The Scope of Congressional Powers Chapter 11 Section 1.

The Scope of The Scope of Congressional PowersCongressional Powers

Chapter 11 Section 1Chapter 11 Section 1

Congressional PowerCongressional Power

Congress has only those powers Congress has only those powers delegated to it and not specifically denied delegated to it and not specifically denied to it by the Constitution.to it by the Constitution.

Congress has expressed, implied, and Congress has expressed, implied, and inherent powers.inherent powers.

Congress does not have and may not Congress does not have and may not exercise any of the reserved powers.exercise any of the reserved powers.

Pg 92. (power given to the states)Pg 92. (power given to the states)

Strict Versus Liberal Strict Versus Liberal ConstructionConstruction

Strict constructionists believe Congress should Strict constructionists believe Congress should exercise only its expressed powers and those exercise only its expressed powers and those implied powers absolutely necessary to carry implied powers absolutely necessary to carry out those expressed powers.out those expressed powers.

Liberal constructionists believe in a broad Liberal constructionists believe in a broad interpretation of powers given to Congress, an interpretation of powers given to Congress, an interpretation that has extended the powers of interpretation that has extended the powers of the Federal Government far beyond the plans the Federal Government far beyond the plans of the original Framers of the Constitution.of the original Framers of the Constitution.

Test QuestionTest Question

Those who favored a broad interpretation Those who favored a broad interpretation of the constitutional powers given to of the constitutional powers given to Congress were known asCongress were known as

a. a. liberal constructionists.liberal constructionists. ..

b. b. strict constructionists.strict constructionists.

c. c. Anti-FederalistsAnti-Federalists

d. d. Jeffersons.Jeffersons.

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

Chapter 11 Sect. 2Chapter 11 Sect. 2

Test QuestionTest Question

The powers of Congress are affected by The powers of Congress are affected by all of the following EXCEPTall of the following EXCEPT

a. what the Constitution expressly says a. what the Constitution expressly says Congress may do.Congress may do.

b. what the Constitution says only the b. what the Constitution says only the States may do.States may do.

c. what the States’ constituents say c. what the States’ constituents say Congress may do.Congress may do.

d. what the Constitution is silent about. d. what the Constitution is silent about.

The Power to Tax The Power to Tax

Tax-a charge levied by government on a Tax-a charge levied by government on a person/propertyperson/property

Article I, Section 8, Clause I of the Article I, Section 8, Clause I of the Constitution gives Congress the power to Constitution gives Congress the power to tax in order to meet public needs, protect tax in order to meet public needs, protect domestic industry, or protect public domestic industry, or protect public health and safety. (tax on foreign cars)health and safety. (tax on foreign cars)

There are four explicit limitations on the There are four explicit limitations on the power to tax. power to tax.

Test Question Test Question

Which of the following powers could Which of the following powers could Congress use to help protect American Congress use to help protect American car makers from foreign competition?car makers from foreign competition?

a. a. the currency powerthe currency power

b. b. the power of eminent domainthe power of eminent domain

c. c. the power to borrowthe power to borrow

d. d. the power to taxthe power to tax

-Congress may tax only for public purposes, -Congress may tax only for public purposes, not for private benefit.not for private benefit.

-Congress may not tax exports.-Congress may not tax exports.

-Direct taxes must be divided among the -Direct taxes must be divided among the States according to their populations.States according to their populations.

-All indirect taxes must be levied at the -All indirect taxes must be levied at the same rate in all parts of the country.same rate in all parts of the country.

enable the nation to pay for its common enable the nation to pay for its common defense and general welfare, Congress defense and general welfare, Congress is given this power.is given this power.

The Power to BorrowThe Power to Borrow

Congress may borrow to finance its Congress may borrow to finance its business.business.

The Federal Government spends more The Federal Government spends more than it collects.than it collects.

No restrictions on amount and purpose.No restrictions on amount and purpose.Limit to spending is set by Congress.Limit to spending is set by Congress.Federal deficit is 17 TrillionFederal deficit is 17 Trillion

The Commerce PowerThe Commerce Power

Congress may regulate interstate and Congress may regulate interstate and foreign trade.foreign trade.

