Scope of PowerPOWERS OF Expressed Powers CONGRESS Implied Powers Non- legislative Powers
THE FIRST DEBATE https://www.youtube.com/watch?v=7faOy5PcJ2c
STRICT CONSTRUCTIONISTS Government is bound by the letter of the Constitution Expressed Powers Anti-Federalists (Democratic - Republicans) Jef ferson: “the government is best which governs least.” What did the Jef fersonians want the government to do?
LIBERAL CONSTRUCTIONISTS Government must rise to meet the needs of a growing nation. Elastic Clause Federalists Hamilton: the country needs “an energetic government.” Which argument wins out? What factors led to the growth of government power?
EXPRESSED POWERS Article I, Sec. 8 27 specific powers Much left open to interpretation
POWER TO TAX What historical events made this power one of the most important given to Congress? h t t p s :/ / w ww.yo ut ub e . c o m/ wa t c h ? v = Z uh Y RZ R f TuY ( C a p i t al G a i n s Ta x e s )
WHY DO WE HAVE TAXES? Tax: Aside from raising revenue, what other reasons are taxes levied?Oliver Wendell Holmes Jr., Su preme Cour tJustice: “ Taxes are t he price we pay for acivilized society.”
LIMITS ON THE POWER TO TAX Only for public purposes Cannot tax exports – Why not? Limits on direct taxes Indirect taxes must be uniform
BORROWING POWER No limits on how much or for what purposeThe Debt Ceiling Statutor y limit on the public debt Can be raised by Congress when needed Has been raised 68 times since 1960 Why did the ceiling become a political issue? https://www.youtube.com/watch?v=lzcCoyJBMSU(Debt ceiling Reuters)
DEFICIT FINANCING What is it? Common-place for decades – How did our country begin? 1931-1998 (all but 7 years) Budge surplus 98-2001 – Why? What events have led back to deficit financing?http://www.youtube.com/watch?v=3ugDU2qNcyg(John Green Debt Limit)http://www.usdebtcloc k .org /
COMMERCE POWER Regulate inter state & foreign tradeGibbons v. Ogden, 1 824 SC interpreting the Commerce Clause broadly “Commerce” is more than just buying & selling of goods Used to prohibit racial discrimination in the 1960s The Commerce Clause is arguably the most impor tant par t of the Constitution. Why? https://www.youtube.com/watch?v=8iIlVrzvCH8
OTHER EXPRESSED POWERS Currency Power Provides a uniform, stable monetary system Bankruptcy Power Sets the requirements for declaring bankruptcy Foreign Relations Power Shared with the President States cannot act on matters of security War Powers Only Congress may declare war Raise & support armies This power not what it used to be – Why?http://www.youtube.com/watch?v=hiCilTzhXrA Michael Scott
OTHER EXPRESSED POWERSPostal Power Is the post of fice Constitutionally mandated? (Article 1 , Sec. 8, Clause 7)Copyrights & Patents Protecting intellectual property – Relevant today?
IMPLIED POWERS: HOW CONGRESS GETS IT DONEElastic Clause – Article I, Sec. 8, Clause 18“ Tomake all Laws which shall be necessaryand proper for carrying into Execution theforegoing Powers and all other Powersbested by this Constitution in theGovernment of the United States, or in anyDepartment or Officer thereof.” What does this mean?http:// www.youtube.c om/watc h?v= mSC0JAK2V88 (5 0 sec )
BANK OF THE UNITED STATES Hamilton urged its creation Jef ferson feared its creation Did Congress have the power? h t t p s : / / w w w . y o u t u b e . c o m / w a t c h ? v = V y 7 FJ J _ u d 8 4
MCCULLOCH V. MARYLAND, 1819 States cannot tax the Federal government No expressed powers needed to create a bank Congress has the power to carry out the expressed powers https://www.youtube.com/watch?v=8iIlVrzvCH8Chief Justice John Marshall paved theway for an expansion of federal power.
IMPEACHMENT To accuse of high crimes or misdemeanors Who can be impeached? Which body impeaches? (majority needed) Which body tries? Who presides? 17 impeachments & 7 removals from of fice (federal judges) Which two presidents have been impeached?
ANDREW JOHNSON Clashed with Radical Republicans in Congress Violated the Tenure of Of fice Act of 1867 One vote short of conviction
BILL CLINTON Charges stem from an “inappropriate relationship” with an intern Charged with Perjury & Obstruction of Justice Senate fails to convict by wide margin Clinton’s popularity increases as a result http:// www.youtube.c om/watc h?v= ClfpG2 -1Bv4(Clinton grand jur y testimony)
RICHARD NIXON Resigned 1974 Watergate – break in at Dem headquarters Bribery, perjury, tax fraud, illegal campaign contributions, use of FBI & CIA against enemies Obstruction of Justice, Abuse of Power, Failure to respond to Subpoena Resigns in face of certain removal Most serious abuse of presidential power ever
EXECUTIVE POWERS- All appointees must be confirmed by majority vote in Senate- Which positions need Senate confirmation?- In what ways has this process become politicized?
INVESTIGATORY POWER On what issues has Congress held hearings?Why are hearings held? Gather information Oversee Executive Branch agencies Focus public attention Expose questionable acts Promote interests of members of Congress
TRUMAN COMMITTEEAs Senator, Harry Truman led an investigation to uncoverfraud and corruption in army contracts during WW II.Saved $10-15 billion.
ARMY - MCCARTHY HEARINGS Wisconsin Senator Joe McCar thy held hearings to investigate his claim of Communist infiltration in the army. (Netflix – The Congress)
WATERGATE HEARINGSThe HouseJudiciar ycommitteeinvestigatedthe NixonWhite Houseand its role inWatergate.