Congressional Powers

Expressed/Enumerated Powers (Legislative and Non-Legislative) in the U.S. Constitution and Implied Powers (Reading between the lines)

Congressional Power

Quick Review:

Congress is made up of the House of Representatives and the Senate

• House of Reps has 435 members (divided by state according to population)
• Reps serve for 2 year terms
• All Reps are up for re-election every 2 years
• Senate has 100 members (2 per state)
• Senators serve for 6 year terms
• One third of the Senate is up for re-election every two years

Exclusive Powers of Each House

House of Reps

• Power to initiate all tax and spending bills (revenue bills & appropriations bills)
• Impeachment of federal officials
• Choose the president if there is no majority in the electoral college

Senate

• Cabinet officers, Supreme Court justices, and ambassadors, must gain Senate approval.
• The Senate must ratify treaties with foreign countries.
• Trial of impeached officials
• Choose the VP if there is no majority in the electoral college

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Video: https://www.youtube.com/watch?v=n9defOwVWS8&feature=youtu.be&t=1m58s

Constitutional Powers

Congress was granted tremendous political power by the founders. These powers are listed primarily in Article I, Section 8, of the Constitution, which states that Congress has broad discretion to “provide for the common defense and general welfare of the United States.”

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What does this mean?

Congress has the authority to make and implement laws.

What are the basic powers of Congress?

Under the Constitution, Congress has three (3) sets of powers:

1. Expressed Powers: Powers specifically written out in the Constitution (Article I)
2. Implied Powers: Powers that are “suggested” in the Constitution, they are powers taken by Congress through reasonable deduction from the expressed powers
3. Non-Legislative Powers: Things Congress does to help the country run smoother

These powers are broken up into:

1. Legislative Powers: The power to pass laws
2. Non-Legislative Powers: Powers that do not require a �law to be passed

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Non-Legislative Powers

Also bestowed upon Congress in the Constitution are powers that are unrelated to the passing of laws. Reserved for special circumstances, these non-legislative powers are meant to keep the country running smoothly, and include:

• Electoral power
• When there is no majority in the Electoral College (rare)
• Removal power
• Impeachment and Trial of federal officials
• Confirmation power
• High level presidential appointees, including Cabinet and SC
• Ratification power
• Congress shapes foreign policy by ratifying treaties
• Amendment power
• Constitutional amendments may be proposed by ⅔ vote of both houses
• Investigatory power
• Congress has the power to investigate any matter that falls within the scope of its legislative powers.

Implied Powers (a.k.a. )

In Article 1, Section 8, Clause 18, the Constitution states that Congress has the power “…to make all laws which shall be necessary and proper for carrying into execution the foregoing powers”.

This phrase is referred to as “The Necessary and Proper Clause” as well as “The Elastic Clause” because it stretches the power of government, allows for any problems that the Founding Fathers could not have possibly foreseen.

“I walked through my living room, out of my house and into the �driveway.” It is implied that I walked out of my door to leave the �house.

Expressed Powers: Monetary

“Congress shall have the power to tax...”

What does it mean to tax?

• Taking public money for government use.

Why is it important?

• Pays for many public services that serve and protect citizens. (Schools, Roads, Military, etc.)

“Power of the Purse” is arguably the most important power of Congress

https://www.whitehouse.gov/2014-taxreceipt

Expressed Powers: Monetary

“Congress shall have the power to coin money...”

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The Currency Power includes:

1. Coining money = determining the types of currency to use and to make it (i.e. coins, bills). Includes power to punish counterfeiters.

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Expressed Powers: Monetary

“...regulate the value thereof, and ...”

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The Currency Power also includes:

2. Regulating the worth of paper money

In the past, they backed the bills with precious

metals (silver, gold, etc.), thus given it value.

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What does that mean?

Basically, you could (in theory) trade it in for certain amount of silver or gold.

**Today it is accepted that the US dollar has value. (no standard is needed)



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Expressed Powers: Monetary

“...fix the standard of weights and measures.”

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The Currency Power also includes:

3. Setting standard of weights and �measures

Metric versus Standard/English/Imperial

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What does that mean?

If the U.S. ever converted to the metric system that decision would be made by Congress.

Fun fact: The U.S. is one of only three countries in the world that does not use �the Metric system.



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Expressed Powers: Monetary

“Congress has the power to borrow...”

Borrowing involves: using money to finance projects that are not in the budget.

There is no Constitutional ceiling on how much can be borrowed. The “debt ceiling” is a legislative limit on the amount of debt the Treasury can issue to pay its bills. Raising the debt ceiling simply lets the government pay for things it has already decided to buy.

