Powers of Congress

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