Chapter 11: Powers of Congress Section 1. Copyright © Pearson Education, Inc.Slide 2 Chapter 11,...

Chapter 11: Powers of CongressSection 1


Copyright © Pearson Education, Inc. Slide 2Chapter 11, Section 1

ObjectivesObjectives

1. Describe the three types of powers delegated to Congress.

2. Analyze the importance of the commerce power.

3. Summarize key points relating to the taxing power.

4. Explain how the bankruptcy and borrowing powers work.

5. Explain why the Framers gave Congress the power to issue currency.


Key TermsKey Terms

• expressed powers: those powers given to Congress expressly in the Constitution

• implied powers: those powers considered necessary for Congress to have in order to carry out its expressed powers

• inherent powers: those powers gained by Congress as the result of its status as part of the national government

• commerce power: the power of Congress to regulate interstate and foreign trade

• tax: a charge levied by government on persons or property to raise money to meet public needs


Key Terms, cont.Key Terms, cont.

• public debt: all of the money borrowed by the Federal Government over the years and not yet repaid

• deficit financing: the act of spending more than is taken in during a year and borrowing money to make up the difference

• bankruptcy: the distribution of a bankrupt individual or company’s assets among those to whom a debt is owed

• legal tender: any kind of money that must be accepted by law in payment for debts


IntroductionIntroduction

• What powers over money and commerce does the Constitution give to Congress and what limits does it put on these powers?

– The commerce power gives Congress the authority to regulate interstate and foreign trade, but not trade within a state.

– Congress has the power to tax income and imported goods, but not exports.

– Congress can set bankruptcy laws.

– Congress can coin and print money.


Delegated PowersDelegated Powers

• There are three types of powers granted by the Constitution.– Article I gives 27

specific powers to Congress.

• The Constitution also denies many powers to Congress, banning some and reserving others to the states.


Gibbons v. OgdenGibbons v. Ogden

• Checkpoint: What was the Court’s decision in the 1824 case Gibbons v. Ogden?

– The Court interpreted “commerce” to include all commercial exchanges between nations and parts of nations, not just the buying and selling of goods.

– This broad interpretation of commerce leaves many questions that Congress and the courts must continue to answer with new laws and rulings.


The Commerce ClauseThe Commerce Clause

• The weak Congress created under the Articles of Confederation had no power to regulate interstate trade and little authority over foreign commerce.

• The 1780s were marked by intense commercial rivalries among the States. High trade barriers and spiteful State laws created chaos and confusion in much of the country.

• The circumstances led the Framers to write the Commerce Clause into the Constitution.


The Commerce PowerThe Commerce Power

• The federal government gains great power from the broad interpretation of the commerce power.

• However, there are limits to the commerce power.

– Congress cannot tax exports, favor the ports of one state over another, or require vessels to pay duties when traveling from one state to another.

– The commerce power is even used to ban discrimination in public businesses.


Americans with Disabilities ActAmericans with Disabilities Act

• Based on the commerce power, Congress passed the Americans with Disabilities Act in 1990. It prohibits against discrimination against people with disabilities in areas such as employment, public accommodation, public transportation, and access to commercial buildings.


The Power to TaxThe Power to Tax

• Most government taxes on people or property are levied to raise money for public needs.

– In what way does this cartoon show a negative attitude toward taxes?


TaxationTaxation

• A protective tariff taxes imports to protect domestic industries from foreign competition.

• Some taxes, often in the form of licenses, are meant to protect public health and safety.– Name three purposes for which the government collects

taxes.


Limits on TaxationLimits on Taxation

• Congress can tax only for public needs, not for the benefit of private businesses or individuals.

• Congress cannot tax exports.

• Direct taxes, except for income taxes, must be divided among the states in proportion to their populations.


Limits on Taxation, cont.Limits on Taxation, cont.

• All indirect taxes levied by the federal government must be uniform, or the same, across the United States.

– An indirect tax is one in which one person pays the tax but then passes along the cost of the tax to others. This is done by charging them higher prices for the good or service that is taxed.


BorrowingBorrowing

• There are no constitutional limits on how much money Congress can borrow or for what purposes.

• The Treasury borrows money by issuing securities like T-bills and bonds that it promises to repay later with interest.