In In Gibbons Gibbons v. v. Ogden, Ogden, 1824, the Supreme 1824, the Supreme Court ruled that the power to regulate Court ruled that the power to regulate commerce included all commercial commerce included all commercial intercourse between States and nations.intercourse between States and nations.

Test QuestionTest Question

The Supreme Court ruling in The Supreme Court ruling in Gibbons Gibbons v. v. OgdenOgden

a. Expanded the currency power by including a. Expanded the currency power by including paper money as legal tender.paper money as legal tender.

b. b. Expanded that power to tax by allowing a tax Expanded that power to tax by allowing a tax on incomes.on incomes.

c. Expanded the commerce power to include all c. Expanded the commerce power to include all commercial interactions.commercial interactions.

d. Expanded the power over territories to include d. Expanded the power over territories to include the taking of private property.the taking of private property.

Expanded the commerce power to Expanded the commerce power to include all commercial interactions.include all commercial interactions.

The commerce power implies many The commerce power implies many other powers.other powers.

The commerce power is limited( in The commerce power is limited( in theory).theory).

Since 1789, Supreme Court rulings have Since 1789, Supreme Court rulings have been key to broadening the scope of this been key to broadening the scope of this expressed power.expressed power.

The Commerce Clause entitles Congress The Commerce Clause entitles Congress to?to?

A. tax Minnesota’s wheat exports to Russia.A. tax Minnesota’s wheat exports to Russia.

B. regulate airline routes in New England.B. regulate airline routes in New England.

C. require Texas oil tankers to dock and pay C. require Texas oil tankers to dock and pay duties in Louisiana.duties in Louisiana.

D. give San Francisco the exclusive right to D. give San Francisco the exclusive right to receive cargo ships from Japan.receive cargo ships from Japan.

Test QuestionTest Question

Since 1789, Supreme Court rulings have Since 1789, Supreme Court rulings have been key to broadening the scope of been key to broadening the scope of which expressed power?which expressed power?

a. a. the postal powerthe postal power

b.b. the power to tax the power to tax

c. c. the commerce powerthe commerce power

d. d. eminent domaineminent domain

The Currency PowerThe Currency Power

Congress has the power to issue money Congress has the power to issue money and regulate its value.and regulate its value.

In 1871, the Supreme Court held that In 1871, the Supreme Court held that paper money was legal tender.paper money was legal tender.

BankruptcyBankruptcy

Congress had the power to establish Congress had the power to establish uniform bankruptcy laws.uniform bankruptcy laws.

The power to regulate bankruptcy is The power to regulate bankruptcy is concurrent.concurrent.

to establish uniform procedures for to establish uniform procedures for dealing with insolvent debtorsdealing with insolvent debtors

Test QuestionTest Question

For what purpose does the Constitution For what purpose does the Constitution give Congress the power to regulate give Congress the power to regulate bankruptcy?bankruptcy?

a. to finance projects that current revenues a. to finance projects that current revenues cannot covercannot cover

b. to establish uniform procedures for b. to establish uniform procedures for dealing with insolvent debtorsdealing with insolvent debtors

c. to coin money and regulate its valuec. to coin money and regulate its valued. to act on matters affecting the nation’s d. to act on matters affecting the nation’s

Other Expressed PowersOther Expressed Powers

Chapter 11 Section 3Chapter 11 Section 3

Foreign Relations and War Foreign Relations and War PowersPowers

Foreign Relation Powers-Congress has Foreign Relation Powers-Congress has the power to deal with foreign states and the power to deal with foreign states and share these powers with the President.share these powers with the President.

War Powers-Congress may declare war, War Powers-Congress may declare war, raise and support armies and a navy, raise and support armies and a navy, make rules governing the land and naval make rules governing the land and naval forces, call for the militias, and grant forces, call for the militias, and grant letters of the marque and reprisal.letters of the marque and reprisal.

