Transcript Chapter 11: Powers of Congress

Chapter 11: Powers
of Congress
Bell Work: Grab books/folders
1st 5-7 Minutes
Grab chapter 11/12 essentials
Read Section 1 of essentials; answer 2
?s
3 Types of Powers
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Congress only has those powers delegated it by the
constitution
Powers given to congress in 3 manners: Read Part
A. Expressed
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B. Implied
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Explicitly; direct wording
Reasonably deduced from expressed powers
C. Inherent
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Powers delegated b/c it the legislative branch of a
sovereign govt.
Strict vs. Liberal
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Read Strict vs. Liberal (pg. 291-92)
Still conflict over constitution and how broad the
powers of congress should be
Strict: Anti-Federalists
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Led by Thomas Jefferson
Congress can only exercise expressed powers and
only implied powers ABSOLUTELY necessary to
carry out expressed powers
Most of powers to states
Strict vs. Liberal
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Liberal; Federalists
Led by Alexander Hamilton
 Liberal/broad interpretation of powers to
congress
 Strong national govt.
 Won out early on and has consistently
broadened as time went on
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Lesson Closing
Understanding the leg. Branch video
 On far back of HW Packet; this is part of your
HW grade for each Chapter

Complete #1-4 of Section 1 Review
 Read life skills and answer question at bottom
w/ sect. review
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“Exit Card” Read pg. 763-764 (Powers of
Congress) On colored sheet of paper.
List at least 5 powers granted Congress
 List at least 5 powers denied Congress
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Bell Work
Get books/folders
 Read Sect. 2 Essentials
 Answer 2 ?s
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Power to Tax
One of leading causes for the creation of
constitution
 Purposes
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Tax: Impose a charge on people/property in
order to fund public needs
• Indirect/Direct
Protective tariff to “protect” domestic industry
 Protect public health/safety
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• Done through licensing; Regulation of Drugs
Power to Tax
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Limits (4 Specific)
1. Tax only for public purposes
 2. May not tax exports
 3. Direct taxes must be apportioned among
the states
 4. All indirect taxes by Federal Govt must be
done at same rates
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Borrowing Power
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Article I, Section 8, Clause 2
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A. Relied on Deficit financing throughout years
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Spending more than it takes in each year
B. Led to Public Debt of over 5 trillion till 1999
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Gives congress the power to “borrow money on
the credit of the U.S.”
End of 99’-01 saw budget surpluses
What helped end this?
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Bush’s tax cuts and new war spending
Commerce Power
Power of congress to regulate interstate and
foreign trade. One of biggest shapers of early
U.S.
 A. Supreme Court decisions: Gibbons v. Ogden
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Read Gibbons v. Ogden section
 Why was it important?
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• B/c it led to “trade/commerce” being included in
transportation. This became an implied power!!
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B. Limitations
Cannot tax exports
 Cannot favor ports of one state over another
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Currency Power
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Art. I, Sect. 8, Clause 5
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A. Reasons
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Congress power to coin money and regulate its
value
Initially states had different currencies and
nothing had backing; a nat’l currency was
needed
B. 1863: first legal tender currency
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Any kind of money a creditor must by law
accept in payment for debts
Bankruptcy Power
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Art. I, Sect. 8, Clause 4
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Congress has the power to create uniform laws
on the subject of bankruptcy
A. Bankruptcy is the legal proceeding in
which the bankrupt’s assets are distributed
among those to whom a debt is owed
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The power to regulate is concurrent b.t. the
states and national govt.
Lesson Closing
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L-J #4
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#25-35
Sect. Review #1-4
 Look over/Answer Caption on pg. 299
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Bell work: Section 3
Grab books
 Get work stuff ready
 Read/answer Section 3 essentials
 Be ready for L-J#2
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Review
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What’s the difference b.t. a direct/indirect tax
 Direct: Paid by person imposed on (property)
 Indirect: Tax paid by one person then passed on to another
(Tobacco tax)
What was the purpose of the coining money power?
 B/c states had weak separate currencies
Differences in expressed/Implied/Inherent
 Expressed stated directly
 Implied needed to conduct expressed
 Ones that are traditionally held by nat’l govts.
