Presentation Pro © 2001 by Prentice Hall, Inc. American Constitution Powers of Congress

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© 2001 by Prentice Hall, Inc.© 2001 by Prentice Hall, Inc.

American ConstitutionAmerican ConstitutionAmerican ConstitutionAmerican Constitution

Powers of Congress

11 22 33Go To Go To Section:Section: 44 55

Article I, Section 8Article I, Section 8

Chapter 11, Section 3Chapter 11, Section 322 4411 55

11 22 33Go To Go To Section:Section: 44 55 Chapter 11, Section 1Chapter 11, Section 122 33 44 55

Congressional PowerCongressional Power

(1) The ________ powers are granted to Congress explicitly in the Constitution.

(2) The ________ powers are granted by reasonable deduction from the expressed powers.

(3) The ________ powers are granted through the Constitution’s creation of a National Government for the United States.

The Constitution grants Congress a number of specific powers in three different ways.


Strict Versus Liberal ConstructionStrict Versus Liberal Construction

Strict Constructionists

• Strict constructionists, led by ________, argued that Congress should only be able to exercise (1) its expressed powers and (2) those implied powers absolutely necessary to carry out those expressed powers.

Chapter 11, Section 1Chapter 11, Section 122 33 44 55

Liberal Constructionists

• Liberal constructionists, led by ________, favored a liberal interpretation of the Constitution, a broad interpretation of the powers given to Congress.


The Power To TaxThe Power To Tax

Chapter 11, Section 2Chapter 11, Section 233 4411

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

55


Limits on the Taxing PowerLimits on the Taxing Power

(1) Congress may tax only forpublic purposes, not for

private benefit.

(2) Congress may not taxexports.

(3) Direct taxes must beapportioned among the

States, according to theirpopulations.

(4) Indirect taxes must belevied at a uniform rate in all

parts of the country.


A ________ 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:

11 22 33Go To Go To Section:Section: 44 55 Chapter 16, Section 1Chapter 16, Section 122 33

The Power To TaxThe Power To Tax

• Article I, Section 8, Clause 1 of the Constitution grants Congress the power to tax.

• The ________ Amendment gives Congress the power to levy an ________ tax.

Limits on the Power to Tax

• The power to tax is also limited through the Constitution. According to the Constitution:

1. Taxes must be used for public purposes only.

2. Federal taxes must be the same in every State.

3. The government may not tax ________.


The Commerce PowerThe Commerce Power


The Constitution places four limits on Congress’s use of thecommerce power:

(1) Congress cannot tax exports. (2) Congress cannot favor the portsof one State over those of any other

in the regulation of trade.

(3) Congress cannot require that“Vessels bound to, or from, one

State, be obliged to enter, clear orpay Duties in another.”

(4) Congress could not interfere withthe slave trade (through 1808).

The ________—the power of Congress to regulate interstate and foreign trade—is granted in

the Commerce Clause of the Constitution.


The Currency and Bankruptcy PowersThe Currency and Bankruptcy Powers

The Currency Power

• Article I, Section 8, Clause 5 gives Congress the power “[t]o coin Money [and] regulate the value thereof.”

• ________ 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.”

• ________ is the legal proceeding in which the bankrupt person’s assets are distributed among those to whom a debt is owed.


Foreign Relations and War PowersForeign Relations and War Powers


• Congress has the inherent power to act on matters affecting the ________ of the nation.

• 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 ________ does not exist (War Powers Resolution of 1973).


Other Expressed PowersOther Expressed Powers


Naturalization ________ is the process by which citizens of one country become

citizens of another.

The Postal Power

Article I, Section 8, Clause 7 says that Congress has the power “[t]o establish Post Offices and post Roads.”

Copyrights and Patents

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.”


More Expressed PowersMore 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.


The Necessary and Proper ClauseThe Necessary and Proper Clause


The Necessary and Proper Clause gives to Congress the power:

“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.”

—Article I, Section 8, Clause 18


The Implied Powers of CongressThe Implied Powers of Congress



Constitutional Amendments and Electoral Constitutional Amendments and Electoral DutiesDuties


Electoral Duties• In certain circumstances, the Constitution gives Congress

special electoral duties.

• If no candidate for President receives a majority in the electoral college, the ________ decides the election.

• If no candidate for Vice President receives a majority in the electoral college, the ________ decides the election.

• Also, if the vice presidency is vacated, the President selects a ________, who faces congressional approval by a majority vote in both houses.

Constitutional Amendments• Article V gives Congress the power to propose amendments

by a two-thirds vote in each house.


Impeachment PowerImpeachment Power

• The Constitution grants Congress the power of removing the President, Vice President, or other civil officers from their office through impeachment.

• The House has the sole power to ________, or bring charges against the individual.

• There is then a trial in the Senate. A two-thirds vote of the senators present is needed for ________.

• The penalty for conviction is removal from office.



