Powers of Congress
Powers of Congress
• Expressed Powers
– Powers that are explicitly in the specific
wording of the constitution.
• Implied Powers
– Powers determined by reasonable deduction
from the expressed powers
• Inherent powers
– Powers needed by creating a national
government for the United States
Strict Constructionist
• Led by Thomas Jefferson and the other
Anti-Federalist and insisted that:
– The expressed powers
– Use of implied powers necessary to carry out
the expressed powers
• Wanted the States to keep as much power
as possible.
Liberal Constructionists
• Favored a liberal interpretation of the
Constitution. Led by Alexander Hamilton.
– They wanted “an Energetic Government”
where the federal government had more
power.
• Consensus
– General agreement among the American
people that we have adopted a broader
interpretation of the Constitution.
Taxes
• Is a charge levied by government on persons or property
to raise money to meet public needs.
• In 2014 the U.S. Government took in 2.1 trillion dollars
• Direct Tax
– Is one that must be paid directly to the government by the person
on whom it is imposed.
• Taxes on land
• Taxes on property
• Car Taxes
• Indirect Tax
– Is on that is paid by one person but then passed on to another.
• Cigarette tax
• Gasoline tax
Limits to the Taxing Power
• Congress may only tax for public
purposes, not for private benefit.
• Congress may not tax exports. Taxes can
be levied on imports.
• Direct taxes must be apportioned among
the states, according to their population.
• “All duties, imposts, and excises shall be
uniform throughout the United States.
The Borrowing Power
• The Constitution allows Congress to borrow
money on the credit of the United States.
• Public Debt
– Is all the money that is borrowed by the Federal
Government over the years and not yet repaid.
• Deficit Financing
– The process of regularly spending more than it takes
in each year and then borrowing to make up the
difference.
Commerce Power
• The power of Congress to regulate
interstate and foreign trade.
• The Court has used the Commerce Power
in many areas of American Life to expand
the authority of the Federal Government.
– Used to force the Civil Rights Act of 1964.
Limits of the Commerce Powers
• Cannot Tax Exports
• Cannot favor the ports of one State over
those of any other in regulating trade.
• Cannot require vessels that are bound for
another State to pay Duties in another.
• Cannot interfere with the slave trade until
1808.
Currency Power
• Gives Congress the power to coin money
and regulate the value thereof.
• Legal Tender
– Any type of money that a creditor must by law
accept in the payment of debts.
Bankruptcy
• The legal preceding in which the
bankrupt’s assets are distributed among
those to whom a debt is owed.
p 292
• What point is the cartoonist making about
the big government/small government
debate? What details in the drawing help
to make the point?
– That if the government gets too small, it
becomes ineffectual. The fact that the tree
has no branches on which apples can grow
help make his point.
• Explain the differences among Congress’s
expressed powers, implied powers, and
inherent powers.
– Expressed powers are stated explicitly in the
Constitution, implied powers are those that
can be reasonably deduced from the
expressed powers, and inherent powers are
those that are traditionally held by
governments.
•
Compare the views of a strict
constructionist and a liberal
constructionist.
– Strict: Congress should only have expressed
powers and those implied powers necessary
to carry them out.
– Liberal: The Constitution can be interpreted
more liberally to give Congress additional
powers.
p 295
• What major shifts in federal spending
occurred between 1986 and 1996 and
between 1996 and 2006?
– Spending on national defense decreased,
while health and medical spending increased.
– Spending on net interest decreased. Only
health and medical spending increased
significantly.
p 296
• According to the cartoon, how successful
have been repeated efforts to simplify
federal income tax forms?
– Not particularly successful; tax payers still
must read through pages of directions, fill out
several different forms, and interpret
complicated tables in order to file their taxes.
p 299
• Why do you think some forms of currency
succeeded while others failed?
– Forms of currency can only succeed if they
have public confidence and are perceived as
useful by the people.
• Explain the difference between a direct tax
and an indirect tax, and give example of
each.
– A direct tax must be paid by the person on
whom it is imposed. Tax on land
– A indirect tax is passed on to another person.
Tax on gasoline.
•
What three factors brought about the
recent return to deficit financing at the
federal level?
– Downturn in the nations economy
– Tax cuts in 2001-2003
– War on Terrorism.
•
Give three examples how Congress uses
its commerce power?
– Regulating commerce with foreign powers
and between states.
– Preventing monopolies and discrimination in
access to public places.
Quick Write
• Should the Commerce Clause be used to
force states into adopting laws that they
resist?