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[ 4.3 ] The Expressed [ 4.3 ] The Expressed

[ 4.3 ] The Expressed - PowerPoint Presentation

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[ 4.3 ] The Expressed - PPT Presentation

43 The Expressed Powers The Expressed Powers Learning Objectives Describe the three types of powers delegated to Congress Understand the expressed powers of Congress including the commerce taxing bankruptcy and borrowing powers and explain why the Framers gave Congress the power to is ID: 765893

power powers states congress powers power congress states war commerce expressed government foreign clause tax congressional money federal united

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[ 4.3 ] The Expressed Powers

The Expressed Powers Learning Objectives Describe the three types of powers delegated to Congress. Understand the expressed powers of Congress, including the commerce, taxing, bankruptcy, and borrowing powers, and explain why the Framers gave Congress the power to issue currency. Identify the key sources of the foreign relations powers of Congress. Describe the power-sharing arrangement between Congress and the President on the issues of war and national defense. List other key domestic powers exercised by Congress.

[ 4.3 ] The Expressed Powers Key Terms expressed powers implied powers inherent powers commerce power Hudson River John Marshall tax District of Columbia public debtdeficit financingBill Clintonbankruptcylegal tendercopyrightpatentBostonPhiladelphiaBenjamin Franklin territories eminent domain naturalization Lyndon Johnson Richard Nixon

Types of Congressional Powers A typical day in either chamber of Congress might suggest that there is no limit to what Congress can do. On any given day, the House might consider bills dealing with such varying matters as the interstate highway system, an increase in the minimum wage, and grazing on public lands. Meanwhile, the Senate might be considering aid to a famine-stricken country in Africa, the President’s nomination of someone to fill a vacancy on the Supreme Court, or any number of other matters.

The Scope of Congressional Powers The U.S. Government is a limited government. Explain how the following limit the power of Congress: Article 1, sec.8 Article 1, sec. 9 Bill of Rights Federalism and the 10 th Amendment

Types of Congressional Powers How do these powers help to create a limited government? Congressional Power (Review) The Constitution grants Congress a number of specific powers in three different ways. (148 TPS)

Congressional Expressed Powers (Art. 1, Sec. 8.) 1. The Congress shall have Power tax 2. To borrow Money on the credit of the United States; 3. To regulate trade 4. To establish a uniform Rule of Naturalization 5. To establish uniform Laws on the subject of Bankruptcies throughout the United States; 6. To coin Money, regulate the Value thereof, and of foreign Coin, and fix the Standard of Weights and Measures; 7. To provide for the Punishment of counterfeiting the Securities and current Coin of the United States; 8. To Establish post offices and post roads9. Patents and copyrights;10. To constitute Tribunals inferior to the supreme Court;11. To define and punish Piracies and Felonies committed on the high Seas, and Offenses against the Law of Nations;

Congressional Powers ------------------------------------ war/defense- -------------------------- 12. To declare War, grant Letters of Marque and Reprisal, and make Rules concerning Captures on Land and Water; 13. To raise and support Armies; 14. To provide and maintain a Navy; 15. To make Rules for the Government and Regulation of the land and naval Forces; 16. To provide for calling forth the Militia to execute the Laws of the Union, suppress Insurrections and repel Invasions ; 17. 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;

Congressional Powers 17. 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; -----------------------------------------D.C. and …-------------------------------------- 18. 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, Magazines, Arsenals, dock-Yards, and other needful Buildings; And... 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 do we call this last clause? What kind of power is derived from it?

H.O.The Scope of Congressional Powers

The Expressed Powers Learning Objectives Describe the three types of powers delegated to Congress. Understand the expressed powers of Congress, including the commerce, taxing, bankruptcy, and borrowing powers, and explain why the Framers gave Congress the power to issue currency. Identify the key sources of the foreign relations powers of Congress. Describe the power-sharing arrangement between Congress and the President on the issues of war and national defense. List other key domestic powers exercised by Congress.

