Transcript CH. 11-Powers of Congress

CH. 11-Powers of Congress
Stephen Klobucar, Matt Tegt,
Elizabeth Fleig
6th Hour 4/6/06
Section 1- The Scope of
Congressional Powers
• Congress only has powers granted/given by the Constitution
• Congress cannot- create a national public school system, require
people to vote/attend church, set a minimum age for
marriage/drivers’ licenses, abolish jury trials, confiscate all
handguns, censor the content of newspaper/radio/television
• Congress can- do many things in three different waysExpressed Powers- in the specific wording of the Constitution
Implied Powers- by reasonable deduction from the expressed
powers
Inherent Powers- by creating a national government for the
United States
• The Framers– Strict Constructionists
• Led by Thomas Jefferson
• Insisted Congress should only be able to exercise its expressed
powers and those implied powers absolutely necessary to carry out
those expressed powers
– Liberal Constructionists
• Led by Alexander Hamilton
• Believed in a broad interpretation of the Constitution, has prevailed
throughout history
Section 2- The Expressed Powers
of Money and Commerce
• The Constitution gives Congress the power to tax, this was not
included in the Articles of Confederation
• Tax- a charge levied by the government on persons or property to
raise money to meet public needs
• Limitations of Taxing Power
– Only for public purposes, not for private benefit
– May not tax exports
– Direct Taxes, paid directly to the government by whom they are
imposed, must be apportioned among the States according to their
populations
– All indirect taxes must be levied at the same rate in every part of the
country
• The Constitution gives Congress the power to borrow on the credit
of the United States, there are no limits to the amount and no
restriction on the purpose
• Balanced Budget Act of 1997, Congress and President Clinton,
vowed to eliminate deficit financing by 2002
– Did so by 1998, continued in ’99,’00,’01
• Three Factors eliminated this progress
– Sharp downturn in the nation’s economy
– Major tax cut by President Bush and enacted in Congress in ’01,’02,’03
– The onset of war in Afghanistan and Iraq
• Congress has the power to regulate interstate and foreign trade
• Commerce Clause- gives Congress the power to regulate
Commerce with foreign Nations, and among the several States, and
with the Indian Tribes
• Gibbons v. Ogden, 1824
– Gibbons claimed the New York grant conflicted with the power of
congress to regulate commerce, the Court agreed
• Limits of the Commerce power
– Cannot tax exports
– Cannot favor the ports of one State of those of any other in the
regulation of trade
– Cannot require that “Vessels bout to, or from, one State, be obliged to
enter, clear, or pay duties in another
– Could not interfere with the slave trade (until 1808)
• Constitution gives Congress the power to coin money and regulate
the values thereof
• Also gives Congress the power to establish uniform laws on the
subject of Bankruptcies throughout the United States
Section 3- Other Express Powers
• Congress has the inherent power to act on matters affecting the
security of the nation
• War Power Resolution of 1973- claimed the power to restrict the use
of American forces in combat areas where a state of war does not
exist
• Congress has the power to establish an uniform rule of
naturalization
• Has the power to establish Post Offices and post Roads
– Established crimes based on this power- to obstruct the mail, use to
commit fraud, or committing any other crime
– Prohibits mail of many items- i.e.-firecrackers, knives
• Has power to promote the progress of Science and useful arts, by
securing for limited times to authors and inventors the exclusive right
to their respective writings and discoveries=copyrights
• Congress also has the power to fix the standard of weights and
measures- reflects the absolute need for accurate uniform gauges of
time, distance, area, weight, volume
– 1838-set English System as standard
• Congress has the power to acquire, manage, and dispose of federal
areas, includes eminent domain-the inherent power to take private
property for public use
• Judicial Powers- to create federal courts below the Supreme Court
and to structure the federal judiciary, to define federal crime and set
punishments for violators
Section 4- Implied Powers
• The basis for implied powers is found in one of the expressed
powers-The necessary and proper clause-gives the power to make
all laws which shall be necessary and proper for carrying into
execution the foregoing powers and all other powers vested by this
constitution in the government of the United States
– Often called “elastic clause”
• McCulloch v. Maryland, 1819
– A Maryland Law required federally chartered banks to use only a special
paper to print paper money, which amounted to a tax. James