• Congress routinely spends more than it takes in, borrowing money to make up the difference. This deficit spending increases the public debt.


BankruptcyBankruptcy

• Declaring bankruptcy frees a person or company (debtor) from debts they cannot pay back to their creditors.

– Filing Chapter 7: A debtor gives up property to pay creditors.

– Filing Chapter 13: A debtor works out a long-term repayment plan.

– The creditors and debtor meet to agree how much each creditor will be repaid.

– Most bankruptcies are handled in federal courts.


CurrencyCurrency

• Congress now has the sole power to create legal currency in the United States. This creates a more stable money supply.

– Congress did not create legal paper money until 1862.

– This power to print money was challenged in the courts but finally upheld by the Supreme Court in 1871 and 1884.


ReviewReview

• Now that you have learned what powers over money and commerce the Constitution gives to Congress and what limits it puts on these powers, go back and answer the Chapter Essential Question.– What should be the limits on the powers of

Congress?



1. Identify the key sources of the foreign relations powers of Congress.

2. Describe the power-sharing arrangement between Congress and the President on the issues of war and national defense.

3. List other key domestic powers exercised by Congress.


Key TermsKey Terms

• copyright: the exclusive right of an author to reproduce, publish, and sell his or her creative work

• patent: a grant of the sole right to manufacture, use, or sell any new and useful process or machine for up to 20 years

• territory: a part of the United States that is not a state and has its own system of government

• eminent domain: the government’s inherent power to take private property for public use

• naturalization: the process by which citizens of one country become citizens of another country



• How do the expressed powers reflect the Framer’s commitment to creating a strong but limited National Government?

– The Constitution grants Congress a wide range of powers, none of which are absolute.

– In particular, the federal government has great authority over foreign affairs.

– Congress also has significant authority over certain domestic matters.


Foreign PolicyForeign Policy

• The President is the main authority in foreign affairs.

• Congress does have some key powers involving foreign policy.

– Congress passes laws that deal with issues of national security, such as immigration and antiterrorism.

– Congress can regulate foreign commerce, control federal spending (which can include foreign aid), and has the power to declare war.


War PowersWar Powers

• Checkpoint: What war powers does Congress have?– Congress has the sole power to raise and

support an army and navy. – Congress makes rules for governing the

nation’s military and can organize, arm, and call out the National Guard.

– Only Congress can declare war.– Congress can issue letters of marque and

reprisal.


War Powers ResolutionWar Powers Resolution

• Many Presidents have used their authority as commander-in-chief to send U.S. armed forces into combat without congressional approval.

• The War Powers Resolution of 1973 tries to limit the President to deploying troops only in war, with congressional approval, or in response to an attack.– The constitutionality of this resolution has not

been decided.


Expressed PowersExpressed Powers

• Of all the many powers the Framers could have granted to Congress, why did they choose the powers listed on the following slides?

• In the Federalist Papers, James Madison

answered this question by grouping the enumerated powers into five categories. – Only Clause 9, bestowing the power to create courts

inferior to the Supreme Court was not included. – Which of the powers listed on the following slides do

you think is most important?


Expressed Powers, cont.Expressed Powers, cont.

Security against foreign danger:

Regulation of the intercourse with foreign nations:

Clause 1: levy taxes, duties, and excises

Clause 1: regulate foreign commerce

Clause 2: borrow money Clause 10: define and punish crimes committed on the high seas and offenses against the law of nations

Clause 11: declare war

Clause 12, 13, 14: raise regulate, and provide for armies and navies

Clause 15 and 16: organize, arm, discipline, and call forth the militia to execute federal laws, suppress uprisings, and repel invasions


Maintenance of harmony and proper intercourse with the States:

Clause 3: regulate commerce among the several States and the Indian tribes

Clause 4: establish a uniform rule of naturalization and uniform laws of bankruptcy

Clause 5: coin money, regulate the value of domestic and foreign coin, fix the standard of weights and measures

Clause 6: provide for the punishment of counterfeiting

Clause 7: establish post offices and and post roads



Miscellaneous objects of general utility:

Provisions for giving due efficacy to all these powers:

Clause 8: establish patent and copyright laws

Clause 18: The Necessary and Proper Clause

Clause 17: legislate for the seat of the federal capital and other federal territories



Copyrights and PatentsCopyrights and Patents

• Congress issues copyrights and patents to protect the right of people to profit from their creations.

