerce clause established Congress’ power to regulate interstate trade

18 Implied Powers of Congress
Loose and Strict Constructionists Strict constructionists - Antifederalists —Congress should only exercise powers explicitly granted in Constitution Loose constructionists - Federalists —Congress should have more freedom to interpret Constitution The Necessary and Proper Clause Today Has led to expanded federal authority over time

19

20 Non-legislative Powers
Powers Common to Both Houses Propose constitutional amendments Conduct investigations Ability to issue subpoenas, documents that require person to testify Powers of the Senate May choose vice president Provides advice and consent on presidential appointments Must approve treaties negotiated by president Powers of the House Twelfth Amendment,- House can choose president if no candidate receives majority of electoral votes

21 Limits on the Powers of Congress
Many clauses in Constitution protect citizens’ basic civil rights Congress may not suspend writ of habeas corpus, except in cases of rebellion or invasion Congress is forbidden from passing bill of attainder, law that allows person to be punished without trial Constitution also forbids Congress from passing ex post facto laws, laws that criminalize a past action

22 Post–World War II, U.S. Air Force, CIA, NASA
The Changing Power of Congress 1930s Great Depression : provided Social Security, help to unemployed Post–World War II, U.S. Air Force, CIA, NASA Delegated some powers to federal agencies it created

23 Put your head down and work hard
Put your head down and work hard. Never wait for things to happen, make them happen for yourself through hard work and not giving up. Advice is Free


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