Additional Powers of CongressAdditional Powers of Congress

Naturalization-Congress has the power to Naturalization-Congress has the power to make citizens.make citizens.

The Postal Power-Congress has the The Postal Power-Congress has the expressed power to establish post offices expressed power to establish post offices and post roads.and post roads.

Copyrights and Patents-Congress grants Copyrights and Patents-Congress grants rights over publication, and inventions.rights over publication, and inventions.

Weights and Measures-Congress has Weights and Measures-Congress has the power to fix the standards and the power to fix the standards and weights and measures in the country.weights and measures in the country.

Power over Territories and Other Areas-Power over Territories and Other Areas-Congress has the power to acquire, Congress has the power to acquire, manage, and dispose of federal areas.manage, and dispose of federal areas.

(eminent domain) The power to (eminent domain) The power to take private property for public use.take private property for public use.

Which of the following is NOT a constitutional Which of the following is NOT a constitutional method by which Congress may acquire method by which Congress may acquire propertyproperty

A. taking private property without just A. taking private property without just compensationcompensation

B. purchasing private propertyB. purchasing private propertyC. accepting private property as a giftC. accepting private property as a giftD. acquiring land from foreign states in treatiesD. acquiring land from foreign states in treaties

Judicial Powers-Congress has the authority to Judicial Powers-Congress has the authority to create federal courts below the Supreme create federal courts below the Supreme Court.Court.

Which of the following judicial powers does Which of the following judicial powers does Congress NOT have?Congress NOT have?

A. the power to create federal courtsA. the power to create federal courtsB. the power to override Supreme Court decisions B. the power to override Supreme Court decisions

by majority voteby majority voteC. the power to provide for the punishment of C. the power to provide for the punishment of

those who violate federal lawthose who violate federal lawD. the power to define federal crimesD. the power to define federal crimes

The Implied PowersThe Implied Powers

Chapter 11 Section 4Chapter 11 Section 4

The Necessary and Proper The Necessary and Proper ClauseClause

This clause is the source of congressional This clause is the source of congressional implied powers.implied powers.

The clause states that Congress has the power The clause states that Congress has the power “to make all laws which shall be necessary and “to make all laws which shall be necessary and proper for carrying into execution the foregoing proper for carrying into execution the foregoing [expressed] powers.”[expressed] powers.”

The clause has been called the “Elastic Clause” The clause has been called the “Elastic Clause” because it has allowed Congress to stretch its because it has allowed Congress to stretch its powers.powers.

The Battle over Implied PowersThe Battle over Implied Powers

The battle over the meaning of the clause The battle over the meaning of the clause caused a conflict between Hamilton and caused a conflict between Hamilton and Jefferson (between liberal and strict Jefferson (between liberal and strict constructions).constructions).

McCulloch v. Maryland, 1819-The Supreme McCulloch v. Maryland, 1819-The Supreme Court backed Hamilton’s views and Court backed Hamilton’s views and strengthened the notion that implied powers strengthened the notion that implied powers were necessary to conduct government for the were necessary to conduct government for the benefit of the people.benefit of the people.

The Doctrine in Practice-Today “necessary The Doctrine in Practice-Today “necessary and proper” is generally interpreted as and proper” is generally interpreted as “convenient and useful,” as long as the “convenient and useful,” as long as the implied powers have their basis in the implied powers have their basis in the expressed powers.expressed powers.

The Necessary and Proper Clause is The Necessary and Proper Clause is interpreted most liberally today when interpreted most liberally today when applied to tax and commerce powers.applied to tax and commerce powers.

Test QuestionTest Question For what reason did the Framers include the For what reason did the Framers include the

Necessary and Proper Clause in the Necessary and Proper Clause in the Constitution?Constitution?

