Transcript 330CongressPower

The Theory & Practice of
Government Power
Module 3.3: Powers of Congress
Lesson Objectives
• Identify the powers of Congress outlined in
the Constitution
• Identify the Constitutional limits against
Congress
• Explain why the powers of Congress are a
concern for citizens.
Why be concerned about
Congressional Power?
• Relative to its government, the US
Congress is the world’s most powerful
• All federal policy results from
congressional action
• Remember the character of
representatives
– Provincial
– Ambitious
– Factious
Question #1
•
Federal policy begins with
a)
b)
c)
d)
an executive order
a court decision
congressional action
all of the above
Constitutional Basis for
Congressional Power
The Congress shall have
power:
To Lay and collect taxes, duties, &
imposts, pay the debts and provide
for the common defense and general
welfare of the United States
• Express Powers
– Article 1 Section 8, clauses 1-17
• Implied Powers
– Article 1 Section 8, Clause 18
• A.k.a. the “elastic clause”
To borrow money on the credit
of the United States
To regulate commerce with foreign
nations, and among the several
states, and with the Indian tribes
Question #2
•
Where are the enumerated powers of
Congress found?
a)
b)
c)
d)
Article 1 section 10 of the US Constitution
Article 1 section 9 of the US Constitution
Article 1 section 8 of the Constitution
Amendments 1-8 of the US Constitution
The Congress shall have power…
• To establish an uniform rule of
Naturalization and uniform
Laws of the subject of
Bankruptcies throughout the
United States
• To coin Money, regulate the
value thereof, and of foreign
coin, and fix the standard of
weights and measures
• To provide for the punishment
of counterfeiting the securities
and current coin of the United
States
More Express Powers…
• To establish post offices
and post roads
• To promote the Progress
of Science and the Useful
Arts by securing for
limited times to Authors
and Inventors the
exclusive Right to their
respective writings and
Discoveries
Question #3
•
Distance markers on highways are
established by an act of Congress and
measure
a)
b)
c)
d)
distances to a city’s main post office
distances to a city’s federal building
distances to a city limit
distances to a city hall
Even More Express Powers of
Congress
• To constitute tribunals
inferior to the
supreme Court
• To define and Punish
Piracies and Felonies
committed on the
High Seas, and
Offences against the
Law of Nations
Question #4
•
Which of the following best describes the
power of Congress over federal courts?
a) Congress may determine the jurisdiction of
the Supreme Court
b) Congress may establish courts inferior to the
Supreme Court
c) Congress has no power over federal courts
d) Congress may establish state courts
Still more powers of Congress
• To Declare War, Grant letters of Marque and Reprisal, and to make
Rules concerning Captures on Land and Water
• To Raise and Support Armies
– Two year appropriation limit
• To provide and maintain a Navy
– No two year appropriation limit
• To make rules for the government and Regulation of the Land and
Naval Forces
Question #5
Which of the following is true of the Congressional power to
raise and support the armed forces?
a) Armies and the navy are supported continuously as
standing forces
b) The navy may be a standing force through permanent
appropriation while a 2-year appropriations limit is
placed on armies
c) Armies may be standing forces through permanent
appropriation while a 2-year appropriations limit is
placed on the navy
d) All armed forces are limited by a 2-year appropriations
limit
Even More Powers of Congress
• To provide for calling
forth the Militia
– to execute the laws of the
Union
– Suppress insurrections
– Repel invasions
• 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
One More Express Power
• 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
Government of the United
States
Question #6
•
Which of the following are powers of
Congress?
a.
b.
c.
d.
Regulate interstate commerce
Establish a uniform bankruptcy code
Coin money and regulate its value
All of the above
Now the Implied Powers…
• 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.
What does this mean?
Question #7
•
Which amendment to the Constitution
expanded the Congressional power to
tax?
a.
b.
c.
d.
Amendment 18
Amendment 16
Amendment 14
Amendment 12
Question #8
•
Which provisions in the US Constitution
explain the expansion of Congressional
power in the last century?
a. the commerce clause and the elastic clause
b. the elastic clause and the 14th Amendment
c. the commerce clause and the 14th
Amendment
d. the elastic clause and the ‘necessary and
proper’ clause
Limits of Congressional Power
•
•
•
•
Article 1 Section 9
Amendments 1-3
Amendments 15,19,24,26
Amendment 27
Question #9
•
Which of the following is denied to
Congress?
a.
b.
c.
d.
retroactive criminal statutes
the franking privilege
variance in compensation
declarations of war
Question #10
What is a bill of attainder and when can
Congress issue one?
a. a bill of attainder declares an individual an enemy
and Congress can issue one on declaration of war.
b. a bill of attainder appropriates emergency funding
and Congress can issue one on declaration of war.
c. a bill of attainder appropriates emergency funding
and Congress can only issue one at the President’s
request.
d. a bill of attainder declares an individual an enemy
and Congress can never issue one.
Question #11
• Which limitation against Congress do you
think is the most important?
a) Against bills of attainder and ex post facto
laws
b) Against drawing money from the treasury
except through appropriations
c) Against granting titles of nobility
d) Against voting themselves an immediate pay
raise
e) Against establishing a preferred port