What are the expressed, implied, and other powers of congress?
Target 23: I can identify the expressed powers constitutionally delegated to congress (T4, L3).
Target 24: I can explain congress' use of implied and nonlegislative powers (T4, L4).
Target 25: I can distinguish among the three powers constitutionally applied by congress (T4, L3, L4).
Project: Congressional Powers PowerPoint Presentation
Congressional Powers PowerPoint Presentation 2021.docxNotes Mr. Dalebout Used:
Expressed Powers
COMMERCE:
Explain Gibbons v. Ogden (1824)
John Marshall case (always argues for Federal power)
Robert Fulton (invented steamboat) and Robert Livingston (founding father) make steamboat company
Get licenses to navigate rivers. They go to New York to get license for Hudson river, which gives them a monopoly to trade
Ogden who is former New jersey governor. He is against monopoly, but then is offered a stake in the Fulton franchise.
He brings partner Gibbons, but then Gibbons uses a FEDERAL license in Ogdens water (which is given a license by the state).
DECISION:
Clause 3 gives congress ability to regulate trade amongst states. What does this mean?
River goes between states, so it should be able to regulate rivers
Marshall says: It is “necessary” that Federal government regulate trade, so Gibbons WINS!
IMPLICATION: EXPANDS COMMERCE POWER AND POWER OF FEDERAL GOVERNMENT
Limits:
United States v. Lopez stated that the federal government could not make schools a Gun-Free School Zone. Commerce power did not extend that far.
Cannot tax exports, cannor favor ports of one state over another, cannot make one state pay another.
2. Money Powers
SHOW PG. 151
Power to tax (Article 1, section 8, Clause 1)
Direct v. indirect taxes
16th amendment gives federal government power to tax
indirect tax: raise in consumer prices because a business is tax
Cannot ...
tax churches,
for specific public purposes (not private benefit) - “To pay debts and provide for general welfare”.
Equal among states
Borrow money - public debt (all money borrowed - 20.5 trillion) and deficit financing (spending more than it takes in).
Public deby vs. deficit financing
Bill Clinton and Republican controlled congress “created” 4 years of surplus from 1998-2002
Bankruptcy 0 legal proceeding when one is unable to pay debts. - make uniform laws of bankruptcy (states also have this power)
Currency: “To coin money” - produce legal tender (any kind of money that a creditor must by law accept in payment for debts)
Legal tender: paper money. Hepburn v. Griswold said “to coin” meant to stamp metal, so paper currency was eliminated in 187. However, in 1884, they said the power was implied.
Cannot tax: private purposes, exports, apportion amondg states
3. Other powers
Copyrights and patents
Copyright - exclusive right of an author to reproduce, publish, and sell.
Patent - right to manufacture, use or sell and new useful “process, machine, composition, or improvement.”
Postal powers:
“To establish post offices and post roads” Article I, Sec 8, Clause 7
Acquire territories: parts of the united states that are not admitted as States and have their own systems of government
Puerto Rico, Guam, and the Virgin Islands.
Eminent domain: Take private property for public use, but the 5the amendment: “Only with just compensation.” and for public use, proper notice to owner, and fair price.
Determine weights and measures
1838 - set the english system of pound, ounce, mile, foot, gallon, quart…
Naturalization: Congress can establish uniform rules of naturalization.
War Powers
War Powers Resolution 1973: chief executive can only commit american military when 1) congress needs to declare war, 2) authorize military action, 3) when an attack on the us has occurred.
Implied Powers
Strict vs. liberal constructionist
Expressed v. implied (necessary and proper clause is elastic clause (Article 1, section 8, clause 18)
Show graph of expressed to implied powers
McCulloch v. Maryland 1819
Defines Federalism
Taken article 1 powers of currency, and “implied” a national bank that will set up shops in states to issue money
Philadelphia gets first National bank
Maryland has one opened by McCullough
Maryland doesn’t like this. Seen as infringing on states rights. Says banks need to be chartered by Maryland, or they can be taxed. Maryland leans into reserved powers.
McCulloch takes it to the supreme court
DECISION:
John Marshall (who believes the federal government should have more power) RULES FOR MCCULOCH.
Because there is historical precedents (Philadelphia)
The constitution is interpreted by congress to define what it says
And in this case, Congress uses clause 18 to say this is “necessary and proper”
Main point: CREATES IMPLIED POWERS. Allows federal government to have more power and decide how to do its job.
Electoral powers (elect if no clear winner of electoral college)
269 to 269 which is possible (need 538).