McCulloch refused to use the paper claiming the States could not take
the Federal Government. The court declared the Maryland law
unconstitutional
Section 5- The Nonlegislative
Powers
• Congress may propose amendments by a two-thirds vote in each
house
• Congress may call a national convention of delegate from each of
the States to propose an amendment
• The House can be called to elect a President, if no candidate wins
the majority of electoral votes- Thomas Jefferson 1801 and John
Quincy Adams 1825
• The Senate must choose a Vice President under the same
circumstance-Richard M. Johnson 1837
• Congress must also confirm a successor by a majority vote in each
house if necessary- Gerald Ford in 1973 and Nelson Rockefeller in
1974 as Vice Presidents
• The Constitution provides that the President, Vice President, and all
civil officers of the United States may be removed from Office On
Impeachment for and Conviction of, Treason, Bribery, or other high
Crimes and Misdemeanors
– The House impeaches, or bring charges and the Senate sits as the
court in impeachment cases
• The Constitution gives two executive powers to the Senate
– All major appointments made by the president must be confirmed by a
Senate majority vote
– The President makes treaties by and with the Advice and Consent of
the Senate provide two thirds of the Senators present concur
• Congress has the power to investigate any matter that falls within
the score of its legislative powers-may do so to gather information
useful to Congress in the making of Legislation, oversee the
operation of executive branch agencies, focus public attention on a
particular subject, expose questionable activities of public officials,
and promote particular interests of some members of Congress
•
CH. 11 Sample Test Questions
•
1. If no presidential candidate wins a majority of the electoral votes, the President is
chosen in
A. the Senate
B. both houses of Congress.
C. the Supreme Court.
D. the House of Representatives.
•
2. Which of the following must approve presidential appointments?
A .the Senate
B. the House of Representatives
C. liberal constructionists
D. strict constructionists
•
3. To impeach means to
A. find guilty.
B. remove from power.
C. accuse or bring charges.
D. convict.
•
4. The expressed powers of Congress are
A.
B.
C.
D.
•
5. A charge levied to shield domestic industry against foreign
competition is called a(n)
A.
B.
C.
D.
•
implied in the Constitution.
those that Congress assumes in times of crisis.
stated directly in the Constitution.
given to Congress by the Supreme Court.
poll tax.
protective tariff.
corporate tax.
income tax.
6. Senatorial courtesy involves
A. allowing the House of Representatives to vote if the electoral college is
tied.
B. taxing for private benefit.
C. allowing certain information to be known in cases of bankruptcy.
D. turning down a presidential appointment if it is opposed by a senator
from the Presidents' party in the State involved.
•
7. Where does Congress get the power to set a minimum wage?
A. The Constitution gives Congress this power.
B. Congress has the power to regulate commerce, which implies this
power.
C. A court case established this power as an inherent power.
D. none of the above
•
8. A strict constructionist
A. believes that Congress has only those powers expressly granted by
the Constitution and the powers necessary to carry out the expressed
powers.
B. takes a broad view of the powers of Congress.
C. follows in the footsteps of Alexander Hamilton.
D. is likely to be a Democrat.
•
9. The commerce power of Congress allows it to
A.
B.
C.
D.
regulate trade and business.
set rules for naturalization.
set up federal courts.
borrow money.
•
10. The consensus of American opinion favors
A.
B.
C.
D.
•
11. Congress and the President share the power of
A.
B.
C.
D.
•
strict interpretation of the Constitution.
neutral interpretation of the Constitution.
no regard for the Constitution.
liberal interpretation of the Constitution.
taxing and commerce.
creating the monetary system.
regulating copyrights and patents.
declaring and waging war.
12. The first battle over the implied powers of Congress
was fought over the creation of a(n)
A.
B.
C.
D.
army.
direct tax.
national bank.
patent.
•
13. The power to issue a formal condemnation of a public official is
called
A.
B.
C.
D.
•
14. A store must accept U.S. dollar bills in payment because the
dollar bill is
A.
B.
C.
D.
•
impeachment.
perjury.
a subpoena.
censure.
hard money.
currency.
legal tender.
a form of eminent domain.
15. The implied powers of the government are based on
A.
B.
C.
D.
the Necessary and Proper Clause.
Article II of the Constitution.
McCulloch v. Maryland.
custom.
• ANSWERS- 1.D 2.A 3.C 4.C 5.B 6.D 7.B
8.A 9.A 10.D 11.D 12.C 13. D 14. C 15. A
Sources
• Magruder’s Text-Chapter 11
• http://www.phschool.com/atschool/Magrud
ers/2001/Student_Area/MAG_S_CHAP11
_index.html