Chapter 11 POWERS OF CONGRESS. Chapter 11 Section 1 The Scope of Congressional Powers –Objective I Identify the three types of congressional power.

Chapter 11Chapter 11

POWERS OF POWERS OF

CONGRESSCONGRESS

Chapter 11 Section 1Chapter 11 Section 1

The Scope of Congressional The Scope of Congressional PowersPowers

– Objective IObjective I

Identify the three types of Identify the three types of congressional power.congressional power.

I. Identify the three types of I. Identify the three types of congressional powers.congressional powers.

A. Expressed PowersA. Expressed Powers– Explicit, clearly stated powersExplicit, clearly stated powers– Specific wordingSpecific wording

B. Implied PowersB. Implied Powers– Reasonable deduction from the Reasonable deduction from the

expressed powersexpressed powers C. Inherent PowersC. Inherent Powers

– Possessed by all sovereign statesPossessed by all sovereign states


The Scope of Congressional The Scope of Congressional PowersPowers

– Objective IIObjective II

Compare strict construction of the Compare strict construction of the U.S. Constitution on the subject of U.S. Constitution on the subject of congressional power to liberal congressional power to liberal construction.construction.

II. Strict versus Liberal II. Strict versus Liberal Constructionist.Constructionist.

A. Strict ConstructionistA. Strict Constructionist– 1) Narrow, literal interpretation of the 1) Narrow, literal interpretation of the

ConstitutionConstitution– 2) Major proponent – Thomas Jefferson2) Major proponent – Thomas Jefferson– 3) Attitude toward implied powers – use only 3) Attitude toward implied powers – use only

when necessarywhen necessary– 4) Attitude toward national power – should be 4) Attitude toward national power – should be

restrained and limited, except for defenserestrained and limited, except for defense– 5) Attitude toward state power – should 5) Attitude toward state power – should

remain strong and keep most powerremain strong and keep most power


B. Liberal ConstructionistB. Liberal Constructionist– 1) Broad interpretation of the Constitution1) Broad interpretation of the Constitution– 2) Major proponent – Alexander Hamilton2) Major proponent – Alexander Hamilton– 3) Attitude toward implied powers – use often 3) Attitude toward implied powers – use often

and energeticallyand energetically– 4) Attitude toward national power – should be 4) Attitude toward national power – should be

strong and allowed to growstrong and allowed to grow– 5) Attitude toward state power – should be 5) Attitude toward state power – should be

restrainedrestrained


C. ConsensusC. Consensus– 1) A general agreement1) A general agreement– 2) Liberal construction prevailed2) Liberal construction prevailed

a) wars and economics crisesa) wars and economics crisesb) advances in transportation and b) advances in transportation and

communicationcommunicationc) people demanded services from the c) people demanded services from the

governmentgovernment

END OF SECTION 1END OF SECTION 1


The Expressed Powers of The Expressed Powers of Money and CommerceMoney and Commerce


Summarize key points relating to Summarize key points relating to Congress’s power to tax.Congress’s power to tax.

I. Summarize key points relating to I. Summarize key points relating to Congress’s power to tax.Congress’s power to tax.

A. Congress has the power to A. Congress has the power to lay and collect taxes to pay lay and collect taxes to pay debts and provide for common debts and provide for common defense and general welfare.defense and general welfare.

B. TAX – charge levied by gov’t B. TAX – charge levied by gov’t on persons or property to meet on persons or property to meet gov’t needsgov’t needs

I. Summarize key points relating to I. Summarize key points relating to Congress’s power to tax.Congress’s power to tax.

C. DIRECT TAX – Must be paid by C. DIRECT TAX – Must be paid by the person on whom it is the person on whom it is imposed.imposed.

D. INDIRECT TAX – First paid by D. INDIRECT TAX – First paid by one person, but then passed on one person, but then passed on to another.to another.




Describe how Congress uses its Describe how Congress uses its power to borrow money.power to borrow money.