Each state gets one vote by a selected representative. Senators elect vp
Executive Powers:
“advice and consent” to president
approve treaties based upon 2/3 vote in senate
approve presidential appointments
12 out of 600 have been declined
Senatorial courtesy: senate will turn down an appoint if it is opposed by a senator of the presidents party
Impeachment: house brings charges, case heard in senate
https://www.youtube.com/watch?v=NRwPqfPFHSw
Amendment powers: propose amendments based on 2/3 vote of houses
Investigatory Power:
Choose to conduct investigations through its standing committees
To gather information to make decision
To oversee agencies
To expose questionable activities of public or private persons
To focus public attention on subject
To promote interests of some members of congress
Notes Mr. Dalebout Used:
Expressed Powers
COMMERCE:
Explain Gibbons v. Ogden (1824)
John Marshall case (always argues for Federal power)
Robert Fulton (invented steamboat) and Robert Livingston (founding father) make steamboat company
Get licenses to navigate rivers. They go to New York to get license for Hudson river, which gives them a monopoly to trade
Ogden who is former New jersey governor. He is against monopoly, but then is offered a stake in the Fulton franchise.
He brings partner Gibbons, but then Gibbons uses a FEDERAL license in Ogdens water (which is given a license by the state).
DECISION:
Clause 3 gives congress ability to regulate trade amongst states. What does this mean?
River goes between states, so it should be able to regulate rivers
Marshall says: It is “necessary” that Federal government regulate trade, so Gibbons WINS!
IMPLICATION: EXPANDS COMMERCE POWER AND POWER OF FEDERAL GOVERNMENT
Limits:
United States v. Lopez stated that the federal government could not make schools a Gun-Free School Zone. Commerce power did not extend that far.
Cannot tax exports, cannor favor ports of one state over another, cannot make one state pay another.
2. Money Powers
SHOW PG. 151
Power to tax (Article 1, section 8, Clause 1)
Direct v. indirect taxes
16th amendment gives federal government power to tax
indirect tax: raise in consumer prices because a business is tax
Cannot ...
tax churches,
for specific public purposes (not private benefit) - “To pay debts and provide for general welfare”.
Equal among states
Borrow money - public debt (all money borrowed - 20.5 trillion) and deficit financing (spending more than it takes in).
Public deby vs. deficit financing
Bill Clinton and Republican controlled congress “created” 4 years of surplus from 1998-2002
Bankruptcy 0 legal proceeding when one is unable to pay debts. - make uniform laws of bankruptcy (states also have this power)
Currency: “To coin money” - produce legal tender (any kind of money that a creditor must by law accept in payment for debts)
Legal tender: paper money. Hepburn v. Griswold said “to coin” meant to stamp metal, so paper currency was eliminated in 187. However, in 1884, they said the power was implied.
Cannot tax: private purposes, exports, apportion amondg states
3. Other powers
Copyrights and patents
Copyright - exclusive right of an author to reproduce, publish, and sell.
Patent - right to manufacture, use or sell and new useful “process, machine, composition, or improvement.”
Postal powers:
“To establish post offices and post roads” Article I, Sec 8, Clause 7
Acquire territories: parts of the united states that are not admitted as States and have their own systems of government
Puerto Rico, Guam, and the Virgin Islands.
Eminent domain: Take private property for public use, but the 5the amendment: “Only with just compensation.” and for public use, proper notice to owner, and fair price.
Determine weights and measures
1838 - set the english system of pound, ounce, mile, foot, gallon, quart…
Naturalization: Congress can establish uniform rules of naturalization.
War Powers
War Powers Resolution 1973: chief executive can only commit american military when 1) congress needs to declare war, 2) authorize military action, 3) when an attack on the us has occurred.
Implied Powers
Strict vs. liberal constructionist
Expressed v. implied (necessary and proper clause is elastic clause (Article 1, section 8, clause 18)
Show graph of expressed to implied powers
McCulloch v. Maryland 1819
Defines Federalism
Taken article 1 powers of currency, and “implied” a national bank that will set up shops in states to issue money
Philadelphia gets first National bank
Maryland has one opened by McCullough
Maryland doesn’t like this. Seen as infringing on states rights. Says banks need to be chartered by Maryland, or they can be taxed. Maryland leans into reserved powers.
McCulloch takes it to the supreme court
DECISION:
John Marshall (who believes the federal government should have more power) RULES FOR MCCULOCH.
Because there is historical precedents (Philadelphia)
The constitution is interpreted by congress to define what it says
And in this case, Congress uses clause 18 to say this is “necessary and proper”
Main point: CREATES IMPLIED POWERS. Allows federal government to have more power and decide how to do its job.
Electoral powers (elect if no clear winner of electoral college)
269 to 269 which is possible (need 538).
Each state gets one vote by a selected representative. Senators elect vp
Executive Powers:
“advice and consent” to president
approve treaties based upon 2/3 vote in senate
approve presidential appointments
12 out of 600 have been declined
Senatorial courtesy: senate will turn down an appoint if it is opposed by a senator of the presidents party
Impeachment: house brings charges, case heard in senate
https://www.youtube.com/watch?v=NRwPqfPFHSw
Amendment powers: propose amendments based on 2/3 vote of houses
Investigatory Power:
Choose to conduct investigations through its standing committees
To gather information to make decision
To oversee agencies
To expose questionable activities of public or private persons
To focus public attention on subject
To promote interests of some members of congress
This video is not from me but it has A LOT of information and it is a great tool for studying.