Thursday 10/8

RAP• Explain the difference between expressed powers and implied

powers?

Today:• CE• Mr. Smith Goes to Washington

Friday 10/9

RAP• Who is the Governor of Arizona?• Who is the Superintendent of the Amphi School district?

Today:• Mr. Smith Goes to Washington

Monday 10/19• RAP

• What did you do over break?

• What is the procedure to replace a Senator if he/she; dies, resigns or assumes another position (usually an elected or appointed government position) while still in office?

• 17th amendment not only changed how Senators are to be elected (direct election by popular vote) but it also outlined how Senate vacancies are to be filled:

The governor of the state makes the appointment. Some states require a special election to fill a vacancy. A few states require the governor to appoint a replacement of the same political party (Arizona and Hawaii) as the previous incumbent. Typically, a replacement holds office until the next scheduled statewide election.

Today:• Finish “Mr. Smith Goes to Washington” -- vocabulary• Review Ch. 11 : Powers of Congress• Powers of Congress in the Constitution handout• Begin reading and completing your notes on Ch. 12.

Vocabulary for Mr. Smith Goes to WashingtonPlease write these words and the definitions down in your notes.Thank you.

Political machine: a group that controls the activities of a political party; "he was endorsed by the Democratic machine"

Graft: a bribe. A person profits personally from the public budget; political bribery.

Filibuster: A device, used only in the Senate, to delay or prevent a vote by time-consuming talk. It can be stopped only by a 60-member vote of the senators present and voting (Cloture)

Quorum: minimum number of members necessary to conduct business.

Deficiency Bill: a legislative bill appropriating (legislature authorizing money) supplementary (extra) funds ($) to meet a deficiency (shortage).

Constituency: the body of voters who elect a representative for their area.

Ch. 11.1– The Scope of Congressional Powers• Typical day of Congress

• Consider bills dealing with many issues• Committee hearings

• Debating aid to foreign countries• Nominations by the President• Etc.

Congressional Power• Expressed powers: powers explicitly in the Constitution.• Implied powers: powers not in the Constitution, but by reasonable

deduction from the expressed powers.• Inherent powers: by creating a national government of the US you

have these powers.

Strict v. liberal Construction• Strict constructionists:

• Thomas Jefferson, argued the Anti-Federalist position, which insisted that Congress should be able to exercise only• Its expressed powers and • Those implied powers absolutely necessary to carry out those expressed powers.

• Remember they wanted the States to keep as much power as possible.

• Most Anti-Federalists did understand the need for certain protections, like• Interstate trade• Strong national defense

• Liberal constructionists:• Alexander Hamilton, a Federalist and the leader of the liberal constructionists, believed the country needed a

strong federal government.• Liberal constructionists won the early years, and have set a pattern over the years for a strong National

government.• Factors that have enabled the growth of power in the national government are

• Wars• Economic crisis• Other national emergencies.• Demand of Americans for more and more services

• American people have generally agreed with this growth.• This consensus, or agreement, by the American people has given power to the Congress, President,

and Supreme Court.

Ch. 11.2 The Expressed Powers of Money

and Commerce• Most of the expressed powers of Congress are found in Article I, Section 8 of

the Constitution.• The Power to Tax

• Congress has the power to lay and collect taxes…• Tax is a charge levied by government on persons or property to meet public needs.• Limits on the taxing power

• Congress may only tax for public purposes, not for private benefit.• Congress may not tax exports• Direct taxes must be apportioned among the States, according to their populations

• Direct tax is paid by the person on whom it is imposed; an income tax• Indirect tax is one first paid by one person but then passed on to another. (example?)

• Look at the graph on page 295—answer the questions below it.• Look at the comparative Government graph on page 296-answer the question.

Borrowing power• Deficit financing: spending more than you take in each year and

borrowing to make up the difference.• Used this to deal with the Great Depression, to raise money for WWII and to

fund wars and social programs• The government’s books did not show a surplus in any year from 1969 to

1998.• Public debt rose to more than $5.5 trillion at the beginning of 1999.

• Public debt- all of the money borrowed by the government over the years and not yet repaid.

Commerce Power

• Commerce power: the power of Congress to regulate interstate and foreign trade-vital to the welfare of the nation.

