ch 11.2 & 11.3 expressed powers of congress. the power to tax tax- a charge levied by government...

CH 11.2 & 11.3Expressed Powers

of Congress

The Power to Tax

Tax- a charge levied by government on persons or property to meet public needs

The Constitution gives Congress the power to tax in order to meet public needs, protect domestic industry, or protect public health and safety.

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

Congress may not tax exports.

Two Types of Tax Direct Tax- one that must be paid by the

person on whom it is imposed. Ex: ownership of land or buildings

Indirect Tax- one first paid by one person but then passed on to another.

Ex: tobacco companies

Direct taxes must be divided among the states according to their population. (Income tax being the exception.)

Congress has not done this since 1861

The Power to Borrow Congress may borrow more than it collects.

public debt - all of the money borrowed by the Fed. Government over the years that has not yet been repaid + interest.

The Federal Government regularly practices deficit financing- spending more than it takes in each year.

The Outstanding Public Debt as of 31 Mar 2008 at 08:26:00 PM GMT is:

$9,418,412,310,192.11The estimated population of the United States is 303,722,820

so each citizen's share of this debt is $31,009.89.

The Commerce Power

Congress may regulate interstate and foreign trade.

Gibbons v. Ogden (1824)

The Supreme Court ruled that the power to regulate commerce included all commercial intercourse between states and nations.

The commerce power implies many others

Congress has the power to issue money and regulate its value.Since it was founded, the U.S. has been

issuing coins in gold, silver, and other metals.Paper money was first issued in 1791- There

was question as to whether this was legal tender.

Legal tender- any kind of money that a creditor must by law accept as payment for debts.

The Currency Power

Bankruptcy Congress has the power to establish uniform

bankruptcy laws.

A Bankrupt individual is one whom a court has found to be unable to pay his or her debts in full. Bankruptcy is the legal proceeding in which the bankrupt’s assets are distributed among those to whom a debt is owed.

Both the state and national government have the power to regulate bankruptcy.

Foreign Relations and War Powers Foreign Relations Powers

Congress has the power to deal with foreign states and shares these powers with the President.

War PowersCongress may

declare war raise and support armies and a navy make rules governing the land and naval forces call for militias grant letters of marque and reprisal and make

rules concerning captures on land and water.

Naturalization Congress has the power to make citizens of

another country citizens of the U.S. and establish the procedures for them to do so.

The Postal Power Congress has the power to

establish post offices and post roads.

Copyrights and Patents Congress grants rights over

publications and inventions.

Copyright- the exclusive right of an author to reproduce, publish, and sell his or her creative work.

Good for life of author + 70 yearsNot enforced by the Copyright office, however, the owner may sue for damages in Fed. court.

Copyrights and Patents Congress grants rights over

publications and inventions.

Patent- grants a person the sole right to manufacture, use, or sell “any new and useful art, machine, manufacture, or composition of matter, or any new and useful improvement thereof.”

Good for up to 20 yearsMay only be extended by special act of Congress

Weights and Measures Congress has the

power to fix the standards of weights and measures in the country

Territories and Other Areas Congress has the power to acquire, manage,

and dispose federal areas.

Congress may acquire land by purchase, gift, or eminent domain – the power to take private property for public use

Judicial Powers Congress has the

authority to create federal courts below the Supreme Court.

CH 11.4 Implied Powers

of Congress

The Necessary & Proper Clause States that Congress has the power to

make all laws necessary to carry out enumerated powers.

This clause is the source of Congress’ implied powers.

Also called the “Elastic Clause” because it has allowed Congress to stretch it’s powers.

McCulloch v. Maryland (1819)- The Supreme Court strengthened the idea that implied powers were necessary to conduct government for the benefit of the people (liberal construction)

In practice today “necessary and proper” is generally interpreted as “convenient and useful,” as long as the implied powers have their basis in expressed powers.

The Battle Over Implied Powers

Examples The power to raise an army and navy

Implies: the power to establish other military branches and to draft men into service.

The taxing power Implies: the power to make tax evasion a

crime and provide for its punishment.

The commerce power Implies: the power to fix minimum wages and

maximum work hours.

CH 11.4

Nonlegislative Powersof Congress

Constitutional Amendments

Congress has the power to propose amendments to the Constitution by a 2/3 vote in each house.

Congress may call a national convention to propose an amendment.

Electoral Duties

If no Presidential Candidate receives a majority of the electoral votesVoting by state, the House will elect the new

President.The Senate will elect the Vice President

The 25th Amendment also says that in order to fill a vacancy in the vice presidency, the President should nominate a successor, subject to a majority vote by both houses.

Impeachment

The House has the sole power to impeach- bring charges against

The Senate has the sole power to judge- sit as a court- in impeachment cases.

The President, Vice President, and all civil officers of the United States may be removed from office on impeachment for, and the conviction of, treason, bribery, or other high crimes and misdemeanors.

Executive Powers The Senate must confirm all

major appointments made by the President.

“senatorial courtesy”

The Senate must confirm all treaties made by the President.

Investigatory Powers Congress has the power to investigate

matters related to its legislative powers.

Congress may choose to conduct an investigation for five reasons.

To gather info. Useful to Congress

To oversee operations of the executive branch

To focus public attention on an issue

To expose questionable activities of public officials

To promote the interests of some members of Congress.

PowersDenied to Congress

Congress May Not…

Deny any rights listed in the Bill of Rights

Suspend the writ of habeas CorpusWrit of habeas corpus- a court

order to release a person accused of a crime to a court in order to determine whether he or she has been illegally detained.

Pass bills of attainderBills of attainder- laws that

establish guilt and punish people without a trial

Congress May Not…

Pass ex post fact lawsEx post facto laws- laws that

make crimes of acts that were legal when they were committed.