II. Describe how Congress uses its II. Describe how Congress uses its power to borrow money.power to borrow money.

A. Deficit financing – Spending A. Deficit financing – Spending more than is taken in and more than is taken in and borrowing to make up the borrowing to make up the difference.difference.

B. Public debt – All the money B. Public debt – All the money gov’t borrowed over the years gov’t borrowed over the years that is not yet repaid.that is not yet repaid.



– Objective IIIObjective III

Analyze the importance of Analyze the importance of Congress’s commerce power.Congress’s commerce power.

III. Analyze the importance of III. Analyze the importance of Congress’s commerce power.Congress’s commerce power.

A. Congress’s Commerce Power A. Congress’s Commerce Power gives the ability to regulate gives the ability to regulate interstate and foreign trade.interstate and foreign trade.

B. B. Gibbons v. OgdenGibbons v. Ogden – Supreme – Supreme Court stated that the national Court stated that the national gov’t has the right to regulate gov’t has the right to regulate interstate commerce.interstate commerce.

III. Analyze the importance of III. Analyze the importance of Congress’s commerce power.Congress’s commerce power.

C. Limits of the Commerce C. Limits of the Commerce PowerPower

– 1) Cannot tax exports1) Cannot tax exports– 2) Cannot favor the ports of one State 2) Cannot favor the ports of one State

over another over another– 3) Cannot require vessels from one 3) Cannot require vessels from one

State to pay duties (taxes) State to pay duties (taxes) in in another state another state



– Objective IVObjective IV

Identify the reasons that the Identify the reasons that the Framers gave Congress the Framers gave Congress the power to issue currency.power to issue currency.

IV. Identify the reasons that the IV. Identify the reasons that the Framers gave Congress the power Framers gave Congress the power

to issue currency.to issue currency.

A. Congress has the power to A. Congress has the power to coin money and regulate its coin money and regulate its value.value.

B. Legal Tender – money that a B. Legal Tender – money that a creditor must by law accept in creditor must by law accept in payment of debt.payment of debt.



– Objective VObjective V

Explain how the bankruptcy Explain how the bankruptcy power works.power works.

V. Explain how the bankruptcy V. Explain how the bankruptcy power works.power works.

A. Congress has the power to A. Congress has the power to establish uniform laws on the establish uniform laws on the subject of bankruptcies.subject of bankruptcies.

B. Bankruptcy – the legal B. Bankruptcy – the legal proceeding in which someone’s proceeding in which someone’s assets are distributed among assets are distributed among those to whom a debt is owed.those to whom a debt is owed.



The Implied PowersThe Implied Powers


Explain how the Necessary and Explain how the Necessary and Proper Clause gives Congress Proper Clause gives Congress flexibility in lawmaking.flexibility in lawmaking.

I. Explain how the Necessary & Proper I. Explain how the Necessary & Proper Clause gives Congress flexibility.Clause gives Congress flexibility.

A. Appropriate – assign to a A. Appropriate – assign to a particular use particular use

B. Necessary & Proper ClauseB. Necessary & Proper ClauseGives Congress the expressed Gives Congress the expressed power to make all laws which power to make all laws which shall be necessary and proper shall be necessary and proper

Elastic ClauseElastic Clause


The Implied PowersThe Implied Powers


Summarize the key Summarize the key developments in the battle over developments in the battle over the implied powers of Congress.the implied powers of Congress.

II. Summarize the key developments in the II. Summarize the key developments in the battle over the implied powers of Congress.battle over the implied powers of Congress.

A. A. Liberal constructionist, Alexander Liberal constructionist, Alexander Hamilton used the Necessary & Hamilton used the Necessary & Proper Clause to establish the Bank Proper Clause to establish the Bank of the United States.of the United States.

B. Doctrine – Principle or B. Doctrine – Principle or fundamental policy fundamental policy

II. Summarize the key developments in the II. Summarize the key developments in the battle over the implied powers of Congress.battle over the implied powers of Congress.