Compare Strict vs. Liberal constructionists
 Strict: Congress gets only expressed and needed implied
 Liberal: liberal interpretation to give add’l powers needed to
congress
Foreign Relations Powers
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Sources
Various expressed powers: War powers and
foreign commerce
 Lawmaking body of a sovereign state
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• Can act on matters that affect the security of the
nation
• Immigration and terrorism at home and world-wide
War Powers
8 Powers given congress to deal w/ war and
nat’l defense; share w/ president
 Sharing w/ president b/c constitution named him
commander in chief of nation’s armed forces
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Congress Still has many important powers
 Power to declare war, support armies,
provide/maintain a navy.
 Can call for a “militia” and
organize/arm/discipline it
 Limit combat in areas where war does not exist
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Other expressed powers
These powers have a more direct influence on
the daily lives of Americans
 A. Naturalization/Postal
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Congress can est. uniform law on naturalization
 Power to est. post offices/post roads
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• (All U.S. roads/railways/waters)
• Implied power to est. number of crimes based on
postal power
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B. Copyrights/Patents
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Promotes arts/sciences through copyrights and
patents
Other Expressed powers
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C. Weights/Measures
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Power to “fix the standard of weights/measures”
English system of pound, foot, gallon, etc.
Also recognizes metric system
D. Territories/Judicial Powers
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Congress can acquire, manage, and dispose of various
federal lands (parks, military areas, etc.)
• Also has power of eminent domain (private for public)
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Part of Checks/Balances: Create all federal courts below
supreme court and define federal crimes and
punishments
Lesson Closing
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Sect. 3 Assessment
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Pg. 304: 1-3 Concept on pg. 302
Create a cartoon/drawing that
displays one/two of the powers given
to congress from sect. 3
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Use small sheets;
Bell Work
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Bell Work
Get out work
 Turn in Cartoons
 Read Section 4 of Essentials
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• Answer 2 Questions
Implied Powers
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What is the necessary and proper clause?
Constitutional basis for the wide ranging
implied powers of today
 Congress has the power to “make all laws
which shall be necessary and proper for the
execution of the listed expressed powers
 Often called “Elastic Clause” b/c it has been
stretched to cover so much over the years
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Implied Powers
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What did it do?
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Sparked the debate over how the constitution should
be interpreted
Strict vs. Liberal
What were some key developments
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Read McCulloch v. Maryland What did it do?
• Gave sweeping approval to the liberal view of broad implied
powers
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Doctrine of Implied powers
• Doctrine: principle policy
• Idea that implied powers are proper and useful if reasonably
drawn form the expressed powers
Section 5
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Congress’s role in amendments
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Stated in Article V: Can propose an amendment by a
2/3’s vote in each house
Can also propose by calling a nat’l convention of
delegates from each state (@ request of 2/3 states)
Congressional Role in elections: from constitution
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12th Am: House called to elect president if no majority
• Senate for VP in similar situation
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Vote to approve successor if vacancy in VP
• Done twice
Lesson Closing
L-J #3
 Sect. 4 Review #1-3
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Answer caption on pg. 308 not 307
 Frontline Video: NOW: Borderfence
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Bell Work
Get Book and work materials
 Read Section 5 Essentials and answer 2 ?s
 L-J#4 #20-40
 Be ready for Section 5 Notes/Lecture
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Impeachment: Accuse/charge
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President, VP, and all civil officers may “be removed
from office on impeachment”
A. House has the sole power to impeach or accuse.
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B. Senate has sole power to try (judge) cases
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Conviction requires 2/3s vote
C. 17 Impeachments, 7 convictions
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Requires a majority vote by house
2 Impeachments 0 convictions of Presidents
“Popcorn” Read 3 Presidents involved in process
Executive Powers
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Constitution gives 2 Executive powers to senate
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Appointments and treaties
Appointments
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Confirm all major appointments made by pres.
• Done w/ majority vote; rarely denied
• How many needed then?
• 51
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President makes treaties “by and w/ the advice
and consent of the senate
• Senate may accept, reject, or make amendments
Investigatory Powers
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Power to investigate any matter that falls w/in
the scope of its powers
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Reasons
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Gather info for legislation
Oversee executive agencies
Focus public attention on a subject: drugs, violence
Expose activities of public officials
Promote interests of members of congress
Lesson Closing
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Section Review ?s
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#1-4 and concept on pg.312
Review
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Quiz Tomorrow
Review: #1-15
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Main Ideas
• #16, 19-21, 23, 26-27, 30,31
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Know these and if turned in completed
review = Extra credit!!
Due tomorrow as part of HW Grade
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Sect. Reviews #1-5, and Completion grade
on Essentials