CHAPTER 11

POWERS OF CONGRESS

u_s_constitution (ARTICLE I)

- SCOPE OF CONGRESSIONAL POWER

o STRICT CONSTRUCTIONISM

o LOOSE CONSTRUCTIONISM

§ FACTORS THAT HAVE LED TO AN INCREASE IN NATIONAL POWER

· WAR

· ECONOMIC CRISES

- EXPRESSED POWERS OF CONGRESS ( ART I, 8, 1 – 17)

o POWER TO TAX

§ REVENUE ENHANCEMENT

§ REGULATORY MECHANISM – TARIFF

§ REDISTRIBUTE WEALTH

· ROBIN HOOD MENTALITY

§ LIMITATIONS

· NO TAX ON EXPORTS

· MAY TAX FOR ONLY PUBLIC PURPOSES

· MUST BE APPORTIONED EQUALLY AMONG THE STATE

o COMMERCE POWER

§ MOST RESPONSIBLE FOR THE GROWTH OF NATIONAL POWER

§ CHANGING INTERPRETATION OF THE CONCEPT OF COMMERCE

§ GIBBONS V. OGDEN

§ INTERSTATE, INTERNATIONAL, AND COMMERCE WITH THE INDIAN TRIBES

§ NO INTERSTATE DUTIES

o CURRENCY POWERS

§ ONLY THE NATIONAL GOVERNMENT CAN MINT OR PRINT MONEY

§

o BORROWING POWER

§ THERE IS NO CONSTITUTIONAL LIMIT BUT THERE IS A STATUTORY LIMIT

· DEBT CEILING - $6.4 TRILLION

o As of 10/04 the debt stood at $ 7.4 as a result of a stop-gap spending bill

o ..\ADDENDA\national_debt_clock.htm

