CONGRESS CHAPTER 10

JAN. 6

• 1. COMPLETE MR. SMITH GOES TO WASHINGTON

• 2. NOTES/DISCUSSION OVER CONGRESSIONAL POWERS

• 3. CHAPTER 12 VOCAB

• 4. CHAPTER 11 VOCAB. QUIZ JAN. 8

• 5. CONGRESS TEST WEDNESDAY JAN. 14

• 6. JOURNALS ARE DUE JAN. 16

• 7. MID-TERM JAN. 23

• YOU WILL BE ABLE TO DESCRIBE THE POWERS OF CONGRESS AND THE DENIED POWERS OF CONGRESS.

CONGRESSIONAL POWERS

•CONGRESS ONLY HAS THOSE POWERS DELEGATED TO IT BY THE CONSTITUTION.

•POWERS OF CONGRESS ARE LIMITED BY THE CREATION OF A FEDERAL SYSTEM.

POWERS GRANTED BY THE CONSTITUTION

•EXPRESSED– DELEGATED, SPELL OUT IN THE CONSTITUTION

•IMPLIED– SUGGESTED, “NECESSARY AND PROPER”

•INHERENT– POWERS THAT THE NATIONAL GOVERNMENT HAS HISTORICALLY POSSESSED

POWERS GRANTED TO CONGRESS

•THERE ARE 16 POWERS GRANTED TO CONGRESS, EX. TAX, BORROW MONEY, POST OFFICES, PATENTS, DECLARE WAR, MAKE ALL LAWS NECESSARY AND PROPER TO CARRY OUT THE EXPRESSED POWERS….

POWERS DENIED TO CONGRESS•CONGRESS COULD NOT STOP ANYONE FROM BRINGING

SLAVES INTO THE COUNTRY (NO LONGER USED), WRIT OF HABEAS CORPUS SHALL NOT BE TAKEN AWAY, NO BILL OF ATTAINDER OR EX POST FACTO LAW SHALL BE PASSED, NO POLL TAX, NO TAX ON EXPORTS, CONGRESS CANNOT MAKE LAWS CONCERNING TRADE THAT FAVOR ONE STATE OVER ANOTHER, GOVERNMENT MONEY CANNOT BE SPENT WITHOUT THE CONSENT OF CONGRESS, AND NO TITLE OF NOBILITY.

LIMITS ON THE POWER TO TAX•WHAT IS A TAX?

•LIMITS ON TAXING:

•1. CONGRESS MAY TAX ONLY FOR PUBLIC PURPOSES

•2. CONGRESS MAY NOT TAX EXPORTS

•3. DIRECT TAXES MUST BE APPORTIONED AMONG THE STATES, ACCORDING TO THEIR POPULATIONS

•4. ALL INDIRECT TAXES MUST BE LEVIED AT THE SAME RATE IN ALL PARTS OF THE COUNTRY

LIMITS PLACED ON COMMERCE POWER

•1. CANNOT TAX EXPORTS

•2. CANNOT FAVOR THE PORTS OF ONE STATE OVER THOSE OF ANY OTHER IN REGULATION OF TRADE

•3. CANNOT REQUIRE THAT VESSELS FROM ONE STATE GOING TO ANOTHER STATE PAY DUTIES

•4. COULD NOT INTERFERE WITH THE SLAVE TRADE (THIS HAS BEEN A DEAD ISSUE FOR NEARLY TWO CENTURIES NOW)

WAR POWERS

• 1. DECLARE WAR

• 2. RAISE AND SUPPORT ARMIES

• 3. PROVIDE AND MAINTAIN A NAVY

• 4. MAKE LAWS GOVERNING LAND AND NAVAL FORCES

• 5. PROVIDE FOR SUMMONING THE MILITIA TO EXECUTE FEDERAL LAWS, SUPPRESS UPRISINGS, AND REPEL INVASIONS

• 6. PROVIDE FOR ORGANIZING, ARMING, AND DISCIPLINING THE MILITIA AND GOVERNING IT WHEN IN THE SERVICE OF THE UNION

WAR POWERS RESOLUTION OF 1973•CONGRESS CLAIMS THE POWER TO

RESTRICT THE USE OF AMERICAN FORCES IN COMBAT WHERE A STATE OF WAR DOES NOT EXIST

•DESIGNED TO PLACE CLOSE LIMITS ON THE PRESIDENT’S WAR-MAKING POWERS

NECESSARY AND PROPER CLAUSE

•CONGRESS HAS THE POWER TO MAKE ALL LAWS THAT ARE NECESSARY TO CARRY OUT THE DELEGATED POWERS. (IMPLIED POWERS)

IMPLIED POWERSCollecting Taxes

Borrowing Money

Naturalization Laws

Raising an Army and Navy

• Punish tax evaders

• Regulate the sale of commodities

• Require States to meet certain conditions to qualify for federal funding

• To establish the Federal Reserves system of banks

• To regulate and limit immigration

• To draft Americans into the military

MCCULLOCH V. MARYLAND, 1819

•MARYLAND ARGUED THAT THE CREATION OF THE SECOND BANK OF THE UNITED STATES WAS UNCONSTITUTIONAL

•THE COURTS SAID THE CREATION OF THE SECOND BANK WAS “NECESSARY AND PROPER” TO THE EXECUTION OF THE FOUR EXPRESSED POWERS OF CONGRESS.

•THE COURT GAVE APPROVAL TO THE CONCEPT OF IMPLIED POWERS