Overview of Congressional Powers

Transcription

1 Overview of Congressional Powers Congress has three main types of powers: Expressed Located in Article I/Section 8/Clauses listed powers Example: Declare War Print & Coin Money Implied Not located in the Constitution Come from interpretation of the Elastic Clause (Article 1/Section 8/Clause 18 Used to carry out the Expressed Powers Example: Create a draft create the Federal Reserve Bank Inherent Powers Congress has because it is the national legislature Example: Regulate immigration

2 Taxation Powers Article I/Section 8/Clause 1 grants Congress the power to lay and collect taxes, duties, imports, & excises Federal government takes in excess of $2 trillion per year 90% comes from taxes Tax: a charge levied by the gov on persons or property to raise money to meet public need Types of Taxes: Protective Tariff: a tax on goods imported into the United States from a foreign country Imposed to protect American industry from foreign competition Direct Tax: a tax paid directly to the government by the individual Examples: Income Tax, Property Tax Indirect Tax: A tax paid by one person then passed on to another Examples: sales tax, luxury tax (furs/jewelry, sin tax (cigarettes/alcohol)

3 Limits on Tax Powers Some things Congress cannot tax: Cannot tax religious institutions for providing services Cannot levy a poll tax (tax to vote) Cannot tax exports, American goods going to foreign countries Four Guidelines to Congressional Taxes: 1. Congress can only tax for public benefit Cannot tax to make money Tax revenues used to pay for public services 2. Congress cannot tax exports Cannot tax goods going from the US to foreign countries for sell Designed to help encourage the sell of US goods in other countries 3. Direct taxes must be apportioned among the states based on population 4. Duties, Imports, & Excises must be uniform among all states

4 Borrowing Power Article 1/Section 8/Clause 2 gives Congress the power to borrow money Does not set a limit on the amount the US can borrow Deficit Financing: US spends more than it makes Gov must borrow to pay for provided services Public Debt is the total amount of the money borrowed & the accumulated interest $5.5 Trillion 2005 $7.5 trillion US made money (had a surplus instead of a deficit) due to strict limits on borrowing, increased taxes, & strong economy Returned to deficit in 2002/2003 due to economic slowdown, tax cuts, & war on terrorism in Afghanistan & Iraq

5 Commerce Power Article 1/Section 8/Clause 3 give Congress the power to regulate interstate & foreign trade (commerce) Commerce was originally defined as the buying & selling of goods Gibbons v. Ogden (1924) Supreme Court ruled that Commerce is the intercourse (process) of trade New Interpretation allows Congress to regulate many areas of business Examples Include Transportation systems International & Interstate trade Regulation of employee safety Many implied powers come from interpreting the Commerce Clause Anti-Discrimination acts/laws fall into this category

6 Limits on Commerce Power Four limitations on Commerce: 1. Cannot tax exports 2. Cannot favor one state over another in regulating trade 3. Cannot require vessels from one state to pay a tax to enter another state 4. Cannot interfere with the slave trade until 1808 during Constitutional Convention, slavery & slave trade very controversial Most framers agreed that slave trade should end, so set a date for ending foreign slave trade in 1808 Slaves were still able to be traded within the USA until 13 th Amendment (1865)

7 Bankruptcy & Currency Power Article I/Section 8/Clause 4 gives Congress the power to regulate bankruptcy Bankruptcy is a ruling that a person is unable to pay his/her debts The person s assets are take & given to pay off his/her debt Most bankruptcy hearings are heard in federal district courts Article 1/Section 8/Clause 5 grants Congress the power to coin & regulate money Congress created the Bank of the United State in 1791 Goal to provide the US w/ a uniform & stable money system Issued paper money (bank notes) The green backs were not legal tender & people were not required to take them Today, US had the Federal Reserve System Late 1880s, Supreme Court ruled that the US can issue paper legal tender Series of cases which questioned the validity of paper money Banks prohibited of creating own bank notes Today, paper money is the main type of currency in use

8 Foreign Diplomacy & War Powers Foreign Diplomacy: Shared w/the President Comes from two sources: Power to declare war Power to regulate international commerce Examples include: Enter into treaties with foreign nations Regulate international trade Set immigration policies Take military action War Powers: Eight of the expressed powers deal with the military & defense Most are shared with the President Examples: Declare war (only Congress can declare war) Create & maintain the Armed Forces Make rules governing land & naval forces Create & maintain a militia & can activate the militia (National Guard) Make & enforce laws governing US ships on the seas War Powers Act of 1973 gave Congress greater military power by limiting the President s ability to deploy troops President can deploy troops for a maximum of 60 days w/o Congressional approval