– These rights encourage the development of arts and sciences.

– Copyrights deal with a wide range of creative works—from books to music to films—and last 70 years.

– Patents deal with inventions and processes and last 20 years.


Copyright Law and YouCopyright Law and You

• The Internet makes sharing information easier than ever, but laws regulate what information can or cannot be shared freely.

• Copyright protection may be inconvenient for those who want music or other content for free, but it is important to protect the rights of writers and artists. – What determines fair use?


Fair UseFair Use

• Determining an infringement of copyright depends upon whether the test of “fair use” is met. The factors considered are:

– The purpose and character of the use– The nature of the copyrighted work– The amount and substantiality of the portion

used– The effect of the use on the value of the

copyrighted work


Fair Use, cont.Fair Use, cont.

• In addition, the Supreme Court has held that the courts should focus on the extent that the new work is transformative – that is, does it alter the work with new expression, meaning or message?

• The more transformative the new work, the less will be the significance of the other factors


The Postal PowersThe Postal Powers

• Congress has the power to establish a national postal service. – Congress can decide

what can or cannot be mailed.

– State and local governments cannot interfere with the mail in any way. It is a federal crime to obstruct the mail or use the mail to commit a criminal act.


The Modern Post OfficeThe Modern Post Office

• Benjamin Franklin became the first Postmaster General in 1775.

• Today the Post Office has some 37,000 offices, nearly 700,000 employees and handles more than 200 billion pieces of mail each year.


Federal LandsFederal Lands

• Congress can acquire and manage federal lands and property.

– These powers apply to the District of Columbia, to federal territories, and to the many federal holdings such as military installations, prisons, and parks.

– Congress can gain new property by treaty, purchase, conquest, admitting new states, discovering unclaimed land, or by exercising eminent domain.


Eminent DomainEminent Domain

• Checkpoint: What restrictions does the Constitution place on the exercise of eminent domain?

– The federal government can seize private property as long as the property is put to public use and the original owners are given fair notice and are fairly compensated for the loss of their property.


Other PowersOther Powers

• Congress sets the rules governing how foreign citizens may become naturalized American citizens.

• Congress sets the national standard (in English and metric units) for weights and measures.

• Congress has several judicial powers.– Congress created the federal courts.– Congress defines federal crimes and sets the

punishments for them.


ReviewReview

• Now that you have learned how the expressed powers reflect the Framer’s commitment to creating a strong but limited National Government, go back and answer the Chapter Essential Question.– What should be the limits on the powers of

Congress?



1. Explain how the Necessary and Proper Clause gives Congress flexibility in lawmaking.

2. Compare the strict construction and liberal construction positions on the scope of congressional power.

3. Describe the ways in which the implied powers have been applied.


Key TermsKey Terms

• Necessary and Proper Clause: the final clause of Article I, Section 8 in the Constitution, which gives Congress the power to make all laws “necessary and proper” for carrying out its expressed powers; also called the Elastic Clause

• strict constructionist: someone who argues that Congress can use only those implied powers absolutely necessary to carry out its expressed powers


Key Terms, cont.Key Terms, cont.

• liberal constructionist: someone who argues that the Constitution gives Congress very broad implied powers

• consensus: a general agreement among the majority

• appropriate: to assign to a particular use; Congress appropriates billions of dollars to programs such as education, unemployment compensation, and Social Security



• How has the doctrine of implied powers increased the powers of Congress?

– The Necessary and Proper Clause has been interpreted in a way that gives Congress many powers not specifically mentioned in the Constitution.

• For example, the Commerce Clause has been interpreted to let Congress pass laws on many economic activities.


Necessary and Proper ClauseNecessary and Proper Clause

• The final clause of Article I, Section 8 of the Constitution says Congress has the power:

– “To make all Laws which shall be necessary and proper for carrying into Execution the foregoing Powers, and all other Powers vested by this Constitution in the Government of the United States, or in any Department or Officer thereof.”


