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Powers of Congress

Powers of Congress. Chapter 11. Congressional Power. Expressed Powers Powers of Congress spelled out in Constitution Implied Powers Powers that are suggested by the expressed powers Powers that are “necessary and proper” to carry out the expressed powers Inherent Powers

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Powers of Congress

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  1. Powers of Congress Chapter 11

  2. Congressional Power • Expressed Powers • Powers of Congress spelled out in Constitution • Implied Powers • Powers that are suggested by the expressed powers • Powers that are “necessary and proper” to carry out the expressed powers • Inherent Powers • Powers the Constitution is presumed to have delegated to the National Government because it is the government of a sovereign state

  3. Expressed Powers: Power to Tax • What is a tax? • A charge levied by Congress on persons or property to raise money to meet public needs • Can also implement protective tariffs • To protect domestic industry against foreign competition by increasing the cost of foreign goods • Limits on the taxing power • May tax only for public purposes • Exports cannot be taxed • Indirect taxes must be uniform throughout the country

  4. Expressed Powers: Power to Borrow • Power to borrow money on credit • No limit on how much the government can borrow or for what purpose • Public debt – all of the money borrowed by the Federal Government that has not been repaid plus interest on that money • Government practices deficit financing • It spends more than it takes in

  5. Expressed Powers: Commerce Power • What is the commerce power? • Power of Congress to regulate interstate and foreign trade • Gibbons v. Ogden (1824) • Prohibited steamboat monopolies • Later broadened and used as a basis of the Civil Rights Act of 1964 • Prohibits discrimination in access to or service in hotels, theaters, restaurants, and other public accommodations based on race, color, religion, or national origin

  6. Expressed Powers: Currency Power • Power to coin money and regulate its value • Chartered first Bank of the United States in 1791 • National paper currency in 1863 • Legal tender – any kind of money that a creditor must, by law, accept in payment for debts

  7. The Implied Powers

  8. Impeachment • The House of Representatives has the sole power to impeach • Impeach – to accuse, bring charges against • Majority vote required to impeach • The Senate has the sole power to try, or sit as a court, in impeachment cases • Conviction requires a 2/3 vote • To date, there have been 17 impeachments and 7 convictions • All removed were federal judges

  9. Impeachment • Two presidents have been impeached by the House • Both Andrew Johnson and Bill Clinton were acquitted, or found not guilty, by the Senate • Andrew Johnson (1868) • Takes office when Lincoln is assassinated • Removes officers, violating Tenure of Office Act • Bill Clinton (1998) • Technically tried for perjury (lying under oath) and obstruction of justice

  10. Impeachment • Richard Nixon • Resigns in 1974 in face of impeachment • Watergate scandal • Attempt by Republican operatives to break into the Democratic Party’s national headquarters • Long list of illegal acts were discovered • Bribery, perjury, income tax fraud, illegal campaign contributions • Use of FBI and IRS for personal purposes • Nixon charged with obstruction of justice, abuse of power, and failure to respond to subpoenas for tape recordings of Watergate-related conversations

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