Powers of Congress

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Article 1
POWERS OF CONGRESS
WHY DO WE NEED A CONSTITUTION?
To Limit the Power of Government.
POWER OF CONGRESS
The power of congress is also limited.
 The constitution places many restrictions on
the congress.
 The powers of Congress are listed in
ARTICLE 1 SECTION 8.
 The powers denied Congress are listed in
ARTICLE 1 SECTION 9.

ARTICLE 1 SECTION 8
“Enumerated or Expressed”
Powers of Congress
ARTICLE 1 SECTION 8 EXPRESSED POWERS
Clause 1: The Congress shall have 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; but all Duties, Imposts and Excises shall be
uniform throughout the United States;
All money must be used for public use.
Income Tax is the govt.’s largest revenue source.
Direct Tax – levied against a person directly.
Indirect Tax – not levied directly against a person (Ex: Tariff-a
tax on imports – also considered a Protective Tax).
Government Cannot Tax Exports.
ARTICLE 1 SECTION 8 EXPRESSED POWERS
Clause 2: To borrow Money on the credit of the
United States;
This is most often done through the sale of
bonds. The constitution does not limit the
amount the govt. may borrow, but a debt ceiling
law passed by congress does.
ARTICLE 1 SECTION 8 EXPRESSED POWERS
Clause 3: To regulate Commerce with foreign
Nations, and among the several states, and
with the Indian Tribes
Interstate: Between the states
Intrastate: Within the States
ARTICLE 1 SECTION 8 EXPRESSED POWERS
Clause 4: To establish an uniform Rule of
Naturalization, and uniform Laws on the
subject of Bankruptcies throughout the United
States;
Bankruptcy – a proceeding in which a persons
assets are distributed to whom a debt is owed.
ARTICLE 1 SECTION 8 EXPRESSED POWERS
Clause 5: To coin Money, regulate the Value
thereof, and of foreign Coin, and fix the
Standard of Weights and Measures;
Examples: Time, Distance, Weight, Volume, Area
ARTICLE 1 SECTION 8 EXPRESSED POWERS
Clause 6: To provide for the Punishment of
counterfeiting the Securities and current coins,
paper money, bonds, ect… of the United States;
Counterfeit: to Falsify Currency
ARTICLE 1 SECTION 8 EXPRESSED POWERS
Clause 7: To establish Post Offices and post
Roads;
Example: Rural Routes
It is a “FEDERAL” Crime to tamper with the mail.
ARTICLE 1 SECTION 8 EXPRESSED POWERS
Clause 8: To promote the Progress of Science and
useful Arts, by securing for limited Times to
Authors and Inventors the exclusive Right to their
respective Writings and Discoveries;
Copyrights: Exclusive Right to control the
reproduction , publication, or sale of Literary,
Musical or other creative works. Life + 50 Years
Patents: Exclusive Right to control the manufacture
or sale of a person’s inventions. 17 years
ARTICLE 1 SECTION 8 EXPRESSED POWERS
Clause 9: To constitute Tribunals inferior to the
supreme Court;
Gives congress the power to set up lower Federal
Courts beneath the Supreme Court
ARTICLE 1 SECTION 8 EXPRESSED POWERS
Clause 10: To define and punish Piracies and
Felonies committed on the high Seas, and
Offences against the Law of Nations;
This applies to areas outside the international 12
mile limit and the 200 mile U.S. claims.
ARTICLE 1 SECTION 8 EXPRESSED POWERS
Clause 11: To declare War, grant Letters of
Marque and Reprisal, and make Rules
concerning Captures on Land and Water;
Only congress can declare war, but the President
can make war without a formal declaration, but
only for a specified amount of time (War
Powers Resolution of 1973).
ARTICLE 1 SECTION 8 EXPRESSED POWERS
Clause 12: To raise and support Armies, but no
Appropriation of Money to that Use shall be for
a longer Term than two Years;
An example of an implied power of this clause is
the DRAFT
ARTICLE 1 SECTION 8 EXPRESSED POWERS
Clause 13: To provide and maintain a Navy
ARTICLE 1 SECTION 8 EXPRESSED POWERS
Clause 14: To make Rules for the Government
and Regulation of the land and naval Forces;
(Military Justice ie: Court Marshals)
ARTICLE 1 SECTION 8 EXPRESSED POWERS
Clause 15: To provide for calling forth the Militia
to execute the Laws of the Union, suppress
Insurrections and repel Invasions;
ARTICLE 1 SECTION 8 EXPRESSED POWERS
Clause 16: To provide for organizing, arming, and
disciplining, the Militia, and for governing such
Part of them as may be employed in the Service of
the United States, reserving to the States
respectively, the Appointment of the Officers, and
the Authority of training the Militia according to the
discipline prescribed by Congress;
Allows the states to have a local militia (National
Guard) and to appoint state militia officers, but
congress reserves the right to call these units into
Federal Service
ARTICLE 1 SECTION 8 EXPRESSED POWERS
Clause 17: To exercise exclusive Legislation in all Cases whatsoever, over such
District (not exceeding ten Miles square) as may, by Cession of particular
States, and the Acceptance of Congress, become the Seat of the
Government of the United States, and to exercise like Authority over all
Places purchased by the Consent of the Legislature of the State in which the
Same shall be, for the Erection of Forts (Military Bases), Magazines,
Arsenals (Weapon Storage), Dock-Yards (Military Ports), and other needful
Buildings; —And
Clause 18 : 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.
Also known as the “ELASTIC CLAUSE” Gives congress the power to make all
laws that are “Necessary and Proper.” (Ex: Speed Limits)
2 CATEGORIES OF POWER BELONGING TO
CONGRESS
Legislative – Constitutional powers that form
the base on which Congress can and does
make law.
 Non-Legislative – Powers through which
Congress can and does carry out other
functions closely related to it authority to make
law. (ex: Impeachment, Censure, Oversight
Function, Electoral Duties, Amendments.)

