2. 3 ways
1.) explicitly, in its specific wording,
expressed powers
2.) by reasonable deduction from the
expressed powers – implied
3.) by creating a national gov't for the U.S. -
inherent powers
3. Strict constructionalist thought that Congress
should have very limited power (led by
Thomas Jefferson.)
Liberal constructionalist (led by Alexander
Hamilton) broad powers to Congress.
4. Expressed Powers of Money and
Commerce (sec 2)
Commerce Clause
“To regulate Commerce with foreign nations, and
among several States, and with the Indian
Tribes.”
5. The Power to Tax
tax – is a charge levied by government on
persons or property to raise money to meet
public needs.
Not unlimited – Can't lay a tax on church
services (would violate 1st amendment)
6. Constitution limits on taxing
1.) for public purposes, not for private benefit
2.) May not tax exports
3.) Direct taxes must be apportioned among
the states, according to their populations.
4.) All indirect taxes levied by the Federal
Gov't must be levied at the same rate in
every part of the country.
7. Borrowing Power
Congress can borrow money on the credit of
the US.
public debt – is all of the money borrowed by
the federal Gov't over the years and not yet
repaid, plus the accumulated interest on
that money.
statutory ceiling on public debt in 2011 is
$15.194 trillion.
8. Deficit financing
the Federal Gov't spends more than it takes
in each year – and then borrows to make
up the difference.
9. See the U.S. debt second by
second!
http://www.usdebtclock.org/
10. Balanced budget Act of 1997
Congress & President Clinton vowed to
eliminate deficit financing by 2002.
Surpluses for 1998, 1999, 2000, 2001.
Didn't last long because:
sharp downturn in economy, several major tax
cuts pushed by President Bush and enacted by
Congress in 2001, 2002, 2003, onset of the
global war on terrorism in 2001 and conflicts in
Afghanistan and Iraq.
11. The Commerce Power
Power of Congress to regulate interstate and
foreign trade through Commerce Clause.
More responsible than any other clause for
uniting the States.
12. Gibbons v. Ogden, 1824
Robert Fulton had a monopoly over the steamboat industry.
Fulton gave Aaron Ogden a permit for steamboat navigation
between NYC and NJ.
Thomas Gibbons had a coastal license from the National
Government and began carrying passengers, competing
with Ogden.
Ogden sued Gibbons
NY courts held that Gibbons couldn't sail by steam in NY
waters.
Went to the Supreme Court. They ruled for Gibbons.
Dealt a blow to the steamboat monopolies.
13. Currency Power
After independence, Framers agreed they
needed a single, national system of “hard”
money.
Legal tender – any kind of money that a
creditor must by law accept in payment for
debts.
Greenbacks – first national paper currency.
Bankruptcy – legal proceeding in which the
bankrupts assets – however much or little
they may be- are distributed.
14. Foreign Relations Powers in
Congress
Come from:
1) various expressed powers, especially the war
owners and the power to regulate commerce
2.) from the fact that the U.S. is a sovereign
state in the world community.
15. War Powers
Share with the Executive Branch
Only Congress may declare war.
Raise and support armies, provide and
maintain a navy and to make rules
pertaining to the governing of land and
naval forces.
17. Postal Power
Power to establish Post offices and post Roads
(postal routes.)
Benjamin Franklin is generally credited as the
founder of the present-day postal system.
Federal crimes – to obstruct the mail, to use mail to
commit any fraud, or any other mail crime.
You cannot send firecrackers, switchblades, chain
letters or obscene material through the mail.
18. Copyrights and Patents
is the exclusive right of an author to
reproduce, publish, and sell his or her
creative work. Good for 70 years after
death.
A patent grants a person the sole right to
manufacture, use, or sell “any new and
useful art, machine, manufacture, or
composition of matter, of any new and
useful improvement thereof.” Good for 20
years.
19. Weights and Measures
Power reflects the absolute need for
accurate, uniform gauges of time, distance,
area, weight, volume, and the like.
pound, ounce, mile, foot, gallon, quart
gram, meter, kilometer, liter
20. Power over territories
Gives Congress the power to acquire,
manage, and dispose of various federal
areas.
District of Columbia, Puerto Rico, Guam, and the
Virgin Islands.
Eminent Domain – the inherent power to take
private property for public use.
21. Judicial Powers
Create all of the federal courts below the
Supreme Court and to structure the federal
judiciary.
Defines federal crimes and set punishment
for violators.
counterfeiting, piracies and felonies on the high
seas, and offenses against international law.
22. Appropriates
Assign to a particular use – like Congress
does with billions a year for education to
the U.S. Department of Education.
Example of using Implied Power.
23. Necessary and Proper Clause
The constitutional basis for the implied
powers is found in one of the expressed
powers – the Necessary and Proper
Clause. AKA the Elastic Clause.
Revisit McCulloch v. Maryland, 1819
24. Doctrine
A doctrine is a principle or fundamental
policy. The doctrine of implied powers has
been applied in instances almost too
numerous to count.
26. Electoral Duties
12th amendment – if no one receives a majority of the
electoral votes for President, the House, voting by
States, is to decide the issue of President.
They must also choose a Vice President if no candidate
wins a majority. This has been done twice: Thomas
Jefferson in 1801 and John Quincy Adams in 1825.
The Senate picked a Vice President once: Richard M.
Johnson in 1837.
25th amendment provides for vice presidency.
President nominates a successor – a replacement –
subject to a majority vote in both houses of Congress.
Gerald Ford in 1973 and Nelson Rockefeller in 1974.
27. Impeachment
The House has the sole power to impeach –
to accuse, bring charges.
Penalty for conviction is removal from office.
Two presidents have been impeached –
Andrew Johnson in 1868 and Bill Clinton in
1998. The Senate voted to acquit both
men – found them not guilty.
28. Andrew Johnson
Johnson disagreed with Radical Republicans
in Congress. Congress passed the Tenure
of Office Act, over the President's veto.
Johnson deliberately violated the law.
29. Bill Clinton
Clinton had inappropriate relations with a
White House intern (Monica Lewinsky)
First he was charged with perjury, or lying
under oath. Then obstruction of justice.
Many people pressed to censure the
president – formally condemn him for his
behavior.
30. Richard Nixon
Resigned in the face of almost certain impeachment for
Watergate Scandal.
June 1972 attempt by Republican operatives to break
into the Democratic Party's national headquarters in
the Watergate office complex in Washington, D.C.
Investigation of the incident led to a long list of illegal
acts.
Nixon was charged with obstruction of justice, abuse of
power, and failure to respond to the committee's
subpoenas (legal order to appear in court.)
Nixon resigned on August 9th, 1974
31. Appointments
All major appointments made by the
President must be confirmed by the Senate
by majority vote.
Only 12 of the more than 600 Cabinet
appointments have been rejected.
33. Investigatory Power
1. gather information useful to Congress in the making
of some legislation.
2. oversee the operations of various executive branch
agencies.
3. focus public attention to a particular subject, from
drug war to movie violence.
4. expose the questionable activities of public officials
or private persons.
5. promote the particular interests of some members of
Congress.
