Where Does Congress’ Power Where Does Congress’ Power Come From?Come From?

Article IArticle I The U.S. Supreme Court tells The U.S. Supreme Court tells

them what they are them what they are not not allowedallowed to do… to do…

Powers of CongressPowers of Congress Congress has 3 kinds of power:Congress has 3 kinds of power:

Expressed – directly written Expressed – directly written in the Constitutionin the Constitution

Implied – reasonably Implied – reasonably assumed based on the assumed based on the expressed powersexpressed powers

Inherent – nowhere in the Inherent – nowhere in the Constitution, but always held Constitution, but always held by national governmentsby national governments

Interpreting the ConstitutionInterpreting the Constitution

There are two major “schools There are two major “schools of thought” on how much of thought” on how much power Congress should have:power Congress should have:

Strict vs. Loose interpretationStrict vs. Loose interpretation

Interpreting the ConstitutionInterpreting the Constitution Strict Constructionist – believe that Strict Constructionist – believe that

Congress should only have the Congress should only have the expressed powers and no moreexpressed powers and no moreSupport very Support very limited limited governmentgovernment

Believe that Believe that individual libertyindividual liberty is is most importantmost important

First SC was Thomas JeffersonFirst SC was Thomas Jefferson

Interpreting the ConstitutionInterpreting the Constitution Liberal Constructionist (living Liberal Constructionist (living

constitution) – believe that we should constitution) – believe that we should interpret the Constitution loosely, so interpret the Constitution loosely, so that Congress could have that Congress could have more more powerpower Support an active, larger Support an active, larger

governmentgovernment First LC was Alexander HamiltonFirst LC was Alexander Hamilton

I hate you.

Get out of my face, Dawg.

Expressed Powers: Money and Expressed Powers: Money and CommerceCommerce

Congress is given the Congress is given the expressed power to “lay and expressed power to “lay and collect taxes”collect taxes”

Tax – charge levied by Tax – charge levied by government on people or government on people or property to meet public needsproperty to meet public needs

What are the Limits to the What are the Limits to the Taxing Power?Taxing Power?

Cannot be for private benefitCannot be for private benefit Cannot tax exportsCannot tax exports Direct taxes must be paid to Direct taxes must be paid to

states states equally according to equally according to populationpopulation

All indirect taxes must be the All indirect taxes must be the same across the countrysame across the country

2 Kinds of Taxes2 Kinds of Taxes

Direct Tax – paid by the Direct Tax – paid by the person it is imposed uponperson it is imposed upon Income tax, Property taxIncome tax, Property tax

2 Kinds of Taxes2 Kinds of Taxes

Indirect tax – imposed on one Indirect tax – imposed on one person, but paid by anotherperson, but paid by anotherCigarette Tax, Gas TaxCigarette Tax, Gas Tax

Expressed Powers: Expressed Powers: BorrowingBorrowing

Congress has the power “to Congress has the power “to borrow money on the credit borrow money on the credit of the United States”of the United States”

We do this A We do this A LOT!!!!!!!!!!!!!!!!!!!!LOT!!!!!!!!!!!!!!!!!!!!

Deficit and DebtDeficit and Debt

Deficit – the amount of money Deficit – the amount of money spent over budget that must be spent over budget that must be borrowed this yearborrowed this year Deficit for 2011 - $1.5 Deficit for 2011 - $1.5

trillion !!!!! Nearly tripled in trillion !!!!! Nearly tripled in less than a decadeless than a decade

SUPER COMMITTEE SUPER COMMITTEE ANSWERS??????ANSWERS??????

Deficit and DebtDeficit and Debt

Debt – grand total of all money Debt – grand total of all money borrowed and still owed to this borrowed and still owed to this point, plus interestpoint, plus interestDebt in 2012 – Over $15 Debt in 2012 – Over $15 TrillionTrillion

+ interest…+ interest…

Expressed Powers: Expressed Powers: CommerceCommerce

Congress has the power to Congress has the power to “regulate commerce with “regulate commerce with foreign nations, and among the foreign nations, and among the several states, and with the several states, and with the Indian tribes”Indian tribes”

This power gets used to do This power gets used to do all all sorts of other seemingly sorts of other seemingly unrelated thingsunrelated things

For Example:For Example: Passing the Civil Rights Act of Passing the Civil Rights Act of

1964, prohibiting racial 1964, prohibiting racial discriminationdiscrimination

Building highways and freewaysBuilding highways and freeways Building hydroelectric damsBuilding hydroelectric dams This is all a result of Gibbons v. This is all a result of Gibbons v.

Ogden, 1824Ogden, 1824

Gibbons v. Ogden, 1824Gibbons v. Ogden, 1824 New York had given Robert New York had given Robert

Fulton exclusive rights to Fulton exclusive rights to operate a steamboat on the operate a steamboat on the Hudson RiverHudson River

Fulton gave Ogden a permit to Fulton gave Ogden a permit to operate the steamboat for himoperate the steamboat for him

Gibbons had a license from the Gibbons had a license from the U.S. government to operate a U.S. government to operate a steamboat in the same areasteamboat in the same area

What are the Constitutional What are the Constitutional Issues?Issues?

