3 Types of Congressional Powers granted by the Constitution Expressed Powers Explicitly written in the Constitution Implied Powers Reasonably deducted from the expressed powers Inherent Powers By creating a national government Two Interpretations of the Constitution Strict Constructionalists Originally the Anti-Federalists led by Thomas Jefferson Liberal Constructionalists Originally the Federalists Led by Alexander Hamilton Expressed Powers of Money and Commerce The Power to Tax The Borrowing Power The Commerce Power The Currency Power The Bankruptcy Power The Power to Tax Tax a charge levied by the government on persons or properties to meet public needs. Government brings in over $2 trillion each year, over 90% from taxes Limits on The Taxing Power May only tax for public purposes, not for private benefit May not tax exports Direct taxes must be apportioned to the States based upon their populations Limits on The Taxing Power All indirect taxes must be levied at the same rate in all parts of the country Cannot taxes churches 1
The Borrowing Power No limits on the amount of borrowing or the purpose of borrowing for Congress The government has practiced deficit financing for decades (it regularly spends more than it takes in The Borrowing Power National debt was $5.5 trillion in 1999; It is currently as of 12/2006 $8.6 trillion Balanced Budget Act of 1997. Four years of surpluses starting in 1999 The Borrowing Power Brief stop in deficit financing because of: Downturn in the Economy Major tax cuts Beginning of the War on Terrorism Commerce Power Congress has authority to regulate interstate and foreign trade Commerce Clause has been responsible for the building of a strong nation out of the weak nation under the Articles of Confederation more than any other provision of the Constitution Gibbons v. Ogden, 1824 First case involving the Commerce Clause to reach the Supreme Court Over steamboat monopolies in New York This decision paved the way for many that have given the Federal government control over many aspects of American life including civil rights Limits on the Commerce Power United States v. Lopez, 1995. Struck down the Gun-Free Zone Act of 1990. The Court found no reasonable relationship between commerce and guns at school. Found that the Federal Government had invaded authority of the States. 2
Limits on the Commerce Power Congress cannot tax exports Cannot favor ports of one State over the ports of another in regulation of trade Cannot require vessels bound for one State to pay duties to another State it passes through Could not interfere with Slave Trade until at least 1808 The Currency Power Power to coin money Expanded in 1791 to banknotes (paper money). Paper money did not become legal tender until 1861 Greenbacks, Gold Certificates, Silver Certificates, Federal Reserve Notes Bankruptcy Power Constitution gives Congress the authority to establish uniform laws for bankruptcy States also have authority to regulate bankruptcy Other Expressed Powers Foreign Relations Powers War Powers Naturalization The Postal Power Other Expressed Powers Copyrights & Patents Weights and Measures Power over Territories and Other Areas Judicial Powers Foreign Relations Powers The Area where the federal government has the most authority Power shared with the President 3
Foreign Relations Powers Comes from two sources: 1.From various expressed powers, especially the War Powers and power to regulate foreign commerce Foreign Relations Powers Comes from two sources: 2. The fact that the United States is a sovereign state in the World Community power to act on security matters (immigration and power to combat terrorism here and abroad) War Powers Shared with the President of the United States who dominates this area as Commander in Chief Congress has substantial war powers however Eight War Powers of Congress 1. Only Congress may declare war 2. The power to raise and support armies 3. The power to provide and maintain a navy 4. Make rules pertaining to governing of land and naval forces Eight War Powers of Congress 5. Congress can call forth the Militia 6. It has power to organize, arm and discipline it 7. Power to grant letters of marque and reprisal 8. Make rules concerning captures on land and water War Powers Resolution of 1973 Congress herein claims the power to restrict the use of American Forces in combat in areas where a state of war does not exist 4
Naturalization Congress sets the rules governing how immigrants can become citizens of the United States The Postal Power Congress has the right to establish post offices and postal roads. Postal roads are all postal routes including railroad, airways and waterways when mail is being carried on them The Postal Power Congress has established as federal crimes any obstructing of the mail, and prohibits certain things from being mailed into States which prohibit the items States cannot interfere with mail service and cannot require licenses for postal vehicles or tax gas they use Copyrights and Patents Copyright the exclusive right of an author to reproduce, publish or sell his or her creative work The lifetime of the author plus 70 years The Copyright Office does not enforce copyrights, but authors can sue in court Copyrights and Patents A patent grants the inventor the right to sell and new and useful machine, manufacture, or composition of matter, or any new and useful improvement thereof. Good for 20 years and can only be extended by a special act of Congress Weights and Measures Congress has the right to fix standard weights and measures Originally approved the English standards (pound, inches, etc.) In 1838 also approved metric measurements 5
Power over Territories and Other Areas Congress has control over the District of Columbia, Puerto Rico, Guam, Virgin Islands and hundreds of military bases and property around the world The Federal may acquire property by purchase and by eminent domain Judicial Powers Power to create all the inferior courts Power to structure the federal judiciary Power to define federal crimes Power to set punishments for federal crimes Necessary & Proper Clause 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. -Article 1, Section 8, Clause 18 Also called the Elastic Clause Elastic Clause and National Bank 1790 - Alexander Hamilton (Secretary of Treasury urged Congress to establish a national bank. Opponents led by Jefferson said nowhere in constitution is authority given to set up a national bank. Elastic Clause and National Bank Hamilton argued that Necessary and Proper clause gave Congress the power to do anything that reasonably related to the exercise of the expressed powers. National Bank related to powers to tax, borrow, commerce and currency powers. 2 nd National Bank When 2nd National Bank created in 1816, opponents fought against it by getting states to tax all notes created by a bank not chartered by the state but doing business in the state. State of Maryland sued and won against national bank in state courts. 6
2 nd National Bank Appealed to the Supreme court McCulloch v. Maryland (1819). Supreme Court ruled in favor of US stating that creation of second bank necessary and proper to carry out expressed powers in constitution. Section 5 The Nonlegislative Powers 1. Constitutional Amendments Congress may propose amendments to the Constitution with a 2/3 majority. 2. Congress has proposed 33 Amendments in its history. 3. 27 Amendments have passed. Electoral Powers If no presidential candidate receives a majority of votes in the electoral college, House of Representatives, with one vote per state, elects the president. Senate votes for VP if no majority in electoral college. All senators vote, majority necessary. Possible under 12th amendment that president of one party and VP of another. Electoral Powers House has chosen President twice Jefferson in 1801 John Quincy Adams in 1825 Senate chose VP only once Richard M. Johnson in 1837 Electoral Powers 25th amendment provides for replacement of VP to fill a vacancy. Requires a majority of both houses. Twice Gerald Ford in 1973 Nelson Rockefeller in 1974. Impeachment Impeachment (to accuse) House of Reps. Presidents twice: Andrew Johnson Bill Clinton. Requires simple majority. Senate tries, requires 2/3 majority to convict. 7
Impeachment Overall 17 impeachments and 7 removals. The removals were all federal judges. Richard Nixon resigned before impeachment and trial. Pardoned by Gerald Ford Executive Powers Advise and Consent on presidential appointments. Cabinet Members Federal Judges Department Heads: FBI, CIA, etc. Ambassadors Approve treaties Investigatory Powers Can investigate anything which falls within scope of their legislative powers: Gather info useful in making legislation Oversee operations of various executive branch agencies Investigatory Powers Focus public attention on a particular subject Expose questionable activities of public or private individuals Promote particular interests of members of congress 8