3 ways1.) explicitly, in its specific wording, expressed powers2.) by reasonable deduction from the expressed powers – implied3.) by creating a national govt for the U.S. - inherent powers
Strict constructionalist thought that Congress should have very limited power (led by Thomas Jefferson.)Liberal constructionalist (led by Alexander Hamilton) broad powers to Congress.
Expressed Powers of Money and Commerce (sec 2)Commerce Clause “To regulate Commerce with foreign nations, and among several States, and with the Indian Tribes.”
The Power to Taxtax – is a charge levied by government on persons or property to raise money to meet public needs.Not unlimited – Cant lay a tax on church services (would violate 1st amendment)
Constitution limits on taxing1.) for public purposes, not for private benefit2.) May not tax exports3.) Direct taxes must be apportioned among the states, according to their populations.4.) All indirect taxes levied by the Federal Govt must be levied at the same rate in every part of the country.
Borrowing PowerCongress can borrow money on the credit of the US.public debt – is all of the money borrowed by the federal Govt over the years and not yet repaid, plus the accumulated interest on that money.statutory ceiling on public debt in 2011 is $15.194 trillion.
Deficit financingthe Federal Govt spends more than it takes in each year – and then borrows to make up the difference.
See the U.S. debt second by second! http://www.usdebtclock.org/
Balanced budget Act of 1997Congress & President Clinton vowed to eliminate deficit financing by 2002. Surpluses for 1998, 1999, 2000, 2001.Didnt last long because: sharp downturn in economy, several major tax cuts pushed by President Bush and enacted by Congress in 2001, 2002, 2003, onset of the global war on terrorism in 2001 and conflicts in Afghanistan and Iraq.
The Commerce PowerPower of Congress to regulate interstate and foreign trade through Commerce Clause.More responsible than any other clause for uniting the States.
Gibbons v. Ogden, 1824Robert Fulton had a monopoly over the steamboat industry.Fulton gave Aaron Ogden a permit for steamboat navigation between NYC and NJ.Thomas Gibbons had a coastal license from the National Government and began carrying passengers, competing with Ogden.Ogden sued GibbonsNY courts held that Gibbons couldnt sail by steam in NY waters.Went to the Supreme Court. They ruled for Gibbons.Dealt a blow to the steamboat monopolies.
Currency PowerAfter independence, Framers agreed they needed a single, national system of “hard” money.Legal tender – any kind of money that a creditor must by law accept in payment for debts.Greenbacks – first national paper currency.Bankruptcy – legal proceeding in which the bankrupts assets – however much or little they may be- are distributed.
Foreign Relations Powers in CongressCome from: 1) various expressed powers, especially the war owners and the power to regulate commerce 2.) from the fact that the U.S. is a sovereign state in the world community.
War PowersShare with the Executive BranchOnly Congress may declare war.Raise and support armies, provide and maintain a navy and to make rules pertaining to the governing of land and naval forces.
NaturalizationThe process by which citizens of one country become citizens of another.
Postal PowerPower to establish Post offices and post Roads (postal routes.)Benjamin Franklin is generally credited as the founder of the present-day postal system.Federal crimes – to obstruct the mail, to use mail to commit any fraud, or any other mail crime.You cannot send firecrackers, switchblades, chain letters or obscene material through the mail.
Copyrights and Patentsis the exclusive right of an author to reproduce, publish, and sell his or her creative work. Good for 70 years after death.A patent grants a person the sole right to manufacture, use, or sell “any new and useful art, machine, manufacture, or composition of matter, of any new and useful improvement thereof.” Good for 20 years.
Weights and MeasuresPower reflects the absolute need for accurate, uniform gauges of time, distance, area, weight, volume, and the like. pound, ounce, mile, foot, gallon, quart gram, meter, kilometer, liter
Power over territoriesGives Congress the power to acquire, manage, and dispose of various federal areas. District of Columbia, Puerto Rico, Guam, and the Virgin Islands.Eminent Domain – the inherent power to take private property for public use.
Judicial PowersCreate all of the federal courts below the Supreme Court and to structure the federal judiciary.Defines federal crimes and set punishment for violators. counterfeiting, piracies and felonies on the high seas, and offenses against international law.
AppropriatesAssign to a particular use – like Congress does with billions a year for education to the U.S. Department of Education.Example of using Implied Power.
Necessary and Proper ClauseThe constitutional basis for the implied powers is found in one of the expressed powers – the Necessary and Proper Clause. AKA the Elastic Clause.Revisit McCulloch v. Maryland, 1819
DoctrineA doctrine is a principle or fundamental policy. The doctrine of implied powers has been applied in instances almost too numerous to count.
Article VCongress may propose amendments by a two-thirds vote in each house.
Electoral Duties12th amendment – if no one receives a majority of the electoral votes for President, the House, voting by States, is to decide the issue of President.They must also choose a Vice President if no candidate wins a majority. This has been done twice: Thomas Jefferson in 1801 and John Quincy Adams in 1825. The Senate picked a Vice President once: Richard M. Johnson in 1837.25th amendment provides for vice presidency. President nominates a successor – a replacement – subject to a majority vote in both houses of Congress.Gerald Ford in 1973 and Nelson Rockefeller in 1974.
ImpeachmentThe House has the sole power to impeach – to accuse, bring charges.Penalty for conviction is removal from office.Two presidents have been impeached – Andrew Johnson in 1868 and Bill Clinton in 1998. The Senate voted to acquit both men – found them not guilty.
Andrew JohnsonJohnson disagreed with Radical Republicans in Congress. Congress passed the Tenure of Office Act, over the Presidents veto.Johnson deliberately violated the law.
Bill ClintonClinton had inappropriate relations with a White House intern (Monica Lewinsky)First he was charged with perjury, or lying under oath. Then obstruction of justice.Many people pressed to censure the president – formally condemn him for his behavior.
Richard NixonResigned in the face of almost certain impeachment for Watergate Scandal. June 1972 attempt by Republican operatives to break into the Democratic Partys national headquarters in the Watergate office complex in Washington, D.C. Investigation of the incident led to a long list of illegal acts. Nixon was charged with obstruction of justice, abuse of power, and failure to respond to the committees subpoenas (legal order to appear in court.) Nixon resigned on August 9th, 1974
AppointmentsAll major appointments made by the President must be confirmed by the Senate by majority vote.Only 12 of the more than 600 Cabinet appointments have been rejected.
TreatiesThe President makes treaties and has to have two thirds of the Senators present concur.
Investigatory Power1. gather information useful to Congress in the making of some legislation.2. oversee the operations of various executive branch agencies.3. focus public attention to a particular subject, from drug war to movie violence.4. expose the questionable activities of public officials or private persons.5. promote the particular interests of some members of Congress.