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

Congress gets all of its power Congress gets all of its power from Article I of the U.S. from Article I of the U.S. ConstitutionConstitution

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

How much power Congress How much power Congress has depends on how we has depends on how we interpret the Constitutioninterpret 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 havepower Congress should have

Interpreting the ConstitutionInterpreting the Constitution Strict Constructionist (originalist)– Strict Constructionist (originalist)–

believe that Congress should only believe that Congress should only have the expressed powers and have the expressed powers and no moreno moreSupport very limited governmentSupport very limited governmentBelieve that individual liberty is Believe that individual liberty 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) – believed that we should constitution) – believed that we should interpret the Constitution loosely, so interpret the Constitution loosely, so that Congress could have more powerthat Congress could have more power Support an active governmentSupport an active government Believe that governmental Believe that governmental

effectiveness is most importanteffectiveness is most important First LC was Alexander HamiltonFirst LC was Alexander Hamilton

Powers that Both Houses use Powers that Both Houses use TogetherTogether

Powers of Money and CommercePowers of Money and CommercePower to “lay and collect Power to “lay and collect taxes”taxes”Cannot tax for private benefitCannot tax for private benefitCannot tax exportsCannot tax exportsFederal tax rates must be the Federal tax rates must be the same in all statessame in all states

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

Powers that Both Houses use Powers that Both Houses use TogetherTogether

Powers of Money and CommercePowers of Money and CommercePower to “borrow money on Power to “borrow money on the credit of the United States”the credit of the United States”Deficit – money spent exceeding Deficit – money spent exceeding tax revenue, must be borrowed tax revenue, must be borrowed this year to pay our bills ($172 this year to pay our bills ($172 billion in 2007)billion in 2007)

Borrowed by selling bondsBorrowed by selling bonds

Powers that Both Houses use Powers that Both Houses use TogetherTogether

Powers of Money and CommercePowers of Money and CommercePower to “borrow money on the Power to “borrow money on the credit of the United States”credit of the United States”Debt – total of all deficits yet to Debt – total of all deficits yet to be paid back, plus interest owed be paid back, plus interest owed (over $9 Trillion)(over $9 Trillion)

Powers that Both Houses use Powers that Both Houses use TogetherTogether

Powers of Money and CommercePowers of Money and CommercePower to “regulate commerce . . Power to “regulate commerce . . . among the several states”. among the several states”Power is often extended to do Power is often extended to do seemingly unrelated implied seemingly unrelated implied powerspowers

Build interstate highwaysBuild interstate highwaysBan racial discriminationBan racial discrimination

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?

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

The court decides to interpret The court decides to interpret “commerce” very broadly“commerce” very broadly

““Commerce” means virtually Commerce” means virtually all commercial interactionsall commercial interactions

Thus, Congress can regulate Thus, Congress can regulate just about anythingjust about anything

Powers that Both Houses use Powers that Both Houses use TogetherTogether

Powers of Money and CommercePowers of Money and Commerce Power to “coin money and Power to “coin money and

regulate the value thereof”regulate the value thereof” Power to “establish uniform laws Power to “establish uniform laws

on the subject of bankruptcies”on the subject of bankruptcies”Bankruptcy – person declared Bankruptcy – person declared incapable of repaying debt, debts incapable of repaying debt, debts are clearedare cleared

Expressed Powers: Foreign Expressed Powers: Foreign RelationsRelations

Congress has Congress has the power to the power to 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 is a collection of Congress is a collection of cowards – most don’t want to cowards – most don’t want to accept responsibility for mistakesaccept responsibility for mistakes

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

rules to become a citizenrules to become a citizen Postal Power – Congress sets Postal Power – Congress sets

up the Post Officeup the Post Office Copyrights and PatentsCopyrights and Patents Weights and Measures – Weights and Measures –

making sure they mean the making sure they mean the same thing nationwidesame thing nationwide

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

controls territories, and decides controls territories, and decides whether they become states or whether they become states or notnot

Eminent Domain – Congress can Eminent Domain – Congress can take private property for public take private property for public useuse

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

Implied PowersImplied Powers Necessary and Proper Clause Necessary and Proper Clause

– Where the implied powers – Where the implied powers come fromcome fromTells Congress they can Tells Congress they can make any laws “necessary make any laws “necessary and proper” for carrying out and proper” for carrying out their expressed powerstheir expressed 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

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

Any laws Congress passes, so Any laws Congress passes, so long as they hold to the spirit long as they hold to the spirit of the Constitution, are okayof the Constitution, are okay

This is a liberal This is a liberal constructionist positionconstructionist position

Since this case, Congress has Since this case, Congress has used many implied powersused many implied powers

Nonlegislative PowersNonlegislative 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

Nonlegislative PowersNonlegislative Powers Impeachment – Impeachment –

means to bring means to bring criminal criminal charges againstcharges against

Impeachment Impeachment requires requires majority vote in majority vote in the Housethe House

Nonlegislative PowersNonlegislative Powers After House After House

votes, trial votes, trial beginsbegins

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

Nonlegislative PowersNonlegislative Powers A conviction, A conviction,

which would which would remove the remove the pres. from pres. from office, requires office, requires a 2/3 vote in a 2/3 vote in the Senatethe Senate

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