3. STRICT CONSTRUCTIONISTS
Government is bound by the letter
of the Constitution
Expressed Powers
Anti-Federalists (Democratic -
Republicans)
Jef ferson: “the government is best
which governs least.”
What did the Jef fersonians want
the government to do?
4. LIBERAL CONSTRUCTIONISTS
Government must rise to meet the
needs of a growing nation.
Elastic Clause
Federalists
Hamilton: the country needs “an
energetic government.”
Which argument wins out?
What factors led to the growth of
government power?
6. POWER TO TAX
What historical events made this power one of the most
important given to Congress?
h t t p s :/ / w ww.yo ut ub e . c o m/ wa t c h ? v = Z uh Y RZ R f TuY
( C a p i t al G a i n s Ta x e s )
7. WHY DO WE HAVE TAXES?
Tax:
Aside from raising revenue, what other
reasons are taxes levied?
Oliver Wendell Holmes Jr., Su preme Cour t
Justice: “ Taxes are t he price we pay for a
civilized society.”
8. LIMITS ON THE POWER TO TAX
Only for public purposes
Cannot tax exports – Why not?
Limits on direct taxes
Indirect taxes must be uniform
12. BORROWING POWER
No limits on how much or for what
purpose
The Debt Ceiling
Statutor y limit on the public debt
Can be raised by Congress when
needed
Has been raised 68 times since
1960
Why did the ceiling become a
political issue?
https://www.youtube.com/watch?v=lzcCoyJBMSU
(Debt ceiling Reuters)
13.
14.
15. DEFICIT FINANCING
What is it?
Common-place for decades – How did our country begin?
1931-1998 (all but 7 years)
Budge surplus 98-2001 – Why?
What events have led back to deficit financing?
http://www.youtube.com/watch?v=3ugDU2qNcyg
(John Green Debt Limit)
http://www.usdebtcloc k .org /
16. COMMERCE POWER
Regulate inter state & foreign trade
Gibbons v. Ogden, 1 824
SC interpreting the Commerce
Clause broadly
“Commerce” is more than just
buying & selling of goods
Used to prohibit racial
discrimination in the 1960s
The Commerce Clause is arguably
the most impor tant par t of the
Constitution. Why?
https://www.youtube.com/watch?v=8iIlVrzvCH8
17. OTHER EXPRESSED POWERS
Currency Power
Provides a uniform, stable monetary system
Bankruptcy Power
Sets the requirements for declaring bankruptcy
Foreign Relations Power
Shared with the President
States cannot act on matters of security
War Powers
Only Congress may declare war
Raise & support armies
This power not what it used to be – Why?
http://www.youtube.com/watch?v=hiCilTzhXrA Michael Scott
18. OTHER EXPRESSED POWERS
Postal Power
Is the post of fice Constitutionally mandated? (Article 1 , Sec.
8, Clause 7)
Copyrights & Patents
Protecting intellectual property – Relevant today?
19. IMPLIED POWERS:
HOW CONGRESS GETS IT DONE
Elastic Clause – Article I, Sec. 8, Clause 18
“ Tomake all Laws which shall be necessary
and proper for carrying into Execution the
foregoing Powers and all other Powers
bested by this Constitution in the
Government of the United States, or in any
Department or Officer thereof.”
What does this mean?
http:// www.youtube.c om/watc h?v= mSC0JAK2V88 (5 0 sec )
20. BANK OF THE UNITED STATES
Hamilton urged its creation
Jef ferson feared its creation
Did Congress have the power?
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21. MCCULLOCH V. MARYLAND, 1819
States cannot tax the Federal
government
No expressed powers needed
to create a bank
Congress has the power to
carry out the expressed powers
https://www.youtube.com/watch?v=8iIlVrzvCH8
Chief Justice John Marshall paved the
way for an expansion of federal power.
23. IMPEACHMENT
To accuse of high crimes or misdemeanors
Who can be impeached?
Which body impeaches? (majority needed)
Which body tries?
Who presides?
17 impeachments & 7 removals from of fice (federal judges)
Which two presidents have been impeached?
24. ANDREW JOHNSON
Clashed with Radical Republicans
in Congress
Violated the Tenure of Of fice Act
of 1867
One vote short of conviction
25. BILL CLINTON
Charges stem from an
“inappropriate relationship” with
an intern
Charged with Perjury &
Obstruction of Justice
Senate fails to convict by wide
margin
Clinton’s popularity increases as
a result
http:// www.youtube.c om/watc h?v= ClfpG2 -1Bv4
(Clinton grand jur y testimony)
26. RICHARD NIXON
Resigned 1974
Watergate – break in at Dem
headquarters
Bribery, perjury, tax fraud, illegal
campaign contributions, use of FBI &
CIA against enemies
Obstruction of Justice, Abuse of
Power, Failure to respond to
Subpoena
Resigns in face of certain removal
Most serious abuse of presidential
power ever
27. EXECUTIVE POWERS
- All appointees must be confirmed by majority vote in Senate
- Which positions need Senate confirmation?
- In what ways has this process become politicized?
28. INVESTIGATORY POWER
On what issues has Congress held hearings?
Why are hearings held?
Gather information
Oversee Executive Branch agencies
Focus public attention
Expose questionable acts
Promote interests of members of Congress
29. TRUMAN COMMITTEE
As Senator, Harry Truman led an investigation to uncover
fraud and corruption in army contracts during WW II.
Saved $10-15 billion.
30. ARMY - MCCARTHY HEARINGS
Wisconsin Senator
Joe McCar thy held
hearings to
investigate his
claim of Communist
infiltration in the
army. (Netflix – The
Congress)