legislative powers
TRANSCRIPT
Powers of CongressPowers of CongressWhat do we know Congress can do? Think back to when we talked about correcting the weaknesses of
the Articles of Confederation.
What do we know Congress can do? Think back to when we talked about correcting the weaknesses of
the Articles of Confederation.
Congress has only those powers delegated by the Constitution
Large areas are denied because of the silence of the Constitution and the federal system.
Framers feared the power that is inherent to a legislative body so they created a Constitution that spells out what it can and cannot do in more detail than the other branches.
Just how broad?Strict Constructionists
Led by TJ and the anti-federalists
Congress should only be allowed to exercise its expressed and implied powers that are ABSOLUTELY necessary.
Strict Constructionists Cont.
Wanted the States to keep as much power as possible
Felt that the states can protect interests better than the far-off national government
Liberal Constructionist
Led by Hamilton
Wanted a more liberal interpretation of powers
Broad interpretation
Over the years -
power of the national government has grown to a point that even most liberal constructionists would not have imagined.
THINK ABOUT FEDERALISM
Three types of powerExpressed -
Explicitly, in specific wording
Implied -
Reasonable deduction from expressed
Inherent Powers -
creating a national government for the United States
Examples
Expressed power to lay and collect taxes
IMPLIES
power to punish tax evaders and to regulate the sale of some commodities
Examples
Expressed power to borrow money
IMPLIES
power to establish the Federal Reserve System of banks
Examples
Expressed power to establish naturalization laws
IMPLIES
power to regulate and limit immigration
Expressed Powers
Lay and Collect Taxes
Taxes make up a trillion of what US takes in a year to meet public needs
Was not in the Articles of Confed
Borrow Money
Borrow on the credit of the United States
no limits on amount or the spending of it
Commerce Power
To regulate interstate and foreign trade
Articles of Confed did not have this
It has prompted the growth of the greatest open market
Commerce Cont.
Almost all implied powers are built off of the commerce clause
Restriction on Commerce Power
Cannot tax exports
cannot favor ports of one State over another
Cannot require vessels from one state to pay a duty to another
Can not interfere with slave trade until 1808
Currency Powers
Coin Money
Regulate value of money
Problems in the Articles of Confed with this
Bankruptcy Power
Congress can establish uniform laws on this subject
Legal proceeding in which the bankrupt’s assets are distributed among those to whom debt is owed
Foreign Relations Power
Shared with the President
Likely to defer to the President in these cases
Sole right to regulate foreign commerce
War Powers
Declare War
Power to raise and support armies
provide and maintain navy
Makes rules pertaining to the governing of armed forces
war powers cont.
call forth a militia
rules concerning capture
War powers resolution 1973 - restricts the use of forces where a state of war does not exist
Other powers
Naturalization - the process by which citizens of one country become citizens of another
Postal Power
Copyrights and Patents
Weights and Measures
Other powers cont.Acquire, manage, dispose of federal areas
Eminent domain
Judicial powers (create all of the federal courts below Supreme Court and to structure federal judiciary)
Define federal crimes and set punishments
Implied and Non-Legislative Powers
Implied Powers
Necessary and Proper Clause -
Constitutional basis for implied powers
AKA the “elastic clause” because it has been stretched so far and made to cover so much over the years
Hamilton and the National Bank
This was not stated anywhere in the Constitution
Hamilton used the Necessary and Proper Clause
Argued it was necessary because it was related to the expressed powers (taxing, borrowing, commerce, currency)
McCulloch v Maryland
1816 Second Bank of the US
Opponents wanted to hurt the bank so they taxed it.
Deemed Necessary and Proper to the execution of powers to tax, borrow, currency and commerce
Acted as a sweeping approval of implied powers
Who won this argument, strict constructionists or liberal constructionists?
Non-Legislative Powers
Constitutional Amendments
Congress may propose by 2/3 vote in each house.
It has been done 33 times (not always passed by the States, though)
Electoral Duties
House may be called to elect a President.
12th Amendment says that if no candidate receives the majority of electoral votes, then the House must decide the issue
House has chosen TJ and JQ Adams
Impeachment
President, Vice President, All civil officers, Judges
House has the sole power to impeach (accuse, bring charges)
Senate has the sole power to try (judge)
Impeachment cont.
Impeachment requires one majority vote in the House, conviction requires a two-thirds vote in the Senate
Chief Justice presides over Senate when a President is tried
Cont.
Penalty is removal from office
17 Impeachments, 7 Convictions, all these were federal judges
Two presidents have been impeached by the House, Senate found both not-guilty
Executive Powers
Confirmation of Appointments
Major appointments made by the President must be confirmed by Senate with a majority vote
Treaties
President makes treaties with the advice and consent of Senate
2/3 Senators must concur
Investigatory Power
Investigate any matter that falls with in the scope of legislative powers
Gather information
oversee bureaucracy
focus public attention
expose questionable activities
promote a particular interest
House Powers
House Ways and Means (committee)
Only House may initiate tax laws and spending bills
This oversees taxing and spending legislation
Senate Powers
Confirmation
Ratify Treaties
Amending Powers on Revenue Bills