Executive PowersExecutive Powers

Appointments

• All major appointments made by the President must be confirmed by the Senate by majority vote.

• Only 12 of 600 Cabinet appointments to date have been declined.

• “Senatorial courtesy” is the practice in which the Senate will turn down an appointment if it is opposed by a senator of the President’s party from the State involved.


Treaties

• The President makes treaties “by and with the Advice and Consent of the Senate,... provided two thirds of the Senators present concur.”

• Presently, the President often consults members of the Senate Foreign Relations Committee.


Investigatory PowerInvestigatory Power

Congress may choose to conduct investigations through its standing committees

for several reasons: (1) to gather information useful to Congress in the makingof some legislation;(2) to oversee theoperations of variousexecutive branch agencies;

(3) to focus public attentionon a particular subject;

(4) to expose thequestionable activities ofpublic officials or privatepersons;

(5) to promote the particularinterests of some membersof Congress.



Impeachment PowerImpeachment Power

• The Constitution grants Congress the power of removing the President, Vice President, or other civil officers from their office through impeachment.

• The House has the sole power to impeach, or bring charges against the individual.

• There is then a trial in the Senate. A two-thirds vote of the senators present is needed for conviction.

• The penalty for conviction is removal from office.



Permanent Committees of CongressPermanent Committees of Congress



How does a Bill Become a Law?


The First StepsThe First Steps


• A ________ is a proposed law presented to the House or Senate for consideration.

• A bill or resolution usually deals with a single matter, but sometimes a ________ dealing with an unrelated matter is included.

• The clerk of the House numbers each bill, gives it a short title, and enters it into the House Journal and the Congressional Record for the day. With these actions the bill has received its first reading.


Committee ActionsCommittee Actions

When a subcommittee has completed its work on a bill, it returns to the full committee. The full committee may do

one of several things:

1. Report the bill favorably, with a “do pass” recommendation.

2. Refuse to report the bill. 3. Report the bill in amendedform.

4. Report the bill withunfavorable recommendation.

5. Report a committee bill.



Voting on a BillVoting on a Bill

There are four methods of taking a floorvote in the House:

1. During voice votes the Speakercalls for the “ayes” and then the“noes.”

2. In a standing vote, members infavor of for and then those opposedto the bill rise and then are countedby the clerk.

3. One fifth of a quorum can demanda teller vote, in which the Speakernames two tellers, for and against,and members pass by each one tobe counted.

4. A roll-call vote may be demandedby one fifth of the members present.


Once a bill has been approved at second reading, it is engrossed, or printed in its final form. It is then read for a

third time and a final vote is taken.


Filibuster and ClotureFilibuster and Cloture

The Cloture Rule

• Rule XXII in the Standing Rules of the Senate deals with cloture, or limiting debate

• If at least 60 senators vote for cloture, no more than another 30 hours may be spent on debate, forcing a vote on a bill.


Filibuster

• A filibuster is an attempt to “talk a bill to death.”

• A senator may exercise his or her right of holding the floor as long as necessary, and in essence talk until a measure is dropped.


The President ActsThe President Acts

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The Constitution provides four options for the President when he receives a bill:

1. The President may sign thebill, and it then becomes law.

2. The President may veto thebill, or refuse to sign it. ThePresident’s veto can beoverridden by a two-thirds voteof the members present ineach house.

3. If the President does not actupon a bill within 10 days ofreceiving it, it becomes law.

4. A pocket veto occurs ifCongress adjourns within 10days of submitting a bill andthe President does not sign it.The bill then dies.

Chapter 12, Section 4Chapter 12, Section 4



The Presidency



Article IIArticle II

Article II, the Constitution’s Executive Article, begins this way:


With these few words, the Framers established the presidency.

“The executive power shall be vested in a President of the United States of America.”


The President’s RolesThe President’s Roles


Chief of StateThe President is chief of state. This means he is the ceremonial head of the

government of the United States, the symbol of all the people of the nation.

Chief ExecutiveThe Constitution vests the President with the executive power of the United

States, making him or her the nation’s chief executive.

Chief AdministratorThe President is the chief administrator, or director, of the United States

government.

Chief DiplomatAs the nation’s chief diplomat, the President is the main architect of American

foreign policy and chief spokesperson to the rest of the world.


More Roles of the PresidentMore Roles of the President


Commander in Chief

The Constitution makes the President the commander in chief, giving him or her complete control of the nation’s armed forces.

Chief Legislator

The President is the chief legislator, the main architect of the nation’s public policies.

Chief of Party

The President acts as the chief of party, the acknowledged leader of the political party that controls the executive branch.

Chief Citizen

The President is expected to be “the representative of all the people.”