Commerce, generally, is the buying and selling of goods and services. The commerce power—the power of Congress to regulate interstate and foreign trade—is vital to the welfare of the nation. Its few words have prompted the growth of the greatest open market in the world. The Commerce Clause proved to be more useful for the building of a strong and United States out of a weak confederation than any other provision in the Constitution. The commerce power —the power of Congress to regulate interstate and foreign trade—is granted in the Commerce Clause of the Constitution. “ To regulate Commerce with foreign Nations, and among the several States, and with the Indian Tribes” -Article 1, section 8, clause 3

The Commerce Power Gibbons v. Ogden, 1824

Gibbons and Commerce Power What were the three most important points to come out of the Gibbons ruling (149)? In Gibbons v. Ogden, Chief Justice John Marshall ruled that: Congress has the power to regulate interstate commerce federal laws take precedence over State laws .Commerce is more than the movement of Goods.

Commerce Clause Cases (review) How was the Heart of Atlanta Motel v. United States case related to Gibbons? (149,50) What was the effect of Lopez v. US on the use of the Commerce clause? (150 )

Limits on The Commerce Power?

Commerce Power: Explain the reasoning behind the following statement from your text: The commerce clause proved to be more responsible for the building of a strong and “United” States out of a weak Confederation than any other provision in the Constitution.

The Money Powers Congress has several expressed powers related to money, including the power to tax, the power to borrow, the power to establish laws on bankruptcy, and the power to coin money. These congressional powers have played an important role in the forming of our nation. The Purpose of Taxes? Limits on the Taxing Power? The Borrowing Power…Limits? The Bankruptcy Power…Why not let the states do this?The Currency Power…Why not let the States do this?

The Power To Tax The Constitution gives Congress the 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.…” —Article I, Section 8, Clause 1

Brainstorm What limits would/should we place on the federal government’s power to tax? How should taxes be structured? i.e. Who should pay…and how much?

Limits on the Taxing Power A tax is a charge levied by government on persons or property to meet public needs. The Constitution places four limits on Congress’s power to tax:

Limits on the Taxing Power A tax is a charge levied by government on persons or property to meet public needs. The Constitution places four limits on Congress’s power to tax: What is the relationship between the 16 th Amendment and number 3 above?

Income Distribution and Tax Revenues?

The Money Powers 4 Questions please… Some categories of spending federal taxes in 2013 did not exist 1800 and 1900.Analyze Charts How do these categories differ from the other categories?

The Borrowing Power Article I, Section 8, Clause 2 gives Congress the power “[t]o borrow Money on the credit of the United States.” Deficit financing is the practice of spending more money than received in revenue and borrowing to make up the difference. The public debt is all of the money borrowed by the government over the years and not yet repaid, plus the accumulated interest on that money. Debt Clock Chapter 11, Section 2 3 4 1 5 CQ Researcher: Debt

Reading and Response:A Balanced Budget Amendment?? How would such an Amendment work?Why can’t Congress simply pass a balanced budget law? What are the Pros and Cons? Would you support it…Explain?

The Currency and Bankruptcy Powers The Currency PowerArticle I, Section 8, Clause 5 gives Congress the power “[t]o coin Money [and] regulate the value thereof.” Legal tender is any kind of money that a creditor must by law accept in payment for debts. The Bankruptcy power Article I, Section 8, Clause 4 gives Congress the power “[t]o establish…uniform Laws on the subject of Bankruptcies throughout the United States.” Bankruptcy is the legal proceeding in which the bankrupt person’s assets are distributed among those to whom a debt is owed. Why not let the states have these powers?

Other Domestic Powers The other expressed powers relate to domestic matters. Each of them has a direct and a considerable effect on the daily lives of the American people. Copyrights and Patents The Postal Powers Territories and Other Areas Weights and Measures Naturalization Judicial Powers

Other Expressed Powers Copyrights and Patents…Why? A copyright is the exclusive right of an author to reproduce, publish, and sell his or her creative work. A patent grants a person the sole right to manufacture, use, or sell “any new and useful art, machine, manufacture, or composition of matter.” How is a copyright different from a patent? A patent drawing by Thomas Edison for an improvement to electric lamps. By assigning rights to intellectual property, patents and copyrights encourage creativity and progress.

