U3L6: Powers of Congress

The Expressed Power To...

Implies the Power To...

Which of the following are powers that congress can exercise according to the Constitution?

collecting taxes; declaring war

National emergencies, advanced in technology, and demand for services have increased Congress's acceptance of which view?

liberal constructionist

Limits on the Taxing Power

-Congress may tax only for public purposes, not for private benefit. Article I, Section 8, Clause 1 says that taxes may be levied only "to pay the Debts and provide for the common Defence and general Welfare of the United States...." -Congress may not tax exports. Article I, Section 9, Clause 5 declares "[n]o Tax or Duty shall be laid on Articles exported from any State." Thus, customs duties (tariffs), which are taxes, can be levied only on goods brought into the country (imports), not on those sent abroad (exports). -Direct taxes must be apportioned among the States, according to their populations: "No Capitation, or other direct, Tax shall be laid, unless in Proportion to the Census of enumeration herein before directed to be taken." (Article I, Section 9, Clause 4)

direct tax

A direct tax is one that must be paid directly to the government by the person on whom it is imposed—for example, a tax on the ownership of land or buildings, or a capitation (head or poll) tax.

Liberal Constructionists

Alexander Hamilton Favored a powerful government that could exercise implied powers; Favored vigorous executive leadership; Based on a liberal interpretation of the Constitution because the Constitution did not specifically grant the government these powers

The Borrowing Power

Article I, Section 8, Clause 2 gives Congress the power "[t]o borrow Money on the credit of the United States." There are no constitutional limits on the amount of money Congress may borrow and no restrictions on the purposes for borrowing.

The Bankruptcy Power

Article I, Section 8, Clause 4 gives Congress the power "[t]o establish ...uniform Laws on the subject of Bankruptcies throughout the United States." A bankrupt individual or company or other organization is one a court has found to be insolvent—that is, unable to pay debts in full. Bankruptcy is the legal proceeding in which the bankrupt's assets—however much or little they may be—are distributed among those to whom a debt is owed. That proceeding frees the bankrupt from legal responsibility for debts acquired before bankruptcy.

The Currency Power

Article I, Section 8, Clause 5 gives Congress the power "[t]o coin Money [and] regulate the Value thereof." The States are expressly denied that power. (Article I, Section 10, Clause 1)

Who has the power to raise and support armies and authorize military action?

Congress

expressed powers (Article I, Section 8)

Expressed powers are those stated in the Constitution—for example, the power to regulate both foreign and interstate commerce. Explicitly stated in the Constitution.

deficit financing

For decades, the Federal Government has practiced deficit financing. That is, it regularly spends more than it takes in each year and then borrows to make up the difference. Thus, the government has relied on deficit financing—on borrowing—to deal with the economic Depression of the 1930s, to meet the extraordinary costs of World War II, and to pay for wars and social programs over the decades since then.

implied powers

Implied powers are not stated in the Constitution, but drawn from the expressed powers. Based on the expressed power to regulate commerce, Congress has set a minimum wage for hourly workers. Needed to enact expressed powers.

inherent powers

Inherent powers are those that belong to all sovereign nations—for example, the power to control a nation's borders. Belong to all sovereign states.

Things Congress can't do

It cannot create a national public school system, require people to vote or attend church, or set a minimum age for marriage or drivers' licenses. It cannot abolish jury trials, confiscate all handguns, or authorize the censorship of newspapers or radio or television broadcasts.

Which of the following gives Congress the power to fund parts of the executive branch such as the Department of Education?

Necessary and Proper Clause

The War Powers

Six of the 27 expressed powers set out in Article I, Section 8 deal explicitly with the subject of war and national defense. Remember that here, too, Congress shares power with the chief executive. The Constitution makes the President commander in chief of the nation's armed forces, (Article II, Section 2, Clause 1) and, as such, the President dominates the field. Only Congress can declare war. It alone has the power to raise and support armies, to provide and maintain a navy, and to make rules for the governing of the nation's military forces. Congress also has the power to provide for "calling forth the Militia" (today, the National Guard), and for the organizing, arming, and disciplining of that force. And Congress is also given the power to grant letters of marque and reprisal, and to make rules concerning captures on land and water.