A. to empower Congress to pass laws needed to A. to empower Congress to pass laws needed to carry out the expressed powerscarry out the expressed powers

B. to limit congressional powers to those B. to limit congressional powers to those expressly stated in the Constitution expressly stated in the Constitution

C. to define the scope of the inherent powers on C. to define the scope of the inherent powers on CongressCongress

D. to set forth those powers considered necessary D. to set forth those powers considered necessary to the Statesto the States

The Nonlegislative PowersThe Nonlegislative Powers

Chapter 11 Sections 5Chapter 11 Sections 5

Electoral DutiesElectoral Duties

The House may be called onto to elect a The House may be called onto to elect a President if no candidate receives a President if no candidate receives a majority of electoral votes. majority of electoral votes.

Under the same circumstances, the Under the same circumstances, the Senate may be called on to elect a Vice Senate may be called on to elect a Vice President.President.

Constitutional AmendmentsConstitutional Amendments

Congress has the power to propose Congress has the power to propose amendments to the constitution by two-amendments to the constitution by two-thirds vote in each house.thirds vote in each house.

Congress may call a national convention Congress may call a national convention to propose an amendment.to propose an amendment.

ImpeachmentImpeachment

The House has sole power to vote articles The House has sole power to vote articles of impeachment, or removal, of the of impeachment, or removal, of the President, Vice President, and all other President, Vice President, and all other civil officers of the United States.civil officers of the United States.

The Senate has sole power to conduct a The Senate has sole power to conduct a trial of those impeached by the house.trial of those impeached by the house.

Impeachment by majority in HouseImpeachment by majority in House Impeachment by 2/3 in SenateImpeachment by 2/3 in Senate

Test QuestionTest Question

In order to bring charges against the In order to bring charges against the President or Vice President for President or Vice President for misconduct in office, the House of misconduct in office, the House of Representatives is givenRepresentatives is given

a. a. executive powers.executive powers.

b.b. the power to impeach. the power to impeach.

c. c. investigatory power.investigatory power.

d. d. electoral duties.electoral duties.

Executive PowersExecutive Powers

The Senate must confirm all major The Senate must confirm all major appointments made by the President.appointments made by the President.

The Senate must confirm all treaties made The Senate must confirm all treaties made by the President.by the President.

Test QuestionTest Question

All treaties must be approved by a two-All treaties must be approved by a two-thirds vote ofthirds vote of

a. the Senate.a. the Senate.

b. the House b. the House

c. c. both houses in Congress.both houses in Congress.

d. d. the Supreme Court.the Supreme Court.

Investigatory PowerInvestigatory Power

Congress holds the power to investigate Congress holds the power to investigate matters related to its legislative powers.matters related to its legislative powers.

Congress may choose to conduct an Congress may choose to conduct an investigation for five reasons.investigation for five reasons.

Test QuestionTest Question

Congress is given investigatory powers in Congress is given investigatory powers in order toorder to

a. examine matters related to its lawmaking a. examine matters related to its lawmaking powers.powers.

b. approve or reject major appointments b. approve or reject major appointments made by the President.made by the President.

c. bring charges of misconduct against the c. bring charges of misconduct against the President or Vice President.President or Vice President.

d. propose constitutional amendments.d. propose constitutional amendments.

To gather information useful to CongressTo gather information useful to CongressTo oversee operations of the executive To oversee operations of the executive

branchbranchTo focus public attention on an issueTo focus public attention on an issueTo expose questionable activities of public To expose questionable activities of public

officialsofficialsTo promote the interests of some To promote the interests of some

members of Congressmembers of Congress

Test QuestionTest Question

All of the following are examples of the All of the following are examples of the nonlegislative powers of Congress EXCEPTnonlegislative powers of Congress EXCEPT

a. using “senatorial courtesy” to block the a. using “senatorial courtesy” to block the appointment of a federal marshal.appointment of a federal marshal.

b. gathering information about a national health-b. gathering information about a national health-care system.care system.

c. electing a President when no candidate wins a c. electing a President when no candidate wins a majority of electoral votesmajority of electoral votes

d. ratifying a proposed constitutional amendment d. ratifying a proposed constitutional amendment to balance the budget.to balance the budget.