The Expressed Powers Of Congress
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Transcript of The Expressed Powers Of Congress
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
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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. 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.
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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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
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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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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
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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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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?