Chapter 11. The Scope of Congressional Powers Powers delegated from the Constitution Many denials...
-
Upload
daniel-lloyd -
Category
Documents
-
view
220 -
download
4
Transcript of Chapter 11. The Scope of Congressional Powers Powers delegated from the Constitution Many denials...
POWERS OF CONGRESS
Chapter 11
SECTION I
The Scope of Congressional Powers
CONGRESSIONAL POWERS Powers delegated from the Constitution
Many denials come from the lack of wording on an issue
Powers hampered by Federal System Congress Cannot (Examples)
Establish a Nat’l public school systemRequire people to vote or attend churchSet marriage/driver’s license ageAbolish courtsCensor media
…CONTINUED Review of Powers
Expressed Powers Explicitly stated
Implied Powers Found through reasonable deduction
Inherent Powers Established because the National Government exists
CONSTRUCTIONISTS Framers wanted to establish a strong
national government Criticism of the Constitution persisted
into the early Republic years Federalist & Anti-Federalists established
two view pointsStrict ConstructionistLiberal Constructionist
STRICT CONSTRUCTIONISTS
Early leadership found in Thomas Jefferson
Felt Constitution should operate under expressed and those vital implied powers
Saw benefits of a National Defensive system and protection of interstate trade
Wanted states to retain powerStates could best serve the citizens
LIBERAL CONSTRUCTIONISTS
Leadership in Alexander Hamilton Felt the Country needed “an energetic
government” Prevailing view point, gained momentum
over the centuries Ideas have shaped dealings with war,
economic crisis, etc. American people have demanded more
services People want a broader view of government General consensus
President & Supreme Court generally have taken this view point
SECTION II
The Expressed Powers of Money & Commerce
THE POWER TO TAX Article I, Sec. 8, Clause 1
Congressional power to lay and collect taxes and duties
Articles of Confederation did not allow Congress to taxStates would be asked to send fundingNo state ever came close to meeting
funding needs Lack of taxing power a major push to
create the Constitution
THE PURPOSE OF TAXES In 2013: Government will collect app.
2.7 Trillion dollars in taxes Tax levied against a person or property
to raise money to meet public needs Other tax example:
“Protective Tariff” Collects limited funds Main goal is to protect domestic industry
Gov. regulation on narcotics Only those licensed may manufacture, sell, or
deal in those drugs Licensing is a form of taxation
LIMITS ON THE TAXING POWER
Congress does not have free rein to taxBound by
Constitutional parameters
Government cannot tax church services First amendment
violationGovernment may not
issue a poll tax 24th amendment
violation
…CONTINUED Four limitations on taxing power
Congress can only tax for public benefit and not private gain
Congress may not tax exports Direct taxes must be apportioned to the States by
populationGoes directly to the Government Income tax is a direct tax that is not based on
populationWealth is not evenly distributed across the U.S.
