CH11

Limits on the Taxing Powers

-A tax is a charge levied by government on persons or property to meet public needs. -The Constitution places four limits on congress's power to tax: -(1) Congress may tax only for public purposes, not for private benefit. -(2) Congress may not tax exports. -(3) Direct taxes must be apportioned among the States, according to their populations. -(4) Indirect taxes must be levied at a uniform rate in all parts of the country.

Executive Powers

-Appointments All major appointments made by the President must be confirmed by the Senate by majority vote. Only 12 of 600 Cabinet appointments to date have been declined. "Senatorial courtesy" is the practice in which the Senate will turn down an appointment if it is opposed by a senator of the President's party from the state involved. -Treaties The President makes treaties "by and with the Advice and Consent of the Senate... provided two thirds of the Senators present concur."

The Borrowing Power

-Article I, Section 8, Clause 2 gives Congress the power "[t]o borrow Money on the credit of the United States." -Deficit financing is the practice of spending more money than received in revenue and borrowing to make up the difference. -The public debt is all of the money borrowed by the government over the years and not yet repaid, plus the accumulated interest on that money.

Foreign Relations and War Powers

-Congress has the inherent power to act on matter affecting the security of the nation. -Congress's war powers are extensive and substantial, including: the power to raise and support armies, to provide and maintain a navy, and to organize, arm, and discipline the military. -Congress also has the power to restrict the use of American forces in combat in areas where a state of war does not exist (War Powers Resolution of 1973).

Constitutional Amendments and Electoral Duties

-Constitutional Amendments Article V gives Congress the power to propose amendments by a two-thirds vote in each house. -Electoral Duties In certain circumstances, the Constitution gives Congress special electoral duties. If no candidate for President receives a majority in the electoral college, the House decides the election.

The Constitution grants Congress a number of specific powers in three different ways.

-Expressed powers -Granted to the Congress explicitly in the Constitution. -Implied powers -Granted by reasonable deduction from the expressed powers. -Inherent powers -Granted through the Constitution's creation of a National Government for the United States

Liberal Constructionists

-Led by Alexander Hamilton, favored a liberal interpretation of the Constitution, a broad interpretation of the powers given to Congress.

Strict Constructionists

-Led by Thomas Jefferson, argued that Congress could only be able to exercise (1) its expressed powers and (2) those implied powers absolutely necessary to carry out those expressed powers.

Impeachment Power

-The Constitution grants Congress the power of removing the President, Vice President, or other civil officers from their office through impeachment. -The House has the sole power to impeach, or bring charges against the individual. -There is then a trial in the Senate. A two-thirds vote of the senators present is needed for conviction.

The Currency and Bankruptcy Powers

-The Currency Powers -Article I, Section 8, Clause 5 gives Congress the power "[t]o coin Money [and] regulate the value thereof." -Legal tender is any kind of money that a creditor must by law accept in payment for debts. -The Bankruptcy power -Article I, Section 8, Clause 4 gives Congress "[t]o establish...uniform Laws on the subject of Bankruptcies throughout the United States." -Bankruptcy is the legal proceeding in which the bankrupt person's assets are distributed among those to whom a debt is owed.

The Necessary and Proper Clause

-The Necessary and Proper Clause gives to Congress the 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 1, Section 8, Clause 18.

The Commerce Power

-The commerce power—the power of Congress to regulate interstate and foreign trade—is granted in the Commerce Clause of the Constitution. -The Constitution places four limits on Congress's use of the commerce power: -(1) Congress cannot tax exports. -(2) Congress cannot favor the ports of one State over those of any other in the regulation of trade. -(3) Congress cannot require that *Vessels bound to, or from, one State, be obliged to enter, clear or pay Duties in another." -(4) Congress could not interfere with the slave trade (through 1808).

Investigatory Power

Congress may choose to conduct investigations through its standing committees for several reasons: 1)To gather information useful to Congress in the making of some legislation; 2)To oversee the operations of various executive branch agencies; 3)To focus public attention a particular subject; 4)To expose the questionable activities of public officials or private persons; 5)To promote the particular interests of some members of Congress.

Other Expressed Powers

Naturalization -The process by which citizens of one country become citizens of another. The Postal Power -Article 1, Section 8, Clause 7 says that Congress has the power "[t]o establish Post Offices and post Roads." Copyrights and Patents -Copyright- Exclusive right of an author to reproduce, publish, and sell his or her creative work. -Patent- Grants a person the sole right to manufacture, use, or sell "any new and useful art, machine, manufacture, or composition of matter." Weights and Measures -Congress has the power to "fix the Standard of Weights and Measures" throughout the United States. Judicial Powers -Congress may create al of the federal courts below the Supreme Court and structure the federal judiciary. -Congress may also define federal crimes and set punishment for violators of federal law. Power Over Territories and Other Areas -Congress has the power to acquire, manage, and dispose of various federal areas. -One way of acquiring property is through eminent domain, the inherent power to take property for public use.

Federal Spending

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The Implied Powers of Congress

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The power to Tax

Strict Constructionists