POWERS OF CONGRESS. Unit III, Section 2

Transcription

1 POWERS OF CONGRESS Unit III, Section 2

2 The Scope of Congressional Powers SECTION I

3 CONGRESSIONAL POWERS Powers delegated from the Constitution Many denials come from the lack of wording Powers hampered by Federal System Congress Cannot (Examples) Establish a national public school system Require people to vote or attend church Set marriage/driver s license age Abolish courts Censor media

4 CONGRESSIONAL POWERS Review of Powers Expressed Powers Implied Powers Explicitly stated Found through reasonable deduction Inherent Powers Established because the National Government exists

5 CONSTRUCTIONISTS Framers wanted a strong national government Criticism of the Constitution persisted into the early Republic years Federalists & Anti-Federalists established 2 viewpoints Strict Constructionist Liberal Constructionist

6 STRICT CONSTRUCTIONISTS Early leadership found in Thomas Jefferson Felt Constitution should operate under expressed and those vital implied powers Saw benefits of a national defense system & protection of interstate trade Wanted states to retain power States could best serve the citizens

7 LIBERAL CONSTRUCTIONISTS Leadership in Alexander Hamilton Felt the Country needed an energetic government Prevailing viewpoint Ideas have shaped dealings with war, economic crisis, etc. American people have demanded more services People want a broader view of government President & Supreme Court generally have taken this viewpoint

8 The Expressed Powers of Money & Commerce SECTION II

9 THE POWER TO TAX Article I, Sec. 8, Clause 1 - Congressional power to lay and collect taxes and duties Articles of Confederation did not allow Congress to tax Lack of taxing power a major push to create the Constitution

10 THE PURPOSE OF TAXES In US Government collected app. $3.4 trillion in taxes Tax levied against a person or property to raise money to meet public needs Other tax example: Protective Tariff Collects limited funds Main goal is to protect domestic industry Gov. regulation on narcotics Only those licensed may manufacture, sell, or deal in those drugs Licensing is a form of taxation

11 LIMITS ON THE TAXING POWER Congress does not have free rein to tax Bound by Constitutional parameters Cannot tax church services 1st amendment violation May not issue a poll tax 24th amendment violation

12 LIMITS ON TAXING POWER Four limitations on taxing power Congress can only tax for public benefit and not private gain Congress may not tax exports Direct taxes must be apportioned to the States by population Goes directly to the Government Income tax is a direct tax that is not based on population Wealth is not evenly distributed across the U.S. Indirect taxes must be consistent across the country Gasoline, alcohol, & tobacco Indirect taxes follow through the system Tobacco tax paid by tobacco company, costs passed on to the wholesaler who then passes it on to the consumer

13 THE BORROWING POWER No Constitutional limit on the amount of money that can be borrowed Statutory ceiling on public debt limits Public debt is borrowed money that is unpaid plus interest National debt approximately $21.48 trillion Congress can raise the debt ceiling (recent event) Deficit financing has been practiced Spending more than is taken in annually

14 THE BORROWING POWER Balanced Budget Act of 1997 Passed with Congress and President Clinton Vowed to eliminate deficit financing by 2002 Met goal in 1998, 1999, 2000, and 2001 Economy was booming, economic surplus Deficit again is an issue Sharp decrease in the economy Tax cuts under the Bush administration Global war on terrorism Budget shortfall in 2007: $205 billion

15 THE COMMERCE POWER Power of Congress to regulate interstate and foreign trade Weak interstate trading system under the Articles of Confederation Constitution called for Congress to begin regulating trade Article I, Section 8, Clause 3 The Commerce Clause

16 LIMITS ON COMMERCE POWER Four explicit limits Cannot tax exports (Article I, Section 9, Clause 5) Cannot favor the ports of one State over those of any other in the regulation of trade (Article I, Section 9, Clause 6) Cannot require vessels to pay duties in another state (Article I, Section 9, Clause 6) Could not interfere with the slave trade until at least 1808

17 THE CURRENCY POWER Congress allowed to coin/print money Currency system collapsed after the Revolution Early attempts at currency lead to useless bills Each of the 13 States could issue their own money Poor printing practices and circulation of English and Spanish currency Bank of the United States chartered in 1791 Power to issue paper currency

18 THE CURRENCY POWER Legal tender did not come until 1863 States chartered banks issued currency which competed with national monies Could not be redeemed for gold or silver Tax soon eliminated private bank notes Supreme Court struck down printing of paper money in 1870 to coin meant to stamp metal Decision overturned by 1884

19 Other Expressed Powers SECTION III

20 FOREIGN RELATIONS POWERS Shared powers with the President This power is denied to the States Powers stem from various expressed powers & inherent powers Examples War Powers Foreign Commerce Regulation of Immigration

21 WAR POWERS Article I, Section 8 This power is shared with the executive Congress may Declare War Raise/Support an army Provide/Maintain a navy Make military rules Call a militia Grant legalized piracy (letters of marque & reprisal) War Powers Resolution of 1973 Congress can restrict forces where a state of war does not exist

22 THE POSTAL POWERS Congress may establish Post Offices & Postal Roads Credited founder- Ben Franklin 38,000 offices, branches, & stations Establish crimes against the postal system Illegal to obstruct the mail, commit fraud, or commit a crime through the mail Prohibition on mailing certain items States cannot interfere or tax the Postal Service

23 COPYRIGHT Right of an author to reproduce, publish, or sell their creation Registration through the Copyright Office in the Library of Congress Lasts the life of the author plus 70 years The Office does not enforce protection of copyright - owner must handle matters

