1. Chapter 11 – Powers of Congress
Section 1 – The Scope of Congressional Powers
Section 2 – The Expressed Powers of Money and Commerce
Section 3 – Other Expressed Powers
Section 4 – The Implied Powers
Section 5 – The Nonlegislative Powers

2. Quick Write
Does Congress have a limit on what it can do? If it does where does that limit come from? What limits to you think Congress should have?

3. The Scope of Congressional Powers
Chapter 11 Section 1
The Scope of Congressional Powers

4. Section 1 Vocab Expressed powers Implied powers Inherent powers
Strict constructionist
Liberal constructionist
consensus

5. Express vs. Imply
With a partner discuss what you think these two terms mean:
Express
Imply
How comfortable are you with your knowledge of these words?
Can define it like a dictionary!
Know what it means but couldn’t define it
I have no idea what your talking about…

6. Dictionary Definitions
Express:
convey (a thought or feeling) in words or by gestures and conduct
Imply:
strongly suggest the truth or existence of (something not expressly stated).
(of a fact or occurrence) suggest (something) as a logical consequence

7. Congressional Power
The government of the United States is a limited government
The American system of government is federal in form
The Constitution places many restrictions on Congress:
Congress is denied power because of what the Constitution says Congress can or can not do
Examples: create a national school system, require people to attend church, set a minimum age for drivers’ licenses.
The Constitution grants a number of specific powers and it does so in 3 ways
expressed powers
implied powers
inherent powers

8. Strict Versus Liberal Construction
The Framers of the Constitution wanted a strong national government
Federalists v. Anti-Federalists before and after the adoption of the Constitution.
The debate centered on Congress. How broad were the powers of Congress?
The strict constructionist (Anti-Federalist) (Thomas Jefferson) took the Constitution word-for-word
The Liberal (or loose) constructionist (Federalist) (Alexander Hamilton) said you took the Constitution for implied powers.
The liberal constructionist view prevailed over the years.

9. Expert Gallery Walk 6 Topics:
1 - Foreign relations
2 - War powers
3 - Naturalization
4 - Judicial powers
5 - Copyrights and patents
6 - Necessary and Proper Clause
Create a poster on your topics (ch. 11 section 3 or 4) that answers:
What it is
Where in the Constitution it is found
Modern day or historical example
Graphic representation
You will then rotate around the room leaving an ‘expert’ behind each time to teach the next group (1-2 minutes)

10. Conclusion On a piece of paper:
Define – expressed powers (in your own words)
Define – implied powers (in your own words)
Give one real life example of a expressed and implied power of Congress

11. Section 1 Review Q’s
What 2 features of the American System of government have an impact on the scope of the powers of Congress?
What view of the Constitution do strict constructionists have?
What view of the Constitution do loose constructionists have?
What view prevailed over the years?

12. Expressed Powers of Money and Commerce
Chapter 11 Section 2
Expressed Powers of Money and Commerce

13. Section 2 Vocab Tax Direct tax Indirect tax Deficit financing
Public debt
Commerce power
Legal tender
Bankruptcy

14. The Power to Tax
Article I Section 8, Clause 3 of the Constitution lays out the powers of Congress: “To regulate commerce with foreign nations, and among the several States, and with the Indian Tribes.”
This has led to many questions over how far this clause goes.
Article I Section 8, Clause 1 gives Congress the power to tax. “To lay and collect taxes, duties, to pay the debts, and provide for the common defense and general welfare of the United States.”
The Articles of Confederation did not give Congress the power to tax.

15. The Purpose of Taxes
Tax – a charge levied by government on persons or property to raise money to meet public needs.
2006 – The Federal Government brought in $2.2 trillion.
95% was from taxes
Protective tariffs

16. Limits on the Taxing Power
It is not unlimited. Cant tax churches, would violate 1st Amendment.
Can only tax for public purposes, not private benefit
Can’t Tax
Voting (poll taxes)
Exports
Direct tax – a tax paid by a person on whom it is imposed (income tax)
Indirect tax – paid by one person and passed onto another (cigarette tax)
Where tax money goes – pg