9 Naturalization & Postal Power Naturalization Power: Article I/Section 8/Clause 4 grants Congress the authority to determine who can become a US citizen Includes the power to regulate immigration Postal Power: Article I/Section 8/Clause 7 gives Congress the power to create a Post Office & the roads for postal routes Post Office Facts: Over 38,000 post office branches in US Employs over 750,000 people Processes 200 billion pieces of mail per year Post Roads include any method of transportation that is used to transport mail including: auto-routes, airplanes, trains, & shipping It is a FEDERAL crime to tamper with or prohibit the mail

10 Other Powers Copyrights, Trademarks, & Patents: Congress has the power to protect a person s right to their ideas & inventions by issuing patents & copyrights Copyright: protects the right of an author to reproduce, publish, sell, etc their works (includes written works, newspapers, music, scripts, & other media) Trademark: protects logos & images Patent: protects inventions Standard Weights & Measures: Congress has the right to set the US measurement system Maintains official time for the US ( Judicial Powers: Congress can over rule the presidential nominations for the federal courts & can impeach judges/justices

11 Implied Powers Article I/Section 8/Clause 1-18 gives Congress the right to make any law necessary to the carrying out of its expressed powers Right to have implied powers comes from two major rulings: Alexander Hamilton & the 1 st National Bank Hamilton, Sec. of Treasury, wanted to create a National Bank Argued that it was legal under Article I b/c it was necessary to the carrying out of 4 expressed power Congress & Supreme Court Agreed McCulloch v. Maryland Occurred when Maryland wanted to charge a tax on the 2 nd National Bank b/c believed bank was unconstitutional Manager of Bank, McCulloch, refused/tried & convicted in MD Court McCulloch appealed to the Supreme Court, arguing that the National Bank was legal Supreme Court agreed that the right to create a national bank was implied in the expressed currency, commerce, & taxing powers

12 Implied Powers Examples: Expressed Power Levy & collect taxes To borrow money Establish Naturalization Laws To raise an army & navy To regulate commerce Establish post offices Create the IRS Punish tax evasion Implied Power Regulate the licensing to sell certain items (liquor license) Outlaw the sell of certain items Establish the federal reserve system of banks Regulate immigration To draft men/women into the military Set a minimum wage Outlaw workplace discrimination Oversee workplace safety Protect against mail fraud To prohibit the shipping of certain items via mail

13 Nonlegislative Powers I: Constitutional Amendments Article V gives Congress the power to propose a Constitutional Amendment w/a 2/3 vote in both houses Congress has proposes 33 Amendments Congress can also call up a national Constitutional Convention if 2/3 of state legislatures agree (never used) Most recent proposals include: Require a balanced budget Outlaw flag burning Outlaw abortion Prohibit same-sex marriage Electoral Duties The House may elect the President if there is no clear winner Each state receive 1 vote Chosen from 3 highest contenders in the electoral vote Occurred twice (Jefferson & JQ Adams) The Senate may choose the Vice- President if there is no clear winner If the President must replace the VP, Congress must approve the nomination by a 2/3 majority in both chambers Used twice: Gerald Ford (1973) & Nelson Rockefeller (1974)

14 Nonlegislative Powers 2: Impeachment House has the authority to impeach gov. officials for certain acts: Conviction of treason Conviction of Giving or Receiving Bribes Conviction of other high crimes or misdemeanors To impeach means to accuse, it is not a verdict of guilt Must have a majority ruling in the House The Senate has the power to judge (try) the impeachment cases Requires a 2/3 vote to convict The Chief Justice acts as the presiding judge if a President is under trial The penalty of a conviction is removal from office An official may be remanded (given) to the regular courts if crime warrants it Two Presidents have been impeached / None have been convicted Andrew Johnson Replaced A. Lincoln following his assignation Charged with violating the Tenure of Office Act William Bill Clinton Charged with perjury (lying under oath) & obstruction of justice Ruling was that although he acted in a deplorable and amoral manner, no high crime was committed Richard Nixon resigned prior (before) to being impeached for his part in the Watergate scandal

15 Nonlegislative Powers 3: Presidential Appointments All major presidential appointments to office must be approved by the Senate Requires a majority vote The Approval Process: President gets approval from the Senators who represent the state the nominee is from (Senatorial Courtesy) Nominees are sent to the appropriate sub-committee for approval Sub-committee holds hearings to gather evidence to make recommendation Sub-committee recommends nominee to the Senate floor Nominee voted on by the Senate Treaties Any treaty the President enters into must be approved by the Senate President frequently consults with the members of the Senate Foreign Relation committee before drafting a treaty Senate can do three things to a treaty offered by the President 1. Accept the treaty as written 2. Amend the treaty 3. Reject the treaty Investigatory Power Congress can make inquiries for certain reasons To gather information to make a decision Oversee how legislation is carried out in by the executive agencies Focus public attention on certain issues Expose questionable activities of the gov.