Limits on commerce power

The Constitution declares that Congress -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 that "Vessels bound to, or from, one State be obliged to enter, clear, or pay Duties in another" (Article I, Section 9, Clause 6); and finally, -could not interfere with the slave trade until at least the year 1808 (Article I, Section 9, Clause 1). This last limitation, part of the curious Slave-Trade Compromise the Framers struck at Philadelphia, has been a dead letter for more than two centuries.

The Power to Tax

The Constitution gives Congress the power "To lay and collect Taxes, Duties, Imposts and Excises, to pay the Debts and provide for the common Defense and general Welfare of the United States...." (Article I, Section 8, Clause 1)

The War Powers Resolution

The war-making power as it was exercised by Presidents Johnson and Nixon during the undeclared war in Vietnam (1964-1973) moved Congress to enact the War Powers Resolution. That law provides that the chief executive can commit American military forces to combat abroad only (1) if Congress has declared war, or (2) when Congress has specifically authorized a military action, or (3) when an attack on the United States or any of its armed forces has occurred. If troops are ordered into combat in the third circumstance, the President is directed to report that fact to Congress within 48 hours. Any such commitment of military forces must end within 60 days, unless Congress agrees to a longer involvement. And Congress can end a commitment at any time.

Powers of Congress

There are 27 expressed congressional powers listed in Article I, Section 8 of the Constitution. A few of these powers include imposing taxes, printing money, declaring war, and maintaining armed forces. Congress also has the power to regulate interstate and foreign commerce, which is known as the commerce power. The Framers gave the federal government and Congress the power to regulate and print money so that the country would have a unified currency. The Constitution also gives Congress the power to register copyrights and patents to protect the rights of creators of original works and inventions. Additionally, Congress has the power to establish post offices and standard measurements as well as establish regulations for naturalization, or the process of citizenship.

Strict Constructionists

Thomas Jefferson Favored a very limited role for the new government created by the Constitution; Majority of power would remain with the States and the people; Based on a strict reading of the Necessary and Proper Clause in the Constitution to prevent the government from gaining too much power

public debt

all of the money borrowed by the Federal Government over the years and not yet repaid, plus the accumulated interest on that money.

indirect tax

an indirect tax is one first paid by one person but then passed on to another. It is indirectly paid by that second person. Take, for example, the federal tax on cigarettes. It is paid to the Treasury by the tobacco company but is then passed on through the wholesaler and retailer to the person who finally buys the cigarettes.

raise armies and a navy

draft American into the military

regulate commerce

establish a minimum wage; ban discrimination in workplaces and public facilities; pass laws protecting the disabled

borrow money

establish the Federal Reserve System of banks

Which of the following best describes the interpretation of the Constitution by a strict constructionist?

favors a very limited role for the national government

Gibbons v. Ogden, 1824

first case involving the Commerce Clause to reach the Supreme Court. "Commerce, undoubtedly, is traffic, but it is something more; it is intercourse. It describes the commercial intercourse between nations, and parts of nations, in all its branches, and is regulated by prescribing rules for carrying on that intercourse." -Chief Justice John Marshall. The ruling ended steamboat monopolies.

Commerce Clause (Article I, Section 8, Clause 3)

gives Congress the power "to regulate Commerce with foreign Nations, and among the several States, and with the Indian Tribes."

establish post offices

prohibit mail fraud and obstruction of the mails; bar the shipping of certain items through the mail

lay and collect taxes

punish tax evader; set conditions to qualify for federal funding; regulate some commodities and outlaw the use of others

What expressed powers show that the framers wished Congress to have the power to secure the national against foreign danger?

raise armies and a navy; levy taxes, duties, and excises

create naturalization law

regulate and limit immigration

Necessary and Proper Clause

the final clause in the lengthy Section 8 of Article I in the Constitution, gives to Congress the expressed power "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." (Article I, Section 8, Clause 18)

The Commerce Power

the power of Congress to regulate interstate and foreign trade

The Money Powers

the power to tax, the power to borrow, the power to establish laws on bankruptcy, and the power to coin money