17. The Power to Borrow
Power “to borrow money on the Credit of the United States.” (Article I, Section 8, Clause 2)
Public Debt – all of the money borrowed by the Federal Government over the years and not yet repaid.
There is a legal limit, but it keeps getting raised.
Deficit financing – spending more than you bring in
U.S. Federal Deficit - US Debt Clock
1931 to 1969 – deficit all but 7 years
1969 to 1998 – deficit every year
1999, 2001, 2001 – budget surplus
– not so good

18. The Commerce Power
The power of Congress to regulate interstate and foreign trade
Congress under the Articles had very little power to regulate interstate or foreign commerce (trade)
The power is not unlimited.
Congress can not:
tax exports
favor one State port over another
ships leaving one port
pay duties in other State’s ports.
States can trade with other nations with Congress’ approval.
California would be the world’s 5th largest economy in the world

19. The Currency Power
Congress can “coin money and regulate the value thereof” (Article I, Section 8, Clause 5)
The original 13 States all coined their own money
Nothing to back the money
Also had English money, Spanish money
Coins have been issued in gold, silver, and other metals
States can not issue their own money
Legal Tender – any kind of money that a creditor must by law accept for payment in debts
Page 299

20. The Bankruptcy Powers
Congress is given power (Article I, Section 8, Clause 4) to establish uniform bankruptcy laws
Bankruptcy – the legal proceeding in which the bankrupt’s assets are distributed among those to whom a debt is owed

21. Section 2 Review Q’s What are two types of tax?
What powers of Commerce does Congress have?

22. Other Expressed Powers
Chapter 11 Section 3
Other Expressed Powers

23. Section 3 Vocab
Naturalization
Copyright
Patent
Eminent Domain

24. Foreign Relations and War Powers
The National Government has greater powers in Foreign Relations and War than any other area.
Page 302

25. Other Expressed Powers
Naturalization – process of becoming a US Citizen (for immigrants)
Postal Power – establish “Post Offices and post roads”
Copy Rights and Patents
Copyright – exclusive right of an author to reproduce, publish, and sell his or her creative work (can be bought or sold by contract)
Patent – grants a person the sole right to manufacture, use, or sell “any new and useful art, machine, manufacture or composition of matter, or any new and useful improvement thereof” (good for 20 years, can be extended by Congress)

26. Other Expressed Powers Cont…
Weights and Measures (Article I, Section 8, Clause 5)
Time, distance, area, weight, volume etc…
1901 – Last time Congress set weights and measures

27. Other Expressed Powers Cont…
Power over territories and other areas (Article I, Section 8, Clause 17, Article IV, Section 3, Clause 2)
Acquire, manage, and dispose of various federal areas
i.e. Washington DC, Puerto Rico, Guam, Virgin Islands
Eminent Domain – the inherent power to take private property for public use

28. Other Expressed Powers Cont…
Judicial Powers –
Create all of the federal courts below the Supreme Court
Define federal crimes and set punishment
Counterfeiting, piracy, felonies on the high seas, offenses against international law, treason and 100 more federal crimes

29. Section 3 Review Q’s
Name the powers that the Congress has?

30. Chapter 11 Section 4
Implied Powers

31. Section 4 Vocab
Appropriate
Necessary and Proper Clause
Doctrine

32. The Necessary and Proper Clause
“To make all laws which shall be necessary and proper for carrying into execution the foregoing, and all other powers vested by this Constitution in the Government of the United States, or in any department or officer thereof.”
The ability for the Constitution to adapt to different times has been traced to this clause.
Also called the elastic clause, for its ability to be stretched so far to cover so much over the years.

33. The Battle Over Implied Powers
The Necessary and Proper Clause came into play in 1790.
Alexander Hamilton called for the creation of a national bank.
Jefferson argued that nowhere in the Constitution did it say Congress could create a national bank.
Hamilton said the Necessary and Proper Clause said Congress had “implied powers.”
Congress established the bank in 1791.