C. C. McCulloch vs. Maryland, 1819McCulloch vs. Maryland, 1819– Prompted by Maryland’s attempt to tax Prompted by Maryland’s attempt to tax

federal bank notesfederal bank notes– Chief Justice John Marshall ruled in Chief Justice John Marshall ruled in

accepting the implied power of creating accepting the implied power of creating a Bank of the United States becausea Bank of the United States becausea) within the scope of the Constitutiona) within the scope of the Constitutionb) legitimate purposeb) legitimate purposec) consistent with the letter and spirit of the c) consistent with the letter and spirit of the

Constitution Constitution



The Nonlegislative PowersThe Nonlegislative Powers


Describe Congress’s role in Describe Congress’s role in amending the Constitution and in amending the Constitution and in deciding elections.deciding elections.

I. Describe Congress’s role in amending the I. Describe Congress’s role in amending the Constitution and in deciding elections.Constitution and in deciding elections.

A. Article V – gives Congress the A. Article V – gives Congress the power to propose amendments to power to propose amendments to the Constitution.the Constitution.

B. If the electoral college cannot B. If the electoral college cannot choose a President by majority vote, choose a President by majority vote, the House of Representative must the House of Representative must choose among the three highest choose among the three highest contenders.contenders.

I. Describe Congress’s role in amending the I. Describe Congress’s role in amending the Constitution and in deciding elections.Constitution and in deciding elections.

C. If the electoral college cannot C. If the electoral college cannot choose a Vice President by majority choose a Vice President by majority vote, the Senate must choose.vote, the Senate must choose.

Richard M. JohnsonRichard M. Johnson

D. Successor – replacementD. Successor – replacement2525thth Amendment AmendmentGerald Ford and Nelson RockefellerGerald Ford and Nelson Rockefeller




Describe Congress’s power to Describe Congress’s power to impeach, and summarize impeach, and summarize presidential impeachment cases.presidential impeachment cases.

II. Describe Congress’s power to impeach, II. Describe Congress’s power to impeach, and summarize presidential impeachment.and summarize presidential impeachment.

A. Impeach – to bring charges A. Impeach – to bring charges againstagainst– Andrew JohnsonAndrew Johnson– Bill ClintonBill Clinton– Perjury – lying under oathPerjury – lying under oath– Both were acquitted – found not guiltyBoth were acquitted – found not guilty

II. Describe Congress’s power to impeach, II. Describe Congress’s power to impeach, and summarize presidential impeachment.and summarize presidential impeachment.

B. Impeachment ProcessB. Impeachment Process– House of Representatives has the sole House of Representatives has the sole

power to impeach with a majority votepower to impeach with a majority vote– The accused is sent a subpoena – a legal The accused is sent a subpoena – a legal

court order to appear in court or to court order to appear in court or to produce documentsproduce documents

– Conviction requires 2/3 vote in the Conviction requires 2/3 vote in the SenateSenate



– Objective IIIObjective III

Identify Congress’s executive Identify Congress’s executive powers.powers.

III. Identify Congress’s executive III. Identify Congress’s executive powers.powers.

A. AppointmentsA. Appointments– All major appointments made by the All major appointments made by the

President must be confirmed by the President must be confirmed by the Senate by majority vote.Senate by majority vote.

B. TreatiesB. Treaties– The Senate may accept or reject a The Senate may accept or reject a

treaty as it stands, or it may decide to treaty as it stands, or it may decide to amend it.amend it.



– Objective IVObjective IV

Describe Congress’s Describe Congress’s investigatory power.investigatory power.

IV. Describe Congress’s investigatory power.IV. Describe Congress’s investigatory power.

A. Congress has the power to investigate A. Congress has the power to investigate any matter that falls within the scope of its any matter that falls within the scope of its legislative power, as long as it meets to:legislative power, as long as it meets to:

– 1) to gather information1) to gather information– 2) to oversee executive operations2) to oversee executive operations– 3) to focus public attention on an important 3) to focus public attention on an important

issueissue

Chapter 11 POWERS OF CONGRESS. Chapter 11 Section 1 The Scope of Congressional Powers –Objective I Identify the three types of congressional power.

Documents

power slide

congresss power

state power

national power

restrained slide

powers of congress

government slide

expressed powers of