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

Bell Work

Get books/folders Read Sect. 2 Essentials Answer 2 ?s

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.

Lesson Closing

L-J #4#25-35

Sect. Review #1-4 Look over/Answer Caption on pg. 299

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;

Bell Work

Bell WorkGet out workTurn in CartoonsRead Section 4 of Essentials

• Answer 2 Questions

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

Lesson Closing

Section Review ?s#1-4 and concept on pg.312

Review

Quiz Tomorrow Review: #1-15

Main Ideas• #16, 19-21, 23, 26-27, 30,31

Know these and if turned in completed review = Extra credit!!

Due tomorrow as part of HW Grade Sect. Reviews #1-5, and Completion grade

on Essentials