Transcript Day 27 Legislative Branch

Powers of Congress
Topic 4 (Day 2)
Guiding Question: What should be the
limits on the powers of Congress?
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Standards
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USG.2.4 Explain the history and provide examples of foundational ideas of
American government embedded in the Founding-Era documents such as: natural
rights philosophy, social contract, popular sovereignty, constitutionalism,
representative democracy, political factions, federalism, and individual rights.
USG.3.2 Explain the constitutional principles of federalism, separation of powers,
the system of checks and balances, republican government or representative
democracy, and popular sovereignty; provide examples of these principles in the
governments of the United States and the state of Indiana.
USG.3.3 Identify and describe provisions of the United States Constitution and the
Indiana Constitution that define and distribute powers and authority of the federal
or state government.
USG.3.7 Explain the relationships among branches of the United States
government and Indiana government, which involve separation and sharing of
powers as a means to limited government.
USG.3.9 Explain how a bill becomes law in the legislative process of the United
States and the state of Indiana.
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Unit 4
GENERAL INFORMATION
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Expository Essay Prompt – Unit 3
(Branches)
• At the conclusion of Unit 3 (Branches (Chapters 10
through15, 18, and 24 sections 4-5) you should be able
to write an expository essay* on the following
question:
• How do all 3 branches participate in the legislative process?
• *The expository essay is a genre of essay that requires
the student to investigate an idea, evaluate evidence,
expound on the idea, and set forth an argument
concerning that idea in a clear and concise manner.
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Essential Key Terms – Unit 3
separation of
powers;
checks and
balances;
bicameral;
limited
government;
partisan;
federalism;
legislative
process;
due process;
judicial review;
strict
construction;
loose
construction;
veto;
rider;
filibuster;
cloture;
standing
committee;
conference
committee;
pocket veto;
state of the union;
formal
qualifications;
informal
qualifications;
impeachment;
gridlock;
appointment;
confirmation
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Chapter 11 Vocabulary
Expressed Powers
Implied Powers
Inherent Powers
Commerce Power
Tax
Public Debt
Deficit Financing
Bankruptcy
Legal tender
Copyright
Patent
Territory
Eminent Domain
Censure
Naturalization
Subpoena
Necessary and Proper
Clause
Strict Constructionist
Liberal Constructionist
Consensus
Civil Rights Act, 1964
Appropriate
Title IX, 1972
Successor
IDEA, 1990
Impeach
ADA, 1990
Acquit
Perjury
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Topic 4.3
Learning Target: I can describe the three types of power delegated to
Congress.
THE EXPRESSED POWERS OF
MONEY AND COMMERCE
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The Delegated Powers
• Powers given to Congress by the Constitution
1. Expressed Powers – Specifically granted by
USC (27 in total)
2. Implied Powers – Reasonably deduced by
from the Expressed Powers
3. Inherent Powers – Created by the very
existence of a National Government
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The Commerce Power (Expressed)
• The Commerce Clause – gives Congress the power to
regulate commerce with foreign states, Indian tribes,
and among the various states.
– Gibbons v. Ogden, 1824 – The CC is interpreted VERY
broadly
• The Civil Rights Act of 1964 and ADA were based on the CC
(specifically, the prohibition on discrimination in hotels, theaters,
businesses, etc.)
– Limits under the USC:
1.
2.
3.
4.
Congress cannot tax exports
Congress cannot favor the ports of any 1 state
Congress cannot impose duties or limitations on vessels
traveling between states
No interference with the slave trade (now dead)
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The Power to Tax (Expressed)
• Congress may levy taxes to pay debts, provide for
the common defense, and promote the general
welfare.
– Limits under the USC:
1. Congress may only tax for public purposes (not private)
2. Congress may not tax exports
3. Congress must apportion taxes among the various states
according to their populations
– 16th Amendment = Income Taxes without
apportionment
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THE $$$$ Powers (Expressed)
• Borrowing Power – the power to borrow $$$$
on the credit of the U.S.
• Bankruptcy Power – the power to establish
bankruptcy laws (how debts will be paid)
– Chapter 7 = liquidation of property to settle debt
– Chapter 13 = individual debt adjustment
• Currency Power – the power to coin and print
$$$$
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Chapter 11, Section 2
Learning Target: I can describe how the expressed powers granted to
Congress in the Constitution reflect the Framers’ commitment to creating
a strong but limited National Government.
