Expressed and Implied Powers

Foreign Relations Powers

• Congresses expressed powers the war powers and the power to regulate foreign trade.

• The fact the United States is a sovereign state.

• War Powers– Only Congress may declare war.– Power to raise and support armies and a

navy.

Naturalization

• The process by which a citizen of one country becomes a citizen of another.

• Congress has the power to establish a uniform Rule of Naturalization.

Copyright

• The exclusive right of an author to reproduce, publish, and sell his or her creative work.

• Copyrights are good for the life of the author plus 70 years.

• Patent– Grants a person the sole right to manufacture, use, or

sell “any new and useful art, machine, manufacture, or composition of matter or any new and useful improvement thereof.”

– A patent is good for up to 20 years.

Eminent Domain

• The inherent power to take private property for public use.

Appropriate

• Assigns to a particular use, usually funding for different Government Institutions.– The Federal Government assigns $60 billion a

year for the Department of Education.

Necessary and Proper Clause

• The power of Congress “to make all Laws which shall be necessary and proper for carrying into Execution the foregoing powers and all other powers vested by this Constitution in the Government of the United States, or in any Department or Officer thereof.”

• This is the heart of Congresses implied powers.

McCulloch v. Maryland

• In 1816, Congress tried to establish a national bank of the United States.

• The state of Maryland took steps to hurt the operation of that bank in the state.– Maryland argued that the Federal Bank was unconstitutional.

• The Marshall Court established through the necessary and proper clause that a federal bank was necessary for the expressed purposes of taxing, borrowing, currency and commerce.

• This decision led to the rise of the Doctrine of Implied powers.

• Doctrine– Is a principle or fundamental policy.

Nonlegislative Powers

• Amendments– Congress may propose amendments by a 2/3

vote in each house.

• 25th Amendment provides for a Successor to replace the Vice President if needed.

• Successor– A replacement, someone to fill the vacancy,

subject to a majority vote in both houses of Congress.

Impeach

• To accuse bring charges against civil officers of the United States.

• The House may bring Impeachment charges with a majority vote.

• The Chief Justice presides over the hearing before the Senate and the Senate must have a 2/3 vote to convict.

Presidents that have been Impeached

• Andrew Johnson and Bill Clinton– Both men were Acquitted.

• To be found not guilty

• Clinton was Impeacher for committing perjury and lying about his affair.– Perjury

• Lying under oath.

Richard Nixon

• He was not Impeached, he resigned from office before the proceedings could start.– He was linked to the Watergate Scandal and

Congress charged him with abuse of power, obstruction of justice, and failure to respond to the committee’s subpoenas.

• Subpoena– Is a legal order directing one to appear in

court and/or to produce certain evidence.

Appointments

• The Senate is tasked with confirming Presidential appointments.– A majority vote is needed to secure an appointment.

• There are a wide ranging number of appointments:– Cabinet Members– Supreme Court Justices– Federal Judges– U.S. Attorney

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• In which states is most of the land owned by the federal government? Why do certain agencies own so much land?– Nevada, Arizona, and Utah

• Explain how congress and the president share power in the fields of foreign relations and defense.– Foreign Relations: President has primary

responsibilities, but Congress has various expressed and inherent powers.

– Defense: The president is commander in chief of the armed forces, only Congress can declare war and maintain armies and navies.

• Explain what it means to appropriate funds.– To assign money to a particular use.

• What is the necessary and proper clause sometimes called? How did it get the name?

– The “Elastic Clause” – It has been interpreted in so many ways and

expanded so much over the years.

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• Why did the framers make the amendment process so difficult, requiring state ratification in addition to congressional approval? – They wanted to ensure that a change as

major as an amendment had the support of most of the States, they wanted to avoid changes prompted by temporary political expediency.

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• What measures did the framers build into the impeachment process to try make it fair? Why do you think both attempts to remove U.S. Presidents resulted in failure? – A Majority of members is required to start the

process, secure impeachment, and convict; witnesses are heard and evidence is presented as in a regular level of the process.

– Conviction did not have the support of the majority of participants.

• If the vice president becomes vacant, how is a successor chosen?

– The President chooses a successor and both houses of Congress must approve by a majority vote.

Quick Write

Is the process of eminent domain fair to the private citizen? If not is it still necessary?