• Weak Congress under the A o C, which led to bickering amongst the states.

• The Commerce Clause was written into the Constitution by the Framers giving Congress power to regulate commerce with foreign nations, and among the states, and Indian reservations.

• Proved to be responsible for the building of a strong and United States.

Gibbons v. Ogden, 1824: • Clash over the regulation of steamboats.• The Supreme Court ruling dealt a blow to steamboat monopolies.• Many steamboat operators were freed from strict State regulations.• Commerce clause has brought an extension of federal authority into many areas in American

life• Civil Rights Act of 1964: prohibits discrimination in access to or service in hotels, motels, etc.

• Limits on the Commerce Power• Supreme Court struck down the Gun-Free School Zone Act of 1990 in United States v. Lopez, 1995.

• Act made it a federal crime for anyone other than a police officer to possess a firearm in or around a school.• Supreme Court held that Congress in this case had invaded the reserved powers of the States.

• FOUR LIMITS:• Cannot tax exports• Cannot favor the ports of one State over those of any other in the regulation of trade• Cannot require that “Vessels bound t, or from, on State, be obliged to enter, clear or pay Duties in another• Could not interfere with the slave trade, at least not until the year 1808.

The Currency Power and the bankruptcy power• Legal tender is any kind of money that a creditor must by law accept

in payment for debts.• Congress did not create a national paper currency, and make it legal tender,

until 1861.

• Bankruptcy is the legal proceeding in which the bankrupt person’s assets are distributed among those to whom a debt is owed.

• This frees the bankrupt person from legal responsibility for debts acquired before bankruptcy.

• Look at the graph on page 300—answer the question below it.

Ch. 11.3 Other Expressed Powers• Foreign relations powers:

• Congress shares power in this area with the President, who is primarily responsible for the conduct of relations with other nations.

• Congress has two sources of power:• From expressed powers– war powers and the power to regulate foreign commerce• From the fact that the US is a sovereign state in the world community.

• Congress has the inherent power to act on matters affecting the security of the nation.

• War powers:• Eight of the expressed powers given to Congress deal with war and national defense. Article 1 Sec. 8, clause

11 thru 16• The President is commander and chief of the armed forces, and dominates the field.• Congress may declare war.• Power to raise and support armies• provide for and maintain a navy• Make rules pertaining to the governing of land and naval forces• Power to provide for organizing, arming, and disciplining it• Etc.

• War Powers Resolution of 1973, Congress claimed the power to restrict the use of American forces in combat in areas where a state of war does not exist. (we will discuss it more in later chapters)

Other Expressed powers• Naturalization:

• Process by which citizens of one country become citizens of another.• Article 1, sec. 8, clause 4 gives Congress the exclusive power to establish an uniform Rule of

Naturalization.

• Postal Power:• Establish post offices and post roads.

• All routes—water, air, etc.• Benjamin Franklin credited with the founding of the postal service.• Crimes

• Obstruct the mail• Commit any fraud• Use the mails in the committing of any other crime• Prohibits mailing

• Firecrackers, switchblade knives, etc.• Chain letters• Obscene materials

Copyrights and patents• Copyright: the exclusive right of an author to reproduce, publish, and sell his

or her creative work.• May be transferred by contract to another—publishing firm

• 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 years.• May be extended only by a special act of Congress

• Department of Commerce administers patent laws. Implied power to protect trademarks.• Look at the chart on page 303—answer the questions below it.

Power over territories and other areas• Eminent domain: the inherent power to take private property for public use.• Look at the map on page 304—answer the two questions below it.

Judicial Powers• Congress has several judicial powers

• Expressed power to create all of the federal courts below the Supreme court and to structure the federal judiciary.

• Has the power to define federal crimes and set punishment for violators of federal law.• Counterfeiting• Piracies and felonies on the high seas• Offenses against the law of nations• treason

Ch. 11.4 Implied Powers

• Appropriates– Congress is able to appropriate, or assign a particular use, more than $30 billion a year for the US Department of Education.

• Necessary and Proper clause:• Gives Congress 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 the Constitution of the US

• Congress and the Supreme Court have interpreted and applied this over the years.