More Expressed Powers Weights and Measures Congress has the power to “fix the Standard of Weights and Measures” throughout the United States. Power Over Territories and Other Areas Congress has the power to acquire, manage, and dispose of various federal areas. One way of acquiring property is through eminent domain , the inherent power to take private property for public use. Judicial Powers Congress may create all of the federal courts below the Supreme Court and structure the federal judiciary. Congress may also define federal crimes and set punishment for violators of federal law.

Other Expressed Powers Naturalization…WHY? Naturalization is the process by which citizens of one country become citizens of another. The Postal Power…WHY? Article I, Section 8, Clause 7 says that Congress has the power “[t]o establish Post Offices and post Roads.”

Congress and Foreign Policy The Federal Government has greater powers in the field of foreign affairs than it does in any other area of public policy. WHY? The 50 States that comprise the Union are not sovereign, so they have no standing in international law. In short, the Constitution does not allow them to take part in foreign relations.

The War Powers Six of the 27 expressed powers set out in Article I, Section 8 deal explicitly with the subject of war and national defense. Remember that here, too, Congress shares power with the chief executive.

Foreign Relations and War Powers Congress has the inherent power to act on matters affecting the security of the nation . The Commerce Clause also grants Congress the power to regulate foreign trade..which can and is used in foreign relations…How?? Sanctions Against Iran Congress’s war powers are extensive and substantial, including: the power to raise and support armies, to provide and maintain a navy, and to organize, arm, and discipline the military . Congress also has the power to restrict the use of American forces in combat in areas where a state of war does not exist (War Powers Resolution of 1973)

The War Powers Resolution 1973 President must consult w/ Congress before introducing armed forces into hostilities Consult with Congress regularly until troops removed If war not declared, President must submit report to Congress within 48 hours of troop deployment President must remove troops after 60 days (+30 days for withdrawal) if Congress has not declared war Can you recall the Provisions???

War & Peace - Whose Power Is It? What is the difference between “Make war” and Declare War? How have we interpreted this distinction in the past? What are the problems with Congress in regard to exercising its war powers? Has Congress abdicated its Constitutional power over war-making with the WPR? Is there a Constitutional problem with the War Powers Resolution? If so, how could it be solved?

SG and Realize

Quiz: Types of Congressional Powers Which of the following BEST characterizes Congress’s expressed powers? These are powers thatA. are part of a federal system of government, such as the power to create a national school system. B. are part of being a sovereign nation, such as the power to patrol a nation’s borders. C. are reasonably deduced by wording in the Constitution, such as the power to regulate wages for hourly workers. D. are stated in the Constitution, such as creating an interstate highway system.

Quiz: The Commerce Power Which of the following is Congress prevented from doing due to limits placed on the commerce power by the Constitution? A. passing a law that prevents hotels from banning people of certain religions B. passing a law that requires city buses to be wheelchair-accessible C. placing a tax on avocados exported to Europe from California D. regulating licenses for ships operating on waters between States

Quiz: The Money Powers What was the purpose of the Framers granting Congress the power to tax?A. to ensure that the Federal Government would obtain revenue B. to ensure that the States would be able to use the revenue C. to ensure that the States would remain impotent D. to ensure that wealth was evenly distributed among the States

Quiz: Other Domestic Powers Congressional weights and measures powers and postal powers both played important roles in the forming of our nation by A. enabling the federal government to remain sovereign over the States. B. helping support the congressional power to tax. C. helping the federal government establish eminent domain. D. providing uniform, consistent services and standards.

Quiz: Congress and Foreign Policy What is one congressional power that allows the legislative branch to check the foreign affairs powers of the President? A. the spending power B. the taxing power C. the bankruptcy power D. the postal power

Quiz: The War Powers Which of the following correctly reflects an action that can be taken under the war powers?A. After a dispute with another nation’s leader, the President declares war on that country. B. Congress acts as commander in chief of the nation’s armed forces. C. Congress declares that military members may only serve for a maximum of five years. D. The President calls forth the National Guard to patrol a southern state after a hurricane.

Study Guide and REALIZE ReviewTopic 4, Lesson 3