Indirect taxes must be consistent across the countryGasoline, alcohol, & tobacco Indirect taxes follow through the system
Tobacco tax paid by tobacco company, costs passed on to the wholesaler who then passes it on to the consumer
THE BORROWING POWER No Constitutional limit on the amount of
money that can be borrowed or on the purpose
Statutory ceiling on public debt limitsPublic debt is borrowed money that is
unpaid plus interestNational debt app. 17 trillion dollarsCongress can raise the debt ceiling (recent
event) Deficit financing has been practiced
Spending more than is taken in annually
…CONTINUED Balanced Budget Act of 1997
Passed with Congress and President ClintonVowed to eliminate deficit financing by
2002Met goal in 1998, 1999, 2000, and 2001Economy was booming, economic surplus
Deficit again is an issuesSharp decrease in the economyTax cuts under the Bush administrationGlobal war on terrorismBudget shortfall in 2007: $205 billion
THE COMMERCE POWER Power of Congress to regulate interstate
and foreign trade Weak interstate trading system under
the A of CBickering between statesForeign agreements made by statesNo governmental control
Constitution called for Congress to begin regulating tradeArticle I, Section 8, Clause 3The Commerce Clause
LIMITS ON COMMERCE POWER
Commerce Power is not unlimited Four explicit limits
Cannot tax exports (Article I, Section 9, Clause 5)
Cannot favor the ports of one State over those of any other in the regulation of trade (Article I, Section 9, Clause 6)
Cannot require vessels to pay duties in another state (Article I, Section 9, Clause 6)
Could not interfere with the slave trade until at least 1808 Part of the Slave Trade Compromise Dead for nearly two centuries
THE CURRENCY POWER Congress allowed to coin/print money
Denied to the States Currency system collapsed after the
Revolution Early attempts at currency lead to useless
bills Each of the 13 States could issue their own
money Poor printing practices and circulation of
English and Spanish currency Bank of the United States charted in 1791
Power to issue paper currency
…CONTINUED Legal tender did not come until 1863
Could not be redeemed for gold or silver States chartered banks issued currency
which competed with Nat’l moniesTax soon eliminated private bank notes
Supreme Court struck down printing of paper money in 1870“to coin” meant to stamp metalDecision overturned by 1884
SECTION III
Other Expressed Powers
FOREIGN RELATIONS POWERS
Shared powers with the President This power is denied to the States
States are not sovereign Powers stem from various expressed
powers & inherent powers Examples
War PowersForeign CommerceRegulation of Immigration
WAR POWERS Article I, Section 8 This power is shared with the executive Congress may…
Declare War Raise/Support an army Provide/Maintain a navy Make military rules Call a militia Grant legalized piracy (letters of marque &
reprisal) War Powers Resolution of 1973
Congress can restrict forces where a state of war does not exist
THE POSTAL POWERS Congress may establish Post Offices &
Postal Roads Credited founder- Ben Franklin 38,000 offices, branches, & stations Establish crimes against the postal
system Illegal to obstruct the mail, commit fraud, or
commit a crime through the mail Prohibition on mailing certain items States cannot interfere or tax the Postal
Service
COPYRIGHT & PATENTS Copyright
Right of a author to reproduce, publish, or sell their creation
Registration through the Copyright Office in the Library of Congress
Copyright lasts the life of the author plus 70 years
The Office does not enforce protection of copyright Owner must handle these matters
…CONTINUED Patents
Grants person sole right to manufacture, use, or sell a new product
Patent lasts for 20 yearsPatents & Trademark
Office of the Department of Commerce
WEIGHTS & MEASURES Reflects need for accurate/uniform
gauges onTime, distance, area, weight, volume, etc.
1838-English system of measurement enacted
1866-Congress legalized Metric System 1901-Creation of the Nat’l Bureau of
StandardsNat’l Institute of Standards & Technology
POWER OVER LAND Congress has power to manage land
DC & Territories Military Bases Prisons Post Offices & Federal Buildings Parks
Acquire property through purchase or gift Eminent Domain-taking of private property
for public use Gain territory from a foreign state
Admit a new state War Powers Treaty-making
JUDICIAL POWERS Create federal courts below Supreme
Courts Structure of Federal Judiciary Define federal crimes & punishments Four defined federal crimes
CounterfeitingPiracyOffense of International lawTreason
Implied powers used to create hundreds of other federal crimes
NATURALIZATION Naturalization
Process which a foreign born person becomes a citizen of the United States
Approximately 11 million naturalized US citizens
SECTION IV
Implied Powers