THE OTHER EXPRESSED POWERS
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Foreign Policy & War Powers
• Powers are shared by Congress and the President
– Foreign Policy
• President has primary responsibility
• Congress controls (Spending, Taxation, foreign commerce
[implied - national security, immigration, etc.]
– War Powers
• President dominates as Commander in Chief
• Only Congress can declare war or raise $$$ to support the
military
• Only Congress can raise a militia
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Domestic Powers
• Congress also controls:
– Copyrights – author’s exclusive right to reproduce/sell some
work (70 yrs.)
– Patents – creator’s sole right to mfg., sell, or use a new process
or machine etc. (20 yrs.)
– Postal Powers – power to carry all mail (USPS is an independent
agency)
– Territories and Other Areas – administration and management
– Weights & Measures – uniform weights and measures
– Naturalization
– Judicial Powers – creation of federal courts below the USSC,
definition of federal crimes and punishments, piracy, treason,
etc.
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Topic 4.4
Learning Target: I can describe how the doctrine of Implied Powers has
increased the powers of Congress.
THE IMPLIED POWERS
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Necessary and Proper Clause
(the root of the implied powers)
• Gives Congress the power to make laws
“necessary and proper” to execute the powers
vested by the USC in the Government of the
US or any Department thereof.
• Strict v. Liberal Construction
– Strict – enumerated powers + only implied powers
that are absolutely necessary (small government)
– Liberal – enumerated powers + whatever is
necessary (widely approved of)
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Necessary & Proper in Practice
• Commerce Clause
– Broadly defined to give Congress power over
virtually every form of economic activity in the
U.S.
• War Powers
– Congress has the implied power to do whatever is
necessary to wage war (draft etc.)
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Chapter 11, Section 4
Learning Target: I can describe the Nonlegislative Powers delegated to
Congress by the Constitution.
THE NONLEGISLATIVE POWERS
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Nonlegislative Powers
• Constitutional Amendments
– Congress may call a national convention of delegates from each state
to propose an amendment (if requested by 34 of the state legislatures)
• Electoral Duties
– HOR may be called on to elect a president if no one receives a majority
of electoral votes
– Senate may be called on to elect a vice president if no one receives a
majority of electoral votes
– HOR and Senate must elect VP if there is a vacancy (majority vote in
both houses)
• Impeachment
– of any President, VP, or Civil Officer
– Only the HOR has the power to impeach executive & judicial officers
– Only the Senate has the power to try impeachments
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Nonlegislative Powers
• Executive Powers
– Major Appointments must be confirmed by senate
– Minor appointments only turned down if opposed by
a Senator from the President’s party
• The Power to Investigate
– Both housed form committees to:
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Gather information necessary to frame legislation
Oversee various agencies
Focus public attention on a particular matter
Expose questionable activities of public officials
Promote interests of members of Congress
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Check your understanding
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Review the learning targets • Only the HOR has the power
Review the guiding questions to: (see pg. 325)
Review the vocabulary
What are the 4 legislative
checks on the Executive
Branch (see pg. 325)
• What are the2 legislative
checks on the Judicial Branch
(see pg. 325)
• Only the Senate has the
power to: (see pg. 325)
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The Powers of Congress Comic Strip Assignment
Working in PAIRS create a comic strip that
illustrates and explains in your own words 2
powers that our Congress has:
• Money and Commerce (pp. 296303)
• Other Expressed Powers (pp. 30409)
• Implied Powers/necessary and
Proper Clause (pp. 312-16)
• Non-Legislative Powers (pp. 318-24)
Each group must come up with a Super
Hero (e.g. TERRITORIAL
ADMINISTRATION MAN & OTHER BOY)
and art work.
Note: Each PAIR should illustrate and
explain 2 different powers and complete at
least 1 page.
Be Prepared to Present and Explain.
Timer
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…Da POWERS…
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TYPES
– Expressed
– Implied
– Inherent
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EXPRESSED POWERS (296309
– Regulate Commerce
– Tax
•
– Borrow
– Bankruptcy
– Currency
– Foreign Policy
– War Powers
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– Copyright
– Patent
– Postal
– Territorial
Administration & Other
– Naturalization
– Judicial
IMPLIED POWERS (312-16)
– Necessary and Proper
• Commerce
• War
NONLEGISLATIVE (318-24)
– Constitutional
Amendment
– Electoral
– Impeachment
– Executive
– Investigative