Implied PowersImplied Powers

• Also called the Elastic Clause, this clause allows Congress to decide how it should carry out the many powers given to it by the Constitution.

• In doing so, Congress has given itself implied powers not mentioned in the Constitution. It has argued that these implied powers are needed to fulfill its other duties.


Implied Powers of CongressImplied Powers of Congress

• Many of the laws of Congress makes today stem from the Necessary and Proper Clause.

• The Framers could not have made provisions for every situation that might arise in the modern world.

– Without its implied powers, how effectively could Congress address new situations?


The expressed power to lay and

collect taxes

Implies the power to:

• Punish tax evaders

• Regulate (license) some commodities (such as alcohol) and outlaw the use of others (such as narcotics)

• Require States to meet certain conditions to qualify for federal funding

The expressed power to borrow

money

Implies the power to establish the Federal Reserve Systems of banks

The expressed power to create

naturalization law

Implies the power to regulate and limit immigration


The expressed power to raise

armies and a navy

Implies the power to draft Americans into the military

The expressed power to regulate

commerce


• Establish a minimum wage

• Ban discrimination in workplaces and public facilities

• Pass laws protecting the disabled

• Regulate banking

The expressed power to

establish post offices


• Prohibit mail fraud and obstruction of the mails

• Bar the shipping of certain items through the mail


Strict ConstructionStrict Construction

• Checkpoint: What was the argument of the strict constructionists?

– Anti-Federalists supported strict construction, arguing that Congress should only be able to use implied powers that are absolutely necessary to carry out its expressed powers.

– Strict constructionists such as Thomas Jefferson wanted to protect the independence and power of state governments from a national government with too many implied powers.


Liberal ConstructionLiberal Construction

• Liberal constructionists took the Federalist view that the Constitution should be interpreted broadly, strengthening the national government by giving it a wide range of implied powers.

• The Supreme Court upheld the idea of implied powers in McCulloch v. Maryland in 1818.

• Since then, the liberal constructionist view has dominated and federal power has grown.


Expanding PowersExpanding Powers

• Major crises have placed more responsibility on the national government.

• Citizens have demanded more services from the government.– Congress established

the United States Border Patrol to guard the nation’s borders.


Expanding Powers, cont.Expanding Powers, cont.

• Congress, the President, and the Supreme Court have all supported increased powers for the national government.

• Implied powers allow the federal government to adapt to changes in society and technology that the Framers could not have anticipated.

• For example, while Education is an area expressly delegated to the States, Congress has used its implied powers to make legislation affecting schools.


Congress and EducationCongress and Education

• Title III of the Civil Rights Act authorized the attorney general to issue civil suits against discriminatory school in the United States.

• Title IX of the Education Amendments to the Civil Rights Act forbids gender discrimination in federally funded education programs.

• The Individuals with Disabilities Education Act is designed to prevent discrimination and enable individuals with disabilities to participate fully in all aspects of education.


Implied Powers in PracticeImplied Powers in Practice

• Implied powers have most often been connected to the commerce power, the power to tax and spend, and the war powers.

• Congress can levy a wide range of taxes and assign federal money to be spent on improving the general welfare through a variety of services like Social Security or Medicare.


Limits on Implied PowersLimits on Implied Powers

• Congress cannot simply grant itself a power because such a power would benefit the public or the United States.

• An implied power must be based in some way on the expressed powers of the Constitution.

• Implied powers cannot violate the Constitution.


The Commerce PowerThe Commerce Power

• The Commerce Clause is now defined to include the production, buying, and selling of goods as well as the transportation of people and goods.

– Using implied powers derived from the Commerce Clause, Congress can regulate manufacturing, wages, food and drugs, and more.

– Congress can also build interstate highways, set consumer protection laws, and protect the environment.


War PowersWar Powers

• Congress can do whatever is needed to carry out its war power, except violate another part of the Constitution.

• Congress created the draft based on its implied war powers. – To which power does

this cartoon refer?


ReviewReview

• Now that you have learned how the doctrine of implied powers has increased the powers of Congress, go back and answer the Chapter Essential Question.– What should be the limits on the powers of

Congress?