• Has also been called the “Elastic Clause”

Battle over implied powers

• Hamilton wanted to set up a National Bank• Jefferson and strict constructionists believed the Constitution did not give

power to the national government to create a National Bank.• Hamilton and other liberal constructionists looked to the Necessary and

Proper Clause.• It gave implied powers thru the expressed powers to create a national bank.• Congress established the Bank of the US in 1791; was to expire in 1811.

• 1816, the second Bank of the U.S.• McCulloch v. Maryland, 1819

• Opponents of the bank tried to get states to help stop the bank charter.• Supreme Court ruled in favor of Congress– based on the “necessary and proper” clause –

• Implied powers.

Implied Powers • Doctrine: a principle or fundamental policy.

• Doctrine of implied powers has been applied in instances almost too numerous to count.

• Some today say “necessary and proper” are really “convenient and useful.”• Use it when applying power to interstate commerce and the power to tax, but does not

have authority to do anything that seems to promote the “general welfare” or be in the “public interest.”

Look at the chart on page 308 and complete the bolded assignment at the end.

Tuesday 10/20

• RAP• What is the difference between expressed powers and implied powers for

Congress?

• Today:• Complete powers of Congress worksheet• Finish reviewing Ch. 11

Wednesday 10/21• RAP• Who has the power in congress to…

• Propose amendments?• Both house and senate

• Sole power of impeachment?• House

• Sole power to try all impeachments?• Senate

• Borrow money on the credit of the US• Both

• Today:• CE • Complete power of Congress• Review Ch.11 –turn in• Denied powers worksheet

Today --Finish

• Please open your textbook to page 760• With the person next to you please look at the powers of congress in the

Constitution and write the location of the power you found.• Article, section, paragraph

• Then, write who has the power• House• Senate• Both

• We will go over this in 30 minutes;• If you finish before we review, please work on Ch. 11 – due tomorrow or Ch. 12 if you

have completed Ch. 11.

Ch. 11.5 The Non-legislative Powers

• Article V gives Congress the power to propose amendments by a two-thirds vote in each house.

• Recently, several State legislatures have petitioned Congress in behalf of amendments that would require

• that Congress balance the federal budget each year• prohibit flag burning• permit prayer in the public schools• Outlaw abortions• Today, many are pushing to have congressional term limits.

Electoral Duties• HR may be called on to elect a President and the Senate

to choose a Vice President• 12th amendment

• HR voting by States—three highest contenders in the electoral college• Two Presidents have been chosen in this way—

• President Thomas Jefferson in 180• President John Quincy Adams in 1825• The Senate had to choose a VP once with Richard M. Johnson in 1837.

• 25th amendment• Provides for the filling of a vacancy in the Vice Presidency

• Successor—the next inline• President nominates a successor, and then Congress approves with a

majority vote by both houses.• Gerald Ford in 1973• Nelson Rockefeller in 1974

Impeachment• The HR has the sole power to impeach, or bring charges,

against the individual.• Tried in the Senate, with Senators acting as jurors.

• Two thirds vote of the senators present is needed for conviction.

• Chief Justice of the Supreme Court presides over the Senate when a President is tried.

• 17 impeachments and seven convictions. All seven were federal judges.• Two Presidents have been impeached by the House:

• Andrew Johnson in 1868• Bill Clinton in 1998

• Senate voted to acquit both men.• Richard Nixon resigned before almost certain impeachment

Executive Powers• The Senate has two executive powers

• Appointments• All major appointments made by the President

must be confirmed by the Senate by majority vote.

• Treaties• The President makes treaties, but with the advice

and consent of the Senate. • Today, the President most often consults the

members of the Senate Foreign Relations Committee and other influential senators of both parties.

Investigatory Power• Congress has the power to investigate

any matter that falls within the scope of its legislative powers.

• This is done through the standing committees and sub committees, or special committees.

• Congress may choose to conduct investigations for several reasons.

• Gather information useful to Congress in the making of some legislation

• Oversee the operations of various executive branch agencies

• Focus public attention on a particular subject, from the drug war to movie violence

• Expose the questionable activities of public officials or private persons

• Promote the particular interests of some members of Congress

• Please use the reading from Ch. 11 and / or the constitution to complete the chart on expressed Congressional powers denied to Congress.

Turn it in when it is complete.

Work on Ch. 12 notes.12 due Thursday.