IMPLIED POWERS Those powers that are found through
deductionNot explicitly stated
Example:Education
Not mentioned in the Constitution Federal Government still appropriates, sets aside
funds for a specific use, to fund education
NECESSARY & PROPER CLAUSE
“Elastic Clause” Allows Congress to
create laws to run the government
Allowed Congress to change and adapt over time
Alexander Hamilton a major support of the “Necessary & Proper Clause”
BATTLE OVER IMPLIED POWERS
1790 Alexander Hamilton urges the creation of a
Nat’l Bank Opponents stated that the Con. did not give
Congress the power to establish the bankStrict Constructionist: Government should run
on those powers that are absolutely necessaryHamilton (liberal): Looked to the “Necessary &
Proper Clause” Congress had the power to create the bank Reasonably related to exercise of expressed powers Argued banks would help with; taxing, borrowing,
commerce, & currency
…CONTINUED Strict Con. Felt that the bank
would give Congress too much powerThreatened the States
Hamilton triumphedNat’l Bank est. 1791Charter set to expire in 1811Bank remained unchallenged in the
courts for 20 years
MCCULLOCH VS. MARYLAND
1816 Second Nat’l Bank established
Chartered after a hard-fought battle Opponents of the bank worked with
state legislatures to cripple the bank 1818-Maryland placed tax on issuances
from non-State chartered banksMain target: Nat’l Bank
James McCulloch, bank cashier, issued notes without paying the tax
…CONTINUED McCulloch brought up on charges Maryland won state court judgment U.S. appealed to Supreme Court on
McCulloch’s behalf Opposing Sides
Maryland- Strict Con. Ideas, Felt bank was unconstitutional
U.S.- Liberal Con., Bank est. under implied powers, State could not tax a Federal agency
Supreme Court reversed Maryland decision Bank constitutional under “N & P Clause” Court approved of implied powers
DOCTRINE INTO PRACTICE Doctrine- principle of
fundamental policy “N & P Clause” has become the
“Convenient & Useful Clause” Examples
Louisiana Purchase under Jefferson
Army conscription
Congress still has restraints in place
SECTION V
Non-Legislative Powers
CONSTITUTIONAL AMENDMENTS
Article V: Amendments can be proposed by a 2/3 vote in each chamberOccurred 33 Times
Congress can call a Nat’l ConventionUpon request of 34 (2/3) States
Pass potential amendmentsBalanced budget annuallyProhibit flag burningPermit prayer in public school Impose Congressional term limits
ELECTORAL DUTIES House can elect the president if no
candidate receives a majority of electoral votesChose from the 3 highest contendersEach state has 1 vote Jefferson (1801) John Quincy Adams (1825)
Senate may pick the VPEach senator votes independentlyRichard Johnson (1837)
…CONTINUED 25th Amendment
Outlines vacancy of Vice Presidential officePresident nominates a successorMajority vote in both housesOccurrences
Gerald Ford (1973) Nelson Rockefeller (1974)
IMPEACHMENT House may impeach (accuse, bring
charges) against a public official Majority vote in the House
Senate tries impeachment cases 2/3 vote needed to convict Can ban official from serving publically again Official may be charged in lower courts also
Supreme Court Chief Justice presides over trial
17 impeachments 7 convicted (all federal judges) 2 presidents (both acquitted)
ANDREW JOHNSON 17th President after Lincoln’s
assassination (1865) Began conflicting with Radical
Republicans in Congress Issues over dealing with the
defeated South Johnson fired Secretary of War
Stanton Violated Tenure of Office Act
House impeached Johnson Found not guilty by 1 swing
Republican vote
BILL CLINTON Impeached in 1998 Stemmed from an “inappropriate
relationship” Issues of perjury and obstruction of
justice Internal push to censure the
President Formal condemnation
Trial began January 7, 1999 Public was highly displeased with
trial February 12, 1999- Senate acquits
RICHARD NIXON 1974-resigned in the face of certain
impeachment Watergate scandal
Republican break in of the DNC offices Washington Post investigation triggered the
Dept. of Justice to become involved Illegal acts included Nixon subpoenaed but played coy with
Congress Knew House would fully impeach/Senate
convict Resigned, Aug. 9, 1974
Downfall of many White House staff
EXECUTIVE POWERS Appointments
President appointments confirmed by Congress Committee Process
Rarely are appointment denied Senatorial Courtesy used for State appointments
Treaties President once consulted Senate on treaty
making Now, Senate Foreign Relations Committee
consulted Accept/Deny Treaty
Amendments, reservations, or understandings can be added
House consulted for financial needs
INVESTIGATORY POWER Investigations lead by
specific committees Investigations used to
Gather information for legislation
Have oversight of executive offices
Focus attention on a particular subject
Expose questionable activities
Promote Congressional interests