Powers of Congress

1. Powers of Congress

2. Powers of Congress • Expressed Powers • Powers that are explicitly in the specific wording of the constitution. • Implied Powers • Powers determined by reasonable deduction from the expressed powers • Inherent powers • Powers needed by creating a national government for the United States

3. Strict Constructionist • Led by Thomas Jefferson and the other Anti-Federalist and insisted that: • The expressed powers • Use of implied powers necessary to carry out the expressed powers • Wanted the States to keep as much power as possible.

4. Liberal Constructionists • Favored a liberal interpretation of the Constitution. Led by Alexander Hamilton. • They wanted “an Energetic Government” where the federal government had more power. • Consensus • General agreement among the American people that we have adopted a broader interpretation of the Constitution.

5. Taxes • Is a charge levied by government on persons or property to raise money to meet public needs. • In 2014 the U.S. Government took in 2.1 trillion dollars • Direct Tax • Is one that must be paid directly to the government by the person on whom it is imposed. • Taxes on land • Taxes on property • Car Taxes • Indirect Tax • Is on that is paid by one person but then passed on to another. • Cigarette tax • Gasoline tax

6. Limits to the Taxing Power • Congress may only tax for public purposes, not for private benefit. • Congress may not tax exports. Taxes can be levied on imports. • Direct taxes must be apportioned among the states, according to their population. • “All duties, imposts, and excises shall be uniform throughout the United States.

7. The Borrowing Power • The Constitution allows Congress to borrow money on the credit of the United States. • Public Debt • Is all the money that is borrowed by the Federal Government over the years and not yet repaid. • Deficit Financing • The process of regularly spending more than it takes in each year and then borrowing to make up the difference.

8. Commerce Power • The power of Congress to regulate interstate and foreign trade. • The Court has used the Commerce Power in many areas of American Life to expand the authority of the Federal Government. • Used to force the Civil Rights Act of 1964.

9. Limits of the Commerce Powers • Cannot Tax Exports • Cannot favor the ports of one State over those of any other in regulating trade. • Cannot require vessels that are bound for another State to pay Duties in another. • Cannot interfere with the slave trade until 1808.

10. Currency Power • Gives Congress the power to coin money and regulate the value thereof. • Legal Tender • Any type of money that a creditor must by law accept in the payment of debts.

11. Bankruptcy • The legal preceding in which the bankrupt’s assets are distributed among those to whom a debt is owed.

12. p 292 • What point is the cartoonist making about the big government/small government debate? What details in the drawing help to make the point? • That if the government gets too small, it becomes ineffectual. The fact that the tree has no branches on which apples can grow help make his point.

13. Explain the differences among Congress’s expressed powers, implied powers, and inherent powers. • Expressed powers are stated explicitly in the Constitution, implied powers are those that can be reasonably deduced from the expressed powers, and inherent powers are those that are traditionally held by governments.

14. Compare the views of a strict constructionist and a liberal constructionist. • Strict: Congress should only have expressed powers and those implied powers necessary to carry them out. • Liberal: The Constitution can be interpreted more liberally to give Congress additional powers.

15. p 295 • What major shifts in federal spending occurred between 1986 and 1996 and between 1996 and 2006? • Spending on national defense decreased, while health and medical spending increased. • Spending on net interest decreased. Only health and medical spending increased significantly.

16. p 296 • According to the cartoon, how successful have been repeated efforts to simplify federal income tax forms? • Not particularly successful; tax payers still must read through pages of directions, fill out several different forms, and interpret complicated tables in order to file their taxes.

17. p 299 • Why do you think some forms of currency succeeded while others failed? • Forms of currency can only succeed if they have public confidence and are perceived as useful by the people.

18. Explain the difference between a direct tax and an indirect tax, and give example of each. • A direct tax must be paid by the person on whom it is imposed. Tax on land • A indirect tax is passed on to another person. Tax on gasoline.

19. What three factors brought about the recent return to deficit financing at the federal level? • Downturn in the nations economy • Tax cuts in 2001-2003 • War on Terrorism.

20. Give three examples how Congress uses its commerce power? • Regulating commerce with foreign powers and between states. • Preventing monopolies and discrimination in access to public places.

21. Quick Write • Should the Commerce Clause be used to force states into adopting laws that they resist?