34. McCulloch v. Maryland, 1819
1816 – The Congress creates the 2nd Bank of the United States.
The State of Maryland began to tax the 2nd Bank of the U.S.
U.S. Banker James McCulloch then began to issue untaxed notes.
The State then sued and won vs. McCulloch.
The United States then appealed on behalf of McCulloch.
The case made it to the Supreme Court.
The Supreme Court sided on the side of McCulloch, saying that the Constitution does not have to expressly empower Congress to create a bank.
The Supreme Court gave a victory for the implied powers.
It does have limits.
Must deal with the “general welfare” or “public interest”

35. The Implied Powers of Congress
Table pg. 308

36. The Doctrine In Practice
Doctrine – a principle or fundamental policy
Today “necessary and proper” reads as “convenient and useful”

37. Section 4 Review Q’s
Why is the Necessary and Proper Clause also called he Elastic Clause?
What is the significance of McCulloch v. Maryland?
What is fundamental limitation on implied powers?

38. Heart of Atlanta Motel, Inc. v. United States, 1964 (page 315)
ON YOUR OWN OR WITH A PARTNER ANSWER THE FOLLOWING QUESTIONS:
1. Identify the constitutional grounds on which each side based its arguments.
2. What are the opposing viewpoints presented in this case?
3. How do you think the Supreme Court ruled?
4. Should the Federal Government regulate businesses to prevent race, age, or sex-based discrimination?
5. Find a ‘religious freedom’ case, give a quick summary, and let me know which side you agree with.
YOU CAN HAND WRITE AND TURN IN OR DO IT ON A GOOGLE DOC

39. Section 3 and 4 Bookwork Define vocab pg. 301 Page 304 #’s 1-3

40. Other Non-Legislative Powers
Chapter 11 Section 5
Other Non-Legislative Powers

41. Section 5 Vocab
Successor
Impeach
Acquit
Perjury
Censure
Subpoena

42. Who Knows?
What happened on August 9th, 1974?

43. “I am not a crook”
Richard Millhouse Nixon became the first and only president to resign from office.
His resignation was a direct result of investigations by Congress – an example of nonlegislative power.

44. Constitutional Amendments
Proposed by Congress by a 2/3 vote
National conventions
State legislatures
What are some proposed amendments?

45. Electoral Duties
The House elects a President if no candidate receives a majority of the votes.
The House votes by States.
The House can also elect a Vice-President if no candidate receives a majority of the votes.
The Senate votes individually on this one.
The House has only done it twice, Jefferson 1801, John Q. Adams 1825.
The Senate chose Richard M. Johnson as VP in 1837.
The 25th Amendment provides for the filling of a VP.
The President nominates a successor, subject to a majority vote in both houses.
This has happened twice, Gerald Ford in 1973 and Nelson Rockefeller in 1974.

46. Impeachment
Impeach – to accuse, bring charges (NOT remove from office)
The President and Vice-President and all other civil officers can be “removed from office on impeachment for, and conviction of, treason, bribery, or other high crimes and misdemeanors.”
The House may impeach by a majority vote.
The Senate must have a 2/3 majority to impeach.
The Chief Justice of the Supreme Court presides over the case of a President.
The House has impeached 16 persons to date, only 7 have been convicted by the Senate.

47. Impeachment – Andrew Johnson
Took over for Lincoln (1865)
Treatment of defeated South in the Civil War
Radical Republicans
Tenure of Office Act (1867)
Avoided conviction by one vote

48. Impeachment – Bill Clinton
1998
“inappropriate relationship” with an intern
Perjury – lying under oath
Censure – formal condemnation
“It depends on what your definition of is is”

49. Resigned – Richard Nixon
Resigned in 1974
Watergate
Bribery, perjury, income tax fraud, illegal campaign contributions
Subpoena – a legal order directing one to appear in court and/or produce certain evidence

50. Executive Powers
All major appointments made by the President must be confirmed by the Senate by a majority vote.
Examples:
Cabinet members
Supreme Court judges
The Senate can accept or reject treaties created by the President.

51. Investigatory Power
Congress can investigate any matter that falls within the scope of legislative powers.
Congressional oversight has provided some of the more dramatic moments in American political history.
Watergate
Baseball and steroids
The Gas companies
The Cigarette companies
The War in Iraq
Football and concussions
Hillary Clinton and Benghazi
Trump and Russia

52. Chapter 11 Bookwork Page 316 Practicing the Vocabulary
#’s 1-14 (underline the vocab word)
Page 316 Reviewing Main Ideas
#’s 28, 29, 30, 31 (restate)