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Powers of Congress



 Government Chapter 11
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
Strict constructionalist thought that Congress
 should have very limited power (led by
 Thomas Jefferson.)
Liberal constructionalist (led by Alexander
  Hamilton) broad powers to Congress.
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.”
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)
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.
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.
Deficit financing
the Federal Gov't spends more than it takes
  in each year – and then borrows to make
  up the difference.
See the U.S. debt second by
          second!



    http://www.usdebtclock.org/
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.
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.
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.
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.
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.
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.
Naturalization
The process by which citizens of one country
 become citizens of another.
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.
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.
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
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.
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.
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.
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
Doctrine
A doctrine is a principle or fundamental
 policy. The doctrine of implied powers has
 been applied in instances almost too
 numerous to count.
Article V
Congress may propose amendments by a
 two-thirds vote in each house.
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.
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.
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.
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.
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
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.
Treaties
The President makes treaties and has to
 have two thirds of the Senators present
 concur.
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.

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Chapter 11 government notes

  • 1. Powers of Congress Government Chapter 11
  • 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.
  • 16. Naturalization The process by which citizens of one country become citizens of another.
  • 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.
  • 25. Article V Congress may propose amendments by a two-thirds vote in each house.
  • 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.
  • 32. Treaties The President makes treaties and has to have two thirds of the Senators present concur.
  • 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.