Whose permit is supreme?Whose permit is supreme? What does “commerce” mean?What does “commerce” mean?

In to Save the Day…In to Save the Day…

Gibbons v. Ogden, 1824Gibbons v. Ogden, 1824

The court interpret “commerce” The court interpret “commerce” very broadlyvery broadly

Virtually all commercial Virtually all commercial interactionsinteractions

Thus, Congress can regulate just Thus, Congress can regulate just about anything…Obamacare?about anything…Obamacare?

Expressed Powers: CurrencyExpressed Powers: Currency Currency – coins and paper Currency – coins and paper

bills used as moneybills used as money U.S. Currency is now legal U.S. Currency is now legal

tender – the government tender – the government requires all people to accept requires all people to accept it as paymentit as payment

Expressed Powers: Expressed Powers: BankruptcyBankruptcy

Congress has Congress has the power to the power to “establish “establish uniform Laws on uniform Laws on the subject of the subject of Bankruptcies”Bankruptcies”

Expressed Powers: Expressed Powers: BankruptcyBankruptcy Bankruptcy – Bankruptcy –

person is declared person is declared incapable of incapable of repaying debts, so repaying debts, so all their assets are all their assets are distributed to the distributed to the people they owe, people they owe, and then they are and then they are free of debtfree of debt

I’ve lost everythin

g!

Expressed Powers: Foreign Expressed Powers: Foreign RelationsRelations

Declare warDeclare war However, they However, they

have abdicated have abdicated the power to the power to wage wage war to war to the presidentthe president

How Congress Lost This How Congress Lost This PowerPower Congress passed the Congress passed the Gulf of Tonkin Gulf of Tonkin Resolution, allowing Resolution, allowing the Pres. to use the Pres. to use troops without troops without Congress’ permissionCongress’ permission

Tried to take power Tried to take power back with War back with War Powers Resolution Powers Resolution (1973)(1973)

Why Would Congress Do Why Would Congress Do This?This?

Congress doesn’t want to Congress doesn’t want to accept responsibility for accept responsibility for mistakesmistakes

Other Expressed PowersOther Expressed Powers Naturalization – setting the Naturalization – setting the

rules to become a citizenrules to become a citizen Postal Power Postal Power Copyrights and PatentsCopyrights and Patents Weights and Measures – Weights and Measures –

making sure they’re uniform making sure they’re uniform nationallynationally

Other Expressed PowersOther Expressed Powers Power over territories – Congress Power over territories – Congress

decides whether territories decides whether territories become states or notbecome states or notEminent Domain – Congress Eminent Domain – Congress can take can take private property for private property for public usepublic use

Judicial Power – Congress sets up Judicial Power – Congress sets up the court systemthe court system

Implied PowersImplied Powers

Where do implied powers Where do implied powers come from? – come from? – The The Necessary and Proper Necessary and Proper ClauseClause

Tells Congress they can make Tells Congress they can make any laws for carrying out their any laws for carrying out their expressed powersexpressed powers

McCulloch v. Maryland McCulloch v. Maryland (1819)(1819)

First case that tested the First case that tested the Necessary and Proper ClauseNecessary and Proper Clause

Congress created a national Congress created a national bank, and Maryland hated itbank, and Maryland hated it

Maryland placed a tax on all Maryland placed a tax on all national bank transactions to national bank transactions to try and put it out of businesstry and put it out of business

In to Save the Day…In to Save the Day…

John Marshall and the Court John Marshall and the Court Say:Say:

So long as Congress hold to So long as Congress hold to the spirit of the Constitution, the spirit of the Constitution, are okayare okay

This is a liberal constructionist This is a liberal constructionist positionposition

Since Since McCullochMcCulloch, Congress has , Congress has used many implied powersused many implied powers

Non-legislative PowersNon-legislative Powers Propose Constitutional Propose Constitutional

Amendments with 2/3 vote in Amendments with 2/3 vote in both housesboth houses

House of Reps. chooses the House of Reps. chooses the president if no candidate gets president if no candidate gets a majority in the electoral a majority in the electoral collegecollege

Senate chooses vice-presidentSenate chooses vice-president

Non-legislative PowersNon-legislative Powers Impeachment – Impeachment –

means to bring means to bring criminal criminal charges againstcharges against

Impeachment Impeachment requires requires majority votemajority vote in in the the HouseHouse

Non-legislative PowersNon-legislative Powers After House After House

votes, trial in votes, trial in Senate Senate begins…begins…

Chief Justice Chief Justice acts as judge, acts as judge, Senate acts as Senate acts as juryjury

Non-legislative PowersNon-legislative Powers A conviction, A conviction,

which would which would remove the remove the pres. from pres. from office, requires office, requires a a 2/32/3 votevote in in the the SenateSenate

Executive PowersExecutive Powers

Appointment – Appointment – President President appoints appoints officials with officials with majority majority approval of approval of SenateSenate

Executive PowersExecutive Powers

Treaties – Treaties – President President makes treaties, makes treaties, but Senate but Senate must approve must approve with 2/3 votewith 2/3 vote