04/11/23

12.4 Students analyze the unique roles and responsibilities of the three branches of government as established by the U.S. Constitution.

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The Powers of Congress

Chapter 11 section 1,2,3, 4 and 5

04/11/23

12.4 Students analyze the unique roles and responsibilities of the three branches of government as established by the U.S. Constitution.

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Topics

I. The Legislative Powers

II. The Expressed Powers

III. Foreign Relations

IV. Non legislative Powers

04/11/23

12.4 Students analyze the unique roles and responsibilities of the three branches of government as established by the U.S. Constitution.

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I. Legislative Powers

A. Expressed Powers

B. Implied Powers

C. Denied Powers

04/11/23

12.4 Students analyze the unique roles and responsibilities of the three branches of government as established by the U.S. Constitution.

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A. Expressed Powers

• Powers expressly given to congress in the Constitution.– Declare war– Conduct foreign policy– Coin money

04/11/23

12.4 Students analyze the unique roles and responsibilities of the three branches of government as established by the U.S. Constitution.

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B. Implied Powers

• Powers not specifically mentioned in the constitution.– “Congress is granted the power to make

any laws “necessary and proper” in carrying out its duties.

– Jefferson and Strict Construction– Hamilton and Liberal Construction

04/11/23

12.4 Students analyze the unique roles and responsibilities of the three branches of government as established by the U.S. Constitution.

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Interpretation???

• Power to create a bank??

• Or…

• “A well regulated militia being necessary and proper to the security of a free state, the right of the people to keep and bear arms shall not be infringed.”

04/11/23

12.4 Students analyze the unique roles and responsibilities of the three branches of government as established by the U.S. Constitution.

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C. Denied Powers

• Article I section 9 list denied powers.– Can not suspend writs of Habeas Corpus– No Bills of Attainder– No Ex Post Facto Laws.

• Bill of Rights further restricts Legislative Power.

• 10th amendment reserves powers not mentioned with the states.

04/11/23

12.4 Students analyze the unique roles and responsibilities of the three branches of government as established by the U.S. Constitution.

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II. The Expressed Powers

A. Power to Tax

B. The Borrowing Power

C. The Commerce Power

D. Judicial Powers

E. Copy Rights and Patents

F. Other Expressed Powers

04/11/23

12.4 Students analyze the unique roles and responsibilities of the three branches of government as established by the U.S. Constitution.

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A. Power to Tax

• A tax is a charge levied by the government on persons or property to meet public needs.

• Limitations on Taxes.– May only tax for public purpose– May not tax exports– Direct taxes – indirect taxes

04/11/23

12.4 Students analyze the unique roles and responsibilities of the three branches of government as established by the U.S. Constitution.

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B. The Borrowing Power

• Deficit Financing– The Government spends more than it takes

in one year.

• The National debt– The total amount of money borrowed by

the government over time, plus accumulated interest.

04/11/23

12.4 Students analyze the unique roles and responsibilities of the three branches of government as established by the U.S. Constitution.

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C. The Commerce Power

• Power of congress to regulate interstate trade as well as foreign trade.– Prevented trade wars between states.

• Gibbons v Ogden, 1824.– Stated commerce is also traffic and

intercourse.

04/11/23

12.4 Students analyze the unique roles and responsibilities of the three branches of government as established by the U.S. Constitution.

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D. Judicial Powers

• Power to establish the courts

• Define crimes and set punishments.

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12.4 Students analyze the unique roles and responsibilities of the three branches of government as established by the U.S. Constitution.

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E. Copyrights and Patents

• Copyright is the exclusive right of an author to reproduce, publish, and sell his or her creative work.– Registered at the Copyright office of the Library of

Congress.

• 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.

04/11/23

12.4 Students analyze the unique roles and responsibilities of the three branches of government as established by the U.S. Constitution.

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F. Other Expressed Powers

• Immigration and Naturalization

• The Postal Power

• Weights and Measures

• Establish a common currency

• Common bankruptcy Laws

04/11/23

12.4 Students analyze the unique roles and responsibilities of the three branches of government as established by the U.S. Constitution.

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II. Foreign Relations

A. The Federal government represents the states

B. The War Powers

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12.4 Students analyze the unique roles and responsibilities of the three branches of government as established by the U.S. Constitution.

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A. The Federal government represents the states

• The states are not sovereign.– No power in foreign affairs.– 50 different policies would be a problem.

• President conducts many of the relations with other nations.

• Congress does play a role in these relations

04/11/23

12.4 Students analyze the unique roles and responsibilities of the three branches of government as established by the U.S. Constitution.

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B. The War Powers

• Congress has the power to declare war.– Raise and support armies– Maintain a navy

• However, the President is the Commander in Chief.

• A Constitutional conflict

04/11/23

12.4 Students analyze the unique roles and responsibilities of the three branches of government as established by the U.S. Constitution.

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IV. Non Legislative Powers

A. Amendments

B. Electoral duties

C. Impeachment

D. Conduct Investigations

E. Advice and consent

F. New States and Territories

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12.4 Students analyze the unique roles and responsibilities of the three branches of government as established by the U.S. Constitution.

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A. Amendments

• Begin process to amend the Constitution

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12.4 Students analyze the unique roles and responsibilities of the three branches of government as established by the U.S. Constitution.

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B. Electoral Duties

• If no candidate receives a majority in the electoral college, the house will select a winner.– 1801 election– 1825 election

• 25th Amendment allows House and Senate to confirm the Vice President.

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12.4 Students analyze the unique roles and responsibilities of the three branches of government as established by the U.S. Constitution.

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C. Impeachment

• Congress has power to impeach Federal Official.– The House can impeach, or formally bring

charges.– The Senate will act as a jury– Chief Supreme Court Justice acts as the Judge

• Only has occurred twice.– Andrew Johnson– William Clinton

04/11/23

12.4 Students analyze the unique roles and responsibilities of the three branches of government as established by the U.S. Constitution.

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D. Conduct Investigations

• Implied power that congress has power to investigate government action.– impact of proposed legislation.– Impact of current legislation– Executive misconduct.– Investigate a major crisis

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12.4 Students analyze the unique roles and responsibilities of the three branches of government as established by the U.S. Constitution.

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E. Advice and Consent

• Sometimes referred to as Executive Powers.

• The Senate approves all executive appointments.– The Cabinet– Ambassadors– Supreme Court Justices

• Senate also approves all treaties.

04/11/23

12.4 Students analyze the unique roles and responsibilities of the three branches of government as established by the U.S. Constitution.

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New States and Territories

• Established rules of admittance to become a new state.– District of Columbia in 1980– Puerto Rico in 1989

• Congress also governs territories.– Virgin Islands, Guam, American Samoa

and Washington D.C.

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12.4 Students analyze the unique roles and responsibilities of the three branches of government as established by the U.S. Constitution.

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Terms

• Expressed powers• Implied powers• Strict constructionist • Liberal

constructionist• Naturalization• Copyright • Patent

• Necessary and proper Clause

• Impeach• Censure• subpoena

04/11/23

12.4 Students analyze the unique roles and responsibilities of the three branches of government as established by the U.S. Constitution.

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What do we know??

• What are the expressed powers for Congress?

• The difference between strict and liberal interpretation of the constitution.

• How does Congress affect Foreign policy?

• What are the non legislative powers of congress?