24 PATENT Grants person sole right to manufacture, use, or sell a new product Patent lasts for 20 years Patents & Trademark Office of the Department of Commerce

25 WEIGHTS & MEASURES Reflects need for accurate/uniform gauges on time, distance, area, weight, volume, etc English system of measurement enacted 1866-Congress legalized Metric System 1901-Creation of the National Bureau of Standards by the National Institute of Standards & Technology

26 POWER OVER LAND Congress has power to manage land DC & Territories Military Bases Prisons Post Offices & Federal Buildings Parks Acquire property through purchase or gift Eminent Domain-taking of private property for public use Gain territory from a foreign state

27 JUDICIAL POWERS Create federal courts below Supreme Courts Structure of Federal Judiciary Define federal crimes & punishments Four defined federal crimes Counterfeiting Piracy Offense of International law Treason Implied powers used to create hundreds of other federal crimes

28 NATURALIZATION Process which a foreign born person becomes a citizen of the United States Approximately 11 million naturalized US citizens

29 Implied Powers SECTION IV

30 IMPLIED POWERS Those powers that are found through deduction Not explicitly stated Example: Education Not mentioned in the Constitution Federal Government still appropriates, sets aside funds for a specific use, to fund education

31 NECESSARY & PROPER CLAUSE Elastic Clause Allows Congress to create laws to run the government Allowed Congress to change and adapt over time Alexander Hamilton a major support of the Necessary & Proper Clause

32 BATTLE OVER IMPLIED POWERS Alexander Hamilton urges the creation of a National Bank Opponents stated that the Constitution did not give Congress the power to establish the bank Strict Constructionist: Government should run on those powers that are absolutely necessary Hamilton (liberal): Looked to the Necessary & Proper Clause Congress had the power to create the bank Reasonably related to exercise of expressed powers Argued banks would help with taxing, borrowing, commerce, & currency

33 BATTLE OVER IMPLIED POWERS Strict Constructionists felt that the bank would give Congress too much power Hamilton triumphed National Bank established 1791 Charter set to expire in 1811 Bank remained unchallenged in the courts for 20 years

34 MCCULLOCH VS. MARYLAND 1816 Second National Bank established Chartered after a hard-fought battle Opponents of the bank worked with state legislatures to cripple the bank 1818-Maryland placed tax on issuances from non-state chartered banks James McCulloch, bank cashier, issued notes without paying the tax

35 MCCULLOCH VS. MARYLAND McCulloch brought up on charges Maryland won state court judgment U.S. appealed to Supreme Court for McCulloch Opposing Sides Maryland- Strict Constructionist - Bank was unconstitutional U.S.- Liberal Constructionist - Bank established under implied powers, State could not tax a Federal agency Supreme Court reversed Maryland decision Bank constitutional under Necessary & Proper Clause Court approved of implied powers

36 DOCTRINE INTO PRACTICE Doctrine- principle of fundamental policy Necessary & Proper Clause has become the Convenient & Useful Clause Examples Louisiana Purchase under Jefferson Army conscription Congress still has restraints in place

37 Non-Legislative Powers SECTION V

38 CONSTITUTIONAL AMENDMENTS Article V: Amendments can be proposed by a 2/3 vote in each chamber Congress can call a National Convention Upon request of 34 (2/3) States Pass potential amendments Balanced budget annually Prohibit flag burning Permit prayer in public school Impose Congressional term limits

39 ELECTORAL DUTIES House can elect the president if no candidate receives a majority of electoral votes Chose from the 3 highest contenders Each state has 1 vote Jefferson (1801) John Quincy Adams (1825) Senate may pick the VP Each senator votes independently Richard Johnson (1837)

40 ELECTORAL DUTIES 25th Amendment Outlines vacancy of Vice Presidential office President nominates a successor Majority vote in both houses Occurrences Gerald Ford (1973) Nelson Rockefeller (1974)

41 IMPEACHMENT House may impeach (accuse, bring charges) against a public official Majority vote in the House Senate tries impeachment cases 2/3 vote needed to convict Can ban official from serving publically again Official may be charged in courts also Supreme Court Chief Justice presides over trial 17 impeachments 7 convicted (all federal judges) 2 presidents (both acquitted)

42 ANDREW JOHNSON 17th President after Lincoln s assassination (1865) Began conflicting with Radical Republicans in Congress Johnson fired Secretary of War Stanton Issues over dealing with the defeated South Violated Tenure of Office Act House impeached Johnson Found not guilty by 1 swing Republican vote

43 BILL CLINTON Impeached in 1998 Stemmed from an inappropriate relationship Internal push to censure the President Issues of perjury and obstruction of justice Formal condemnation Trial began January 7, 1999 Public was highly displeased with trial February 12, Senate acquits

44 RICHARD NIXON 1974-resigned in the face of certain impeachment Watergate scandal Republican break in of the DNC offices Washington Post investigation triggered the Dept. of Justice to become involved Illegal acts included Nixon subpoenaed but played coy with Congress Knew House would fully impeach/senate convict Resigned, Aug. 9, 1974 Downfall of many White House staff

45 EXECUTIVE POWERS Appointments President appointments confirmed by Congress Committee Process Rarely are appointment denied Senatorial Courtesy used for State appointments Treaties President once consulted Senate on treaty making Now, Senate Foreign Relations Committee consulted Accept/Deny Treaty Amendments, reservations, or understandings can be added House consulted for financial needs

46 INVESTIGATORY POWER Investigations led by specific committees Investigations used to Gather information Have oversight of executive offices Focus attention on a particular subject Expose questionable activities Promote Congressional interests