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Where Does Congress’ Power Where Does Congress’ Power Come From?Come From?
Article IArticle I The U.S. Supreme Court tells The U.S. Supreme Court tells
them what they are them what they are not not allowedallowed to do… to do…
Powers of CongressPowers of Congress Congress has 3 kinds of power:Congress has 3 kinds of power:
Expressed – directly written Expressed – directly written in the Constitutionin the Constitution
Implied – reasonably Implied – reasonably assumed based on the assumed based on the expressed powersexpressed powers
Inherent – nowhere in the Inherent – nowhere in the Constitution, but always held Constitution, but always held by national governmentsby national governments
InterpretationInterpretation
There are two major “schools There are two major “schools of thought” on how much of thought” on how much power Congress should have:power Congress should have:
Strict vs. Loose interpretationStrict vs. Loose interpretation
Interpreting the ConstitutionInterpreting the Constitution Strict Constructionist – believe that Strict Constructionist – believe that
Congress should only have the Congress should only have the expressed powers and no moreexpressed powers and no more limited governmentlimited government Individual libertyIndividual liberty is most is most importantimportant
Thomas JeffersonThomas Jefferson
Interpreting the ConstitutionInterpreting the Constitution Liberal Constructionist (living Liberal Constructionist (living
constitution) – believe that we should constitution) – believe that we should interpret the Constitution loosely, so interpret the Constitution loosely, so that Congress could have that Congress could have more more powerpower Support an active, larger Support an active, larger
governmentgovernment Alexander HamiltonAlexander Hamilton
I hate you.
Get out of my face, Dawg.
Expressed Powers: Money and Expressed Powers: Money and CommerceCommerce
Congress is given the Congress is given the expressed power to “lay and expressed power to “lay and collect taxes”collect taxes”
Tax – charge levied by Tax – charge levied by government on people or government on people or property to meet public needsproperty to meet public needs
What are the Limits to the What are the Limits to the Taxing Power?Taxing Power?
Cannot be for Cannot be for private benefitprivate benefit Cannot tax Cannot tax exportsexports Direct taxes must be paid to Direct taxes must be paid to
states states equally according to equally according to populationpopulation
All All indirect taxes indirect taxes must be the must be the same across the countrysame across the country
2 Kinds of Taxes2 Kinds of Taxes
Direct Tax – paid by the Direct Tax – paid by the person it is imposed uponperson it is imposed upon Income tax, Property taxIncome tax, Property tax
2 Kinds of Taxes2 Kinds of Taxes
Indirect tax – imposed on one Indirect tax – imposed on one person, but paid by anotherperson, but paid by anotherCigarette Tax, Gas TaxCigarette Tax, Gas Tax
Expressed Powers: Expressed Powers: BorrowingBorrowing
Congress has the power “to Congress has the power “to borrow money on the credit borrow money on the credit of the United States”of the United States”
We do this A We do this A LOT!!!!!!!!!!!!!!!!!!!!LOT!!!!!!!!!!!!!!!!!!!!
Deficit and DebtDeficit and Debt
Deficit – the amount of money Deficit – the amount of money spent over budget that must be spent over budget that must be borrowed this yearborrowed this year Deficit for 2012 - $1.7 Deficit for 2012 - $1.7
trillion !!!!! Nearly tripled in trillion !!!!! Nearly tripled in less than a decadeless than a decade
Deficit and DebtDeficit and Debt
Debt – grand total of all money Debt – grand total of all money borrowed and still owed to this borrowed and still owed to this
point, plus point, plus interestinterestDebt in 2013 – Over Debt in 2013 – Over $17,100,000,000,000$17,100,000,000,000
Expressed Powers: Expressed Powers: CommerceCommerce
Congress has the power to “regulate Congress has the power to “regulate commerce with foreign nations, and commerce with foreign nations, and among the several states, and with among the several states, and with the Indian tribes”the Indian tribes”
Read onlyRead only This power gets used to do This power gets used to do all all
sorts of other seemingly sorts of other seemingly unrelated thingsunrelated things
For Example:For Example: Passing the Civil Rights Act of Passing the Civil Rights Act of
1964, prohibiting racial 1964, prohibiting racial discriminationdiscrimination
Building highways and freewaysBuilding highways and freeways Building hydroelectric damsBuilding hydroelectric dams This is all a result of Gibbons v. This is all a result of Gibbons v.
Ogden, 1824Ogden, 1824
Gibbons v. Ogden, 1824Gibbons v. Ogden, 1824Read onlyRead only
New York had given Robert New York had given Robert Fulton exclusive rights to Fulton exclusive rights to operate a steamboat on the operate a steamboat on the Hudson RiverHudson River
Fulton gave Ogden a permit to Fulton gave Ogden a permit to operate the steamboat for himoperate the steamboat for him
Gibbons had a license from the Gibbons had a license from the U.S. government to operate a U.S. government to operate a steamboat in the same areasteamboat in the same area
What are the Constitutional What are the Constitutional Issues?Issues?
Read only Read only Whose permit is supreme?Whose permit is supreme? What does “commerce” mean?What does “commerce” mean?
