Legislative Branch Section 3: Powers of Congress

I. D______Powers: Congress has only those powers d______in the Constitution

a. ______Total Powers

b. E______Powers: written directly in the Constitution

c. I______Powers: powers that are “reasonably suggested”; E______clause

d. I______Powers: powers that exist because the government exists

d.i. ***These powers are subject to interpretation (206 powers, 190 undisputed)

d.ii. How do our lawmakers view their ability to make new laws?

II. Constructionists

a. S______C______: Congress has only those expressed and implied powers that are absolutely necessary to carry out an expressed power

a.i. Supported by T______J______

a.ii. Believe more in the ______Amendment & less in the E______clause a.iii. Believe more in S______rights; “the government that governs least, governs best”

a.iv. N______interpretation of the Constitution

a.v. Modern day L______and conservatives???

a.vi. S______: If we are not given the power to enact something we probably can’t vs ….

a.vii. Loose- If it doesn’t say we can’t do it (1-9), we probably can.

b. Powers denied to Congress

b.i. Writ of H______C______shall not be suspended, unless in cases of rebellion or invasion or when public safety may require it.

b.i.1. H______C______: must be told what you are being charged with and how long you will be held in prison

b.ii. No Bill of A______or ex P______F______law shall be passed

b.ii.1. Bill of A______: legislative branch declares a person guilty and punishes them without trial

b.ii.2. Ex P______F______Law: making an act that was formerly legal, now illegal, and punishing accordingly; or increasing the punishment for a previous act that was committed

c. L______C______: broad interpretation of the powers expressed to Congress

c.i. Supported by A______H______

c.ii. Believe in more E______clause/general welfare and less _____ Amendment

c.ii.1. 1-8-1: The Congress shall have Power To lay and collect Taxes, Duties, Imposts and Excises, to pay the Debts and provide for the common Defence and ______of the United States; but all Duties, Imposts and Excises shall be uniform throughout the United States

c.iii. Country needs an “E______G______” to address needs as they arose (FDA, Trump-Wall)

c.iv. Modern day L______, progressives, “activist judges”

c.v. B______interpretation of the Constitution

c.vi. This ideology definitely ______

III. Expressed Powers of Money and Commerce – Art. 1 Sect. 8 has 18 clauses expressing ____ powers

***Interpreting these powers, even the expressed ones, is the job of the S______C______a. The Power to TAX - “The Congress shall have Power To lay and collect Taxes, Duties, Imposts and Excises, to ______and provide for the ______and ______of the United States” Article 1, Section 8, Clause 1

b. Purpose of Taxes

b.i. T_____: a charge levied by government on persons or property to raise money to meet public needs.

***Can be levied to protect public health and safety as well.

b.ii. T ______: brings in revenue too, but its real goal is to protect domestic industry against foreign competition.

c. Limits on Taxing Power

c.i. Congress may tax only for P______purposes, not for private benefits

c.ii. May not tax E______: goods we sell to other countries

d. The Power to BORROW – Congress has the power to borrow money on the credit of the US

d.i. D______F______: gov’t spending more than it takes in each year in taxes (must borrow to make up the difference)

d.ii. D______: all of our deficits combined throughout our history – currently ______

e. C______Power: power of Congress to regulate interstate and foreign T______

e.i. Limits on C______Power

e.i.1. Cannot T_____ E______

e.i.2. Making states have to have equivalent tax rates

f. C______Power: power to coin money and regulate the value thereof (Fed. Reserve)

g. B______Power: establish uniform b______laws

g.i. B______: person’s/business’ assets are distributed to those in whom a debt is owed

IV. Other Expressed Powers

a. Foreign Relations Power: States have ______independent relations with other nations

b. War Powers

b.i. Only Congress may officially D______W_____ b.ii. Congress has the power to raise and support armies, provide ______, and make rules pertaining to the governing of Land and Naval forces.

b.iii. W_____ P______A_____: Congress claimed power to restrict the President’s use of American forces in combat in areas where a state of war does not exist c. N______: Citizens of one country becoming citizens of another d. P______Power: establishing p______offices and p______r______e. C______& P______:

e.i. C______: the exclusive right of an author to reproduce, publish, and sell his or hers creative work. “Intellectual property.”

e.i.1. Good for the life of the author plus ______years

e.i.2. Ex. Books, lyrics, cartoons, photographs, movies, etc.

e.ii. P______: grants a person the sole right to manufacture, use, sell “any new and useful art, machine, manufacture, or composition of matter, or any new and useful improvement thereof.”

e.ii.1. Good for ______years

e.iii. What is the difference?

e.iii.1. C______protects original works of authorship

e.iii.2. P______protects inventions and discoveries

e.iv. What about a trademark?

e.iv.1. Trademarks last F______and protect w______

e.iv.2. Ex. Nike Symbol, “Three Peat,” Trump – “You’re Fired” possibly

f. Weights and Measures Power

f.i. Accurate, uniform gauges of time, distance, area, weight, volume and the like

f.ii. 1838 pound, ounce, foot, gallon, quart; 1868 they also legalized the metric system.

g. Power over territories and other areas

g.i. Congress has the power to ______and dispose of various federal areas. (District of Columbia, P.R., Guam, Virgin Islands and things like military installations, arsenals, dockyards, prisons, parks)

g.ii. Congress may also A______by purchase or gift. g.iii. E______D______: Congress may take property for private or public use

h. Judicial Powers

h.i. Power to create all federal courts below the S______C______

h.ii. Define federal crimes and set P______for violator of fed. Law – Constitution only names 4 crimes:

h.ii.1. C______

h.ii.2. P______and felonies on the high seas

h.ii.3. Offenses against ______

h.ii.4. T______

i. Non-Legislative Powers

i.i. Constitutional A______: Congress may propose a______by a 2/3 vote (33 times…only 27 passed)

i.ii. I______: formal accusation; bring charges against the President

i.ii.1. House:

i.ii.2. Senate:

i.ii.3. Impeachment only requires a majority ______

i.ii.4. Conviction requires _____ (67) vote in the S______

i.ii.5. 3 Presidents: A. J______, C______, & N______

i.ii.5.a. In the case of N______, the House brought forth 3 articles of impeachment. One of which, was Nixon’s refusal to respond to their S______: a legal order requiring a person to appear in court and/or produce certain evidence. Nixon R______before the trial began. j. Executive Power

j.i. A______: all a______made by the President must be approved by a majority vote of the S______

j.ii. T______: President makes t______with the advice and consent of the S______, providing ______of the S______agree