Scope of Power

Expressed Powers

Implied Powers

Non-legislative Powers

POWERS OF

CONGRESS

https://www.youtube.com/watch?v=7faOy5PcJ2c

THE FIRST DEBATE

Government is bound by the letter of the Constitution

Expressed PowersAnti-Federalists (Democratic-

Republicans) Jeff erson: “the government is

best which governs least.”What did the Jeff ersonians

want the government to do?

STRICT CONSTRUCTIONISTS

Government must rise to meet the needs of a growing nation.

Elastic Clause FederalistsHamilton: the country needs

“an energetic government.”Which argument wins out?What factors led to the growth

of government power?

LIBERAL CONSTRUCTIONISTS

Article I, Sec. 827 specific powers Much left open to

interpretation

EXPRESSED POWERS

What historical events made this power one of the most important given to Congress?

https://www.youtube.com/watch?v=ZuhYRZRfTuY (Capital Gains Taxes)

POWER TO TAX

Tax:

Aside from raising revenue, what other reasons are taxes levied?

Oliver Wendell Holmes Jr., Supreme Court Justice: “Taxes are the price we pay for a civilized society.”

WHY DO WE HAVE TAXES?

Only for public purposesCannot tax exports – Why not?Limits on direct taxes

Indirect taxes must be uniform

LIMITS ON THE POWER TO TAX

WHERE DO THE TAXES COME FROM?

WHERE DO OUR TAXES GO?

No limits on how much or for what purpose

The Debt Ceiling Statutory limit on the public

debt Can be raised by Congress

when needed Has been raised 68 times

since 1960 Why did the ceiling become a

political issue?

https : / /www.youtube .com/watch?v=lzcCoy JBMSU

(Debt ce i l i ng Reuters )

BORROWING POWER

What is it?

Common-place for decades – How did our country begin?

1931-1998 (all but 7 years)Budge surplus 98-2001 – Why?What events have led back to deficit financing?

http: / /www.youtube .com/watch?v=3ugDU2qNcyg ( John Green Debt L imi t )

http: / /www.usdebtc lock.org/

DEFICIT FINANCING

Regulate interstate & foreign trade

Gibbons v. Ogden, 1824 SC interpreting the Commerce

Clause broadly “Commerce” is more than just

buying & selling of goods Used to prohibit racial

discrimination in the 1960s

The Commerce Clause is arguably the most important part of the Constitution. Why?

ht tps : / /www.youtube.com/watch?v=8i I lVrzvCH8

COMMERCE POWER

Currency PowerProvides a uniform, stable monetary systemBankruptcy PowerSets the requirements for declaring bankruptcyForeign Relations PowerShared with the PresidentStates cannot act on matters of securityWar PowersOnly Congress may declare warRaise & support armiesThis power not what it used to be – Why?

OTHER EXPRESSED POWERS

http://www.youtube.com/watch?v=hiCilTzhXrA Michael Scott

Postal Power Is the post offi ce Constitutionally mandated? (Article

1, Sec. 8, Clause 7)Copyrights & PatentsProtecting intellectual property – Relevant today?

OTHER EXPRESSED POWERS

Elastic Clause – Article I, Sec. 8, Clause 18

“To make all Laws which shall be necessary and proper for carrying into Execution the foregoing Powers and all other Powers bested by this Constitution in the Government of the United States, or in any Department or Offi cer thereof.”What does this mean?

http: / /www.youtube.com/watch?v=mSC0JAK2V88 (50 sec)

IMPLIED POWERS: HOW CONGRESS GETS IT

DONE

Hamilton urged its creation Jeff erson feared its creationDid Congress have the power?

https: / /www.youtube.com/watch?v=Vy7FJ J_ud84

BANK OF THE UNITED STATES

States cannot tax the Federal government

No expressed powers needed to create a bank

Congress has the power to carry out the expressed powers

https : / /www.youtube .com/watch?v=8 i I lV rzvCH8

MCCULLOCH V. MARYLAND, 1819

Chief Justice John Marshall paved the way for an expansion of federal power.

Proposing AmendmentsElectoral DutiesImpeachmentExecutive PowersInvestigatory Powers

NON-LEGISLATIVE POWERS

To accuse of high crimes or misdemeanorsWho can be impeached?

Which body impeaches? (majority needed)

Which body tries?

Who presides?

17 impeachments & 7 removals from offi ce (federal judges)

Which two presidents have been impeached?

IMPEACHMENT

Clashed with Radical Republicans in Congress

Violated the Tenure of Offi ce Act of 1867

One vote short of conviction

ANDREW JOHNSON

Charges stem from an “inappropriate relationship” with an intern

Charged with Perjury & Obstruction of Justice

Senate fails to convict by wide margin

Clinton’s popularity increases as a result

http: / /www.youtube.com/watch?v=ClfpG2-1Bv4

(Cl inton grand jury test imony)

BILL CLINTON

Resigned 1974 Watergate – break in at Dem

headquartersBribery, perjury, tax fraud,

illegal campaign contributions, use of FBI & CIA against enemies

Obstruction of Justice, Abuse of Power, Failure to respond to Subpoena

Resigns in face of certain removal

Most serious abuse of presidential power ever

RICHARD NIXON

- All appointees must be confirmed by majority vote in Senate

- Which positions need Senate confirmation?

- In what ways has this process become politicized?

EXECUTIVE POWERS

On what issues has Congress held hearings?

Why are hearings held?Gather informationOversee Executive Branch agenciesFocus public attentionExpose questionable acts Promote interests of members of Congress

INVESTIGATORY POWER

As Senator, Harry Truman led an investigation to uncover fraud and corruption in army contracts during WW II. Saved $10-15 bil l ion.

TRUMAN COMMITTEE

Wisconsin Senator Joe McCarthy held hearings to investigate his claim of Communist infi ltration in the army. (Netfl ix – The Congress)

ARMY - MCCARTHY HEARINGS

The House Judiciary committee investigated the Nixon White House and its role in Watergate.

WATERGATE HEARINGS