In to Save the Day…In to Save the Day…
Gibbons v. Ogden, 1824Gibbons v. Ogden, 1824
The court interpret The court interpret “commerce” very broadly“commerce” very broadly
Virtually all commercial Virtually all commercial interactionsinteractions
Thus, Congress can regulate Thus, Congress can regulate just about anything…just about anything…
Expressed Powers: CurrencyExpressed Powers: Currency Currency – coins & paper bills Currency – coins & paper bills
used as moneyused as money U.S. Currency is now legal U.S. Currency is now legal
tender – the government tender – the government requires all people to accept requires all people to accept it as paymentit as payment
Expressed Powers: Expressed Powers: BankruptcyBankruptcy
Congress has Congress has the power to the power to “establish “establish uniform Laws on uniform Laws on the subject of the subject of Bankruptcies”Bankruptcies”
Expressed Powers: Expressed Powers: BankruptcyBankruptcy Bankruptcy – Bankruptcy –
person is declared person is declared incapable of incapable of repaying debts, so repaying debts, so all their assets are all their assets are distributed to the distributed to the people they owe, people they owe, and then they are and then they are free of debtfree of debt
I’ve lost everythin
g!
Expressed Powers: Foreign Expressed Powers: Foreign RelationsRelations
Declare warDeclare war However, they However, they
have abdicated have abdicated the power to the power to wage wage war to war to POTUSPOTUS
When ???When ???
How Congress Lost This How Congress Lost This PowerPower Congress passed Congress passed the Gulf of Tonkin the Gulf of Tonkin Resolution, allowing Resolution, allowing the LBJ to use troops the LBJ to use troops without Congress’ without Congress’ permissionpermission
Tried to take power Tried to take power back with War back with War Powers Resolution Powers Resolution (1973)(1973)
Read onlyRead onlyWhy Would Congress Do Why Would Congress Do
This?This?
Congress doesn’t want to accept Congress doesn’t want to accept responsibility for mistakesresponsibility for mistakes
Other Expressed PowersOther Expressed Powers NaturalizationNaturalization – setting the – setting the
rules to become a citizenrules to become a citizen PostalPostal Power Power CopyrightsCopyrights and and PatentsPatents WeightsWeights and and MeasuresMeasures – –
making sure they’re uniform making sure they’re uniform nationallynationally
Other Expressed PowersOther Expressed Powers Power over territories – Congress Power over territories – Congress
decides whether territories decides whether territories become states or notbecome states or notEminent Domain – Congress Eminent Domain – Congress can take can take private property for private property for public usepublic use
Judicial Power – Congress sets up Judicial Power – Congress sets up the court systemthe court system
Implied PowersImplied PowersRead onlyRead only
Where do implied powers Where do implied powers come from? – come from? – The The Necessary & Proper Necessary & Proper ClauseClause
Tells Congress they can make Tells Congress they can make anyany laws for carrying out laws for carrying out their expressed powerstheir expressed powers
McCulloch v. Maryland McCulloch v. Maryland (1819)(1819)
Read only but on final !!!Read only but on final !!!
First case that tested the First case that tested the Necessary and Proper ClauseNecessary and Proper Clause
Congress created a national Congress created a national bank, and Maryland hated itbank, and Maryland hated it
Maryland placed a tax on all Maryland placed a tax on all national bank transactions to national bank transactions to try and put it out of businesstry and put it out of business
In to Save the Day…In to Save the Day…
Read onlyRead onlyJohn Marshall and the Court John Marshall and the Court
Say:Say: So long as Congress hold to the So long as Congress hold to the spirit spirit of the Constitution, are okayof the Constitution, are okay
Established the Supremacy ClauseEstablished the Supremacy Clause Question ???????Question ??????? Strict or liberal constructionist Strict or liberal constructionist
position ?position ? Since Since McCullochMcCulloch, Congress has used , Congress has used
many implied powersmany implied powers
Non-legislative PowersNon-legislative Powers Propose Constitutional Propose Constitutional
Amendments with 2/3 vote in Amendments with 2/3 vote in both housesboth houses
House of Reps. chooses the House of Reps. chooses the president if no candidate gets president if no candidate gets a a majoritymajority in the electoral in the electoral collegecollege
Non-legislative PowersNon-legislative Powers Impeachment – Impeachment –
means to means to bring bring criminal criminal charges charges againstagainst
Impeachment Impeachment requires requires majority votemajority vote in in the the HouseHouse
Non-legislative PowersNon-legislative Powers After House After House
votes, trial in votes, trial in Senate Senate begins…begins…
Chief Justice Chief Justice acts as judge, acts as judge, Senate acts as Senate acts as juryjury
Non-legislative PowersNon-legislative Powers A conviction, A conviction,
which would which would remove the remove the POTUS from POTUS from office, requires office, requires a a 2/32/3 votevote in in the the SenateSenate
Executive PowersExecutive Powers
Appointment – Appointment – POTUS appoints POTUS appoints officials with officials with majority majority approval of approval of SenateSenate
Executive PowersExecutive Powers
Treaties – President Treaties – President makes treaties, but makes treaties, but Senate must approve Senate must approve with 2/3 votewith 2/3 vote
Dr. Condi RiceDr. Condi Rice
Ex-Sec. of State & NSAEx-Sec. of State & NSA