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Implied Powers: Monetary

Lay and collect taxes

Implies the power to federally support schools, social programs, transportation, public works, health services, technology, etc.

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Borrow money

Implies power to maintain the Federal Reserve Board (The Fed implements U.S. monetary policy.) Important because as the “central bank” it regulates and maintains stability of the financial system.

Expressed Powers: Commerce

“Congress shall have the power to regulate commerce...”

This means?

• They can regulate commerce with foreign nations and among the several states (interstate commerce).
• This power is very vague and often used as an umbrella to cover a wide range of actions, often exceeding the simply buying and selling of goods and services

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Implied Powers: Commerce

Regulate commerce

Implies the power to:

• Set a minimum wage
• Regulate air and water pollution
• Prohibit discrimination in restaurants, hotels, and other public accommodations

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Ex: Civil rights---> Heart of Atlanta Motel v. United States

Civil Rights Act prohibited discrimination in places of public accommodation based on race, color, religion, sex, national origin.

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Expressed Powers: Military/Foreign Policy

Foreign relations: suggest foreign policy, approve treaties

• Share foreign policy and national defense responsibilities with the President

War Powers: declare war (only 5 times), raise and maintain an army and navy, call up militias (Nat’l Guard), restrict non-war use of troops.

War Powers Act: President may not commit American troops to combat for more than 60 days without congressional notification.

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Implied Powers: Military/Foreign Policy

Raise and support an army

Implies the power to draft people into the armed services, as interpreted by the Supreme Court.

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Expressed Powers: Other Legislative Powers

“Congress will establish a uniform Rule of Naturalization...”

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• Naturalization: Process of becoming a US citizen
• Natural born = born in US territory or on US owned property, or to a US citizen.
• Naturalized = citizenship gained from another �country.

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Implied Powers: Other Legislative Powers

Establish laws of Naturalization

Implies the power to limit the number of immigrants to the United States.

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Expressed Powers: Other

“Congress has the power to establish Post Offices and post Roads...”

• Congress sets up post offices
• Establishes mail routes (including airways, railroads, and waterways)
• They also determine what can be legally carried in the mail and crimes related to the mail.
• All mail crimes are federal crimes
• EX: tampering with mail, use mail to commit fraud, damaging federal mailboxes (Unabomber, 2001 Anthrax scare...)

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Expressed Powers: Other

“Congress has the power to establish Post Offices and post Roads...”

• They also determine what can be legally carried in the mail and crimes related to the mail.
• All mail crimes are federal crimes
• EX: tampering with mail, using mail to commit fraud, damaging federal �mailboxes �(Unabomber, Anthrax scare)

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Expressed Powers: Other

“Congress shall promote the Progress of Science and useful Arts by securing...exclusive Right to their respective writings and Discoveries.”

Copyright: Exclusive right to an author for the publication and resale of their work.

Length: Good for life plus 70 years, depending on type of work.

Patent: Exclusive right of an inventor to manufacture, use, �and sell his or her invention for a specific period, �currently 17 years plus renewals.

Expressed Powers: Other

Other Congressional Powers:

• admit new states to the union
• pass laws to govern territories and federal lands
• Congress has control over the District of Columbia and American held territories such as Puerto Rico Congress also controls hundreds of military installations, post offices, prisons, parks, forests, and many other forms of federal property.
• establish courts inferior to the Supreme Court
• Congress has the power to create the federal courts and provides for the organization of the judicial system. Congress also creates laws that define crimes.

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Congressional Power Notes Check

Can you answer the following questions?

• What are the powers of Congress as enumerated (expressed) in the US Constitution?
• What powers are reserved specifically for the House of Representatives, and what powers are held by the Senate alone?
• What is the Constitution’s elastic clause, and how is it used to expand the powers of Congress? Can you give examples of some of these expanded (implied) powers?
• Which non-legislative powers does Congress have?

More practice: Complete this situational assignment applying your new knowledge of Congressional power. https://drive.google.com/open?id=0B9UCSbmq42fUcWtZeTRUQ0xURjA

Today in Class: Tuesday, November 10, 2015

Period 1

• Please take out paper for notes on Congressional Powers
• Quick review of the structure of Congress
• Introduction to the different kinds of Congressional Power

Today in Class: Thursday, November 12, 2015

Period 2

• Please take out paper for notes on Congressional Powers
• Quick review of the structure of Congress
• Introduction to the different kinds of Congressional Power