POWERS OF CONGRESS
The powers given Congress whether Legislative or
Non-Legislative can be divided in 3 Different types
that define where these powers come from.
1. Expressed: (Sometimes called enumerated)
Powers that are expressly written in the
constitution.
2. Implied: Powers that are implied from expressed
powers.
3. Inherent: Powers of the National Govt. that
belong to it because it is the nation govt. Ex:
Acquire territory, protect against invasion, etc…
POWER STRUGGLE

Federalist/Anti-Federalist argued over the
adoption of the constitution.
 Strict
Constructionalist – (Jefferson) believed that
govt. had only those powers given to it by the
constitution. (Democratic-Republican Party)
 Liberal Constructionalist – (Hamilton) believed that
the Congress had more powers than what were
written in the constitution. (Federalist Party)
POWER STRUGGLE

The Liberal Constructionalist eventually won this
argument after several important Supreme Court
Cases. Some even over expressed powers.
Gibbons vs. Ogden – Upheld the Congress’s Right to
regulate interstate commerce.
 Hepburn vs. Griswald – S.C. stated that the federal
govt. did not have the right to print paper money.
 Legal Tender Cases – Juliard vs. Greenman – in these
cases the S.C. reversed its decision in Hepburn vs.
Griswald and upheld the issuing of paper money.

POWER STRUGGLE

Arguments over Implied Powers
 McCulloch
vs. Maryland – The supreme court
upheld the concept of Implied Powers (that there
were more powers than what are expressly written
in the constitution.
ARTICLE 1 SECTION 8 CLAUSE 18

The necessary and proper clause.
 Also
known as the elastic clause because it
increases the power of the federal govt.
5 THINGS THAT CONTRIBUTED TO THE GROWTH
OF NATIONAL POWER
Wars
 Economic Crises
 National Emergencies
 Advances in Technology
 Peoples Demand for Services

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