1. Describe the role of Congress in amending the Constitution and its electoral duties.

2. Describe the power of Congress to impeach, and summarize presidential impeachment cases.

3. Identify the executive powers of Congress.

4. Describe the investigatory powers of Congress.


Key TermsKey Terms

• successor: a replacement chosen to fill a vacancy

• impeach: to accuse, or bring charges against• acquit: to find not guilty • perjury: lying under oath• censure: a formal condemnation of a person’s

behavior• subpoena: a legal order directing someone to

appear before a committee or court


Introduction Introduction

• What nonlegislative powers does the Constitution delegate to Congress?

– Congress can propose constitutional amendments.

– Congress has some rarely used electoral duties when elections must be decided or a new vice president appointed.

– Congress can impeach certain federal officials.

– The Senate must approve major presidential

appointments and ratify official treaties.


AmendmentsAmendments

• Congress can propose constitutional amendments by a two-thirds vote of each house and has done so 33 times.

• Congress can also call a national convention of state delegates to propose an amendment, but has never done so.


ElectionsElections

• If no candidate receives a majority of electoral votes for President or Vice President, Congress chooses the winner.

– The House chooses the President, voting on a state-by-state basis for one of the top three contenders.

– The Senate votes for the Vice President, with individual Senators casting votes.


Electoral Duties Electoral Duties

• The House chose the President in 1801 and 1825. The Senate chose the Vice President in 1837.

• When the President appoints a new vice president, a majority of both houses in Congress must approve the choice.


The Impeachment ProcessThe Impeachment Process

• The Constitution allows Congress to remove the President, Vice President, and all civil officers for treason, bribery, or high crimes and misdemeanors.

– The House impeaches, or brings charges against, an official. This requires a majority vote.

– The Senate then acts as a court and tries the official. Convicting an official takes a two-thirds majority.


ImpeachmentsImpeachments

• To date, 17 federal officials have been impeached and seven convicted.– All those convicted were federal judges.

• President Andrew Johnson was impeached in 1868 after harsh disagreements with the Republican Congress about how to carry out Reconstruction after the Civil War. The Senate found him not guilty by one vote.

• Why was President Johnson impeached?


WatergateWatergate

• Richard Nixon resigned the presidency in 1974 under threat of impeachment due to the Watergate Scandal.

– Investigation into the Watergate burglary uncovered many illegal acts by Nixon’s administration, including bribery, perjury, and fraud.

– Gerald Ford (right) succeeded him as president.


Clinton’s ImpeachmentClinton’s Impeachment

• President Clinton was impeached by the House in 1998 but found not guilty by the Senate in 1999.

– He was charged with perjury and obstruction of justice for withholding information about an inappropriate relationship with a White House intern.

– Opponents of his impeachment argued that these acts did not qualify as “high crimes and misdemeanors.”


PenaltyPenalty

• Checkpoint: What is the penalty if the President is impeached and convicted?– Convicted officials,

including the President, are removed from office and can be banned from holding office again.


Executive PowersExecutive Powers

• All major presidential appointments must be confirmed by a majority vote of the Senate.

– The Senate rarely rejects a Cabinet appointment, though candidates may be withdrawn.

– The custom of senatorial courtesy means the Senate will only approve appointees supported by the Senators from the appointee’s state who belong to the President’s party.


Congressional InfluenceCongressional Influence

• The Senate approves high level appointments by the President.

• The President consults with Congress during the negotiation of treaties.

• Presidents may need to make changes in a treaty at the behest of Congress.

• Even after a treaty has been approved, Congress can repeal it.


OversightOversight

• Congress has the implied power to investigate any matter that falls within the scope of its lawmaking authority.

– This oversight power is exercised most often by congressional committees.


Congressional HearingsCongressional Hearings

• Checkpoint: What are some of the reasons that Congress holds hearings? – To gather information

needed for lawmaking – To oversee executive

branch agencies– To focus public attention

on an issue– To expose questionable

activities of group or individual

– To promote the interests of members of Congress Bill Gates


ReviewReview

• Now that you have learned about the nonlegislative powers the Constitution delegates to Congress, go back and answer the Chapter Essential Question.– What should be the limits on the powers of

Congress?

Chapter 11: Powers of Congress Section 1. Copyright © Pearson Education, Inc.Slide 2 Chapter 11,...

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