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Chapter 11: Powers of Congress
Bell Work: Grab books/folders1st 5-7 MinutesGrab chapter 11/12 essentialsRead Section 1 of essentials; answer 2 ?s
3 Types of Powers
Congress only has those powers delegated it by the constitution
Powers given to congress in 3 manners: Read Part A. Expressed
Explicitly; direct wording B. Implied
Reasonably deduced from expressed powers C. Inherent
Powers delegated b/c it the legislative branch of a sovereign govt.
Strict vs. Liberal
Read Strict vs. Liberal (pg. 291-92) Still conflict over constitution and how broad the
powers of congress should be Strict: Anti-Federalists
Led by Thomas Jefferson Congress can only exercise expressed powers and
only implied powers ABSOLUTELY necessary to carry out expressed powers
Most of powers to states
Strict vs. Liberal
Liberal; FederalistsLed by Alexander HamiltonLiberal/broad interpretation of powers to
congressStrong national govt.Won out early on and has consistently
broadened as time went on
Lesson Closing
Understanding the leg. Branch video On far back of HW Packet; this is part of your HW
grade for each ChapterComplete #1-4 of Section 1 ReviewRead life skills and answer question at bottom w/
sect. review “Exit Card” Read pg. 763-764 (Powers of
Congress) On colored sheet of paper.List at least 5 powers granted CongressList at least 5 powers denied Congress
Power to Tax
One of leading causes for the creation of constitution
PurposesTax: Impose a charge on people/property in
order to fund public needs• Indirect/Direct
Protective tariff to “protect” domestic industryProtect public health/safety
• Done through licensing; Regulation of Drugs
Power to Tax
Limits (4 Specific)1. Tax only for public purposes2. May not tax exports3. Direct taxes must be apportioned among
the states4. All indirect taxes by Federal Govt must be
done at same rates
Borrowing Power
Article I, Section 8, Clause 2Gives congress the power to “borrow money on
the credit of the U.S.” A. Relied on Deficit financing throughout years
Spending more than it takes in each year B. Led to Public Debt of over 5 trillion till 1999
End of 99’-01 saw budget surpluses What helped end this?
Bush’s tax cuts and new war spending
Commerce Power
Power of congress to regulate interstate and foreign trade. One of biggest shapers of early U.S.
A. Supreme Court decisions: Gibbons v. OgdenRead Gibbons v. Ogden sectionWhy was it important?
• B/c it led to “trade/commerce” being included in transportation. This became an implied power!!
B. LimitationsCannot tax exportsCannot favor ports of one state over another
Currency Power
Art. I, Sect. 8, Clause 5Congress power to coin money and regulate its
value A. Reasons
Initially states had different currencies and nothing had backing; a nat’l currency was needed
B. 1863: first legal tender currencyAny kind of money a creditor must by law
accept in payment for debts
Bankruptcy Power
Art. I, Sect. 8, Clause 4Congress has the power to create uniform laws
on the subject of bankruptcy A. Bankruptcy is the legal proceeding in
which the bankrupt’s assets are distributed among those to whom a debt is owedThe power to regulate is concurrent b.t. the
states and national govt.
Bell work: Section 3
Grab books Get work stuff ready Read/answer Section 3 essentials Be ready for L-J#2
Review
What’s the difference b.t. a direct/indirect tax Direct: Paid by person imposed on (property) Indirect: Tax paid by one person then passed on to another
(Tobacco tax) What was the purpose of the coining money power?
B/c states had weak separate currencies Differences in expressed/Implied/Inherent
Expressed stated directly Implied needed to conduct expressed Ones that are traditionally held by nat’l govts.
Compare Strict vs. Liberal constructionists Strict: Congress gets only expressed and needed implied Liberal: liberal interpretation to give add’l powers needed to
congress
Foreign Relations Powers
Sources Various expressed powers: War powers and
foreign commerceLawmaking body of a sovereign state
• Can act on matters that affect the security of the nation
• Immigration and terrorism at home and world-wide
War Powers
8 Powers given congress to deal w/ war and nat’l defense; share w/ president
Sharing w/ president b/c constitution named him commander in chief of nation’s armed forcesCongress Still has many important powersPower to declare war, support armies,
provide/maintain a navy.Can call for a “militia” and
organize/arm/discipline itLimit combat in areas where war does not exist
Other expressed powers
These powers have a more direct influence on the daily lives of Americans
A. Naturalization/PostalCongress can est. uniform law on naturalizationPower to est. post offices/post roads
• (All U.S. roads/railways/waters)• Implied power to est. number of crimes based on
postal power B. Copyrights/Patents
Promotes arts/sciences through copyrights and patents
Other Expressed powers
C. Weights/Measures Power to “fix the standard of weights/measures” English system of pound, foot, gallon, etc. Also recognizes metric system
D. Territories/Judicial Powers Congress can acquire, manage, and dispose of various
federal lands (parks, military areas, etc.)• Also has power of eminent domain (private for public)
Part of Checks/Balances: Create all federal courts below supreme court and define federal crimes and punishments
Lesson Closing
Sect. 3 AssessmentPg. 304: 1-3 Concept on pg. 302
Create a cartoon/drawing that displays one/two of the powers given to congress from sect. 3Use small sheets;
Implied Powers
What is the necessary and proper clause?Constitutional basis for the wide ranging
implied powers of todayCongress has the power to “make all laws
which shall be necessary and proper for the execution of the listed expressed powers
Often called “Elastic Clause” b/c it has been stretched to cover so much over the years
Implied Powers
What did it do? Sparked the debate over how the constitution should
be interpreted Strict vs. Liberal
What were some key developments Read McCulloch v. Maryland What did it do?
• Gave sweeping approval to the liberal view of broad implied powers
Doctrine of Implied powers• Doctrine: principle policy• Idea that implied powers are proper and useful if reasonably
drawn form the expressed powers
Section 5
Congress’s role in amendments Stated in Article V: Can propose an amendment by a
2/3’s vote in each house Can also propose by calling a nat’l convention of
delegates from each state (@ request of 2/3 states) Congressional Role in elections: from constitution
12th Am: House called to elect president if no majority• Senate for VP in similar situation
Vote to approve successor if vacancy in VP• Done twice
Lesson Closing
L-J #3 Sect. 4 Review #1-3
Answer caption on pg. 308 not 307Frontline Video: NOW: Borderfence
Bell Work
Get Book and work materials Read Section 5 Essentials and answer 2 ?s L-J#4 #20-40 Be ready for Section 5 Notes/Lecture
Impeachment: Accuse/charge
President, VP, and all civil officers may “be removed from office on impeachment”
A. House has the sole power to impeach or accuse. Requires a majority vote by house
B. Senate has sole power to try (judge) cases Conviction requires 2/3s vote
C. 17 Impeachments, 7 convictions 2 Impeachments 0 convictions of Presidents
“Popcorn” Read 3 Presidents involved in process
Executive Powers
Constitution gives 2 Executive powers to senateAppointments and treaties
AppointmentsConfirm all major appointments made by pres.
• Done w/ majority vote; rarely denied• How many needed then?
• 51
President makes treaties “by and w/ the advice and consent of the senate
• Senate may accept, reject, or make amendments
Investigatory Powers
Power to investigate any matter that falls w/in the scope of its powersReasons
• Gather info for legislation• Oversee executive agencies• Focus public attention on a subject: drugs, violence• Expose activities of public officials• Promote interests of members of congress