11 22 33Go To Go To Section:Section: 44 55 Chapter 13, Section 1Chapter 13, Section 122 33 44 55

Qualifications for PresidentQualifications for President

1. Be “a natural borncitizen.”A person must be born a citizen ofthe United States to be able tobecome President.

2. Be at least 35 years ofage.John F. Kennedy at age 43 was theyoungest person to be electedPresident.

3. Have lived in the UnitedStates for at least 14 years.

Informal qualifications, such asintelligence and character, are alsoimportant considerations.

Article II, Section 1, Clause 5, of the Constitution says that the President must:


The President’s TermThe President’s Term

• Until 1951, the Constitution placed ________ on the number of terms a President might serve.

• Traditionally, Presidents limited the number of terms served to ________. This tradition was broken by Franklin D. Roosevelt in 1940 when he ran for and won a third term in office. He then went on to be elected to a fourth term in 1944.

• The ________ Amendment placed limits on presidential terms. A President now may not be elected more than twice or only once if they became President due to succession.

5522 33 44 Chapter 13, Section 1Chapter 13, Section 1

11 22 33Go To Go To Section:Section: 44 55 Chapter 14, Section 2Chapter 14, Section 233 4411

Executing the LawExecuting the Law

• As chief executive, the President executes (enforces, administers, carries out) the provisions of federal law.

• The ________ instructs the President to carry out the laws of the land.

• The other provision is the Constitution’s command that “he shall take care that the laws be faithfully executed.”


The Power to Make TreatiesThe Power to Make Treaties


• A treaty is a formal agreement between two or more sovereign states.

• The President, usually through the secretary of state, negotiates these international agreements.

• All treaties must pass approval by a ________ of the members present vote in the Senate.


The Power of RecognitionThe Power of Recognition


The power of recognition is exercised when the President, acting for the United States, acknowledges

the legal existence of another sovereign state.

• The President may show American displeasure with the conduct of another country by asking for the recall of that nation’s ambassador or other diplomatic representatives in this country.

• The official is declared to be ________, or an unwelcome person.


Commander in ChiefCommander in Chief

Making Undeclared War

• Many Presidents have used the armed forces abroad without a declaration of war.

Wartime Powers

• The President’s powers as commander in chief are far greater during a war than they are in normal times.

The War Powers Resolution

• The War Powers Resolution of 1973 limits the President’s war-making powers.


The Constitution makes the President the commander in chief of the nation’s armed forces.


Legislative PowersLegislative Powers


Recommending

Legislation

• The Constitution provides

that the President shall report

to Congress on the state of

the Union and recommend

necessary legislation.

• This power is often called the

message power.

The Veto Power

• All legislation passed by

Congress is sent to the

President for approval.

• If the President disapproves

of a bill, he can veto it. That

veto can only be overturned

by a two-thirds vote of both

houses of Congress.


Judicial PowersJudicial Powers

• The Constitution gives the President the power to “...grant reprieves and pardons for offenses against the United States, except in cases of impeachment.” —Article II, Section 2, Clause 1

• A ________ is the postponement of the execution of a sentence.

• A ________ is legal forgiveness for a crime.

• These powers of ________(mercy or leniency) may be used only in cases of federal crimes.



The The ________________ Today Today

Voters do not vote directly for the President. Instead, they vote for electors in the ________

________


• On January 6, the electoral votes

cast are counted by the president

of the Senate, and the President

and Vice President are formally

elected.

• If no candidate wins a majority of

electoral votes (270), the election

is thrown into the House of

Representatives.

• All States, except two (Maine and

Nebraska), select electors based

on the winner of the popular vote

in that State.

• Electors then meet in the State

capitals on the Monday after the

second Wednesday in December

and cast their votes for President

and Vice President.




The Federal Court System


Creation of a National JudiciaryCreation of a National Judiciary


• The Framers created the national judiciary in Article III of the Constitution.

• There are two court systems in the United States: the national judiciary that spans the country, and the courts run by each of the 50 States.

• The Constitution created the Supreme Court and left Congress to establish the ________—the lower federal courts. There are two types of federal courts: (1) constitutional courts and (2) special courts.


Types of Federal CourtsTypes of Federal Courts

The Constitution created only the Supreme Court, giving Congress the power to create any lower, or “inferior,” courts as needed.



Judicial ReviewJudicial Review


• Judicial review refers to the power of a court to determine the ________ of a government action.

• The Supreme Court first asserted its power of judicial review in the case of ________ vs.________

• The Court’s decision laid the foundation for its involvement in the development of the American system of government.


Supreme Court JurisdictionSupreme Court Jurisdiction


• The Supreme Court has both original and appellate jurisdiction.

• The Court has ________ jurisdiction over cases involving two or more States and all cases brought against ambassadors or other public ministers.

• Most cases heard by the Court are ________ cases. The Court hears only one to two cases in which it has original jurisdiction per year.


Appealing a Case to the Supreme CourtAppealing a Case to the Supreme Court


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Presentation Pro © 2001 by Prentice Hall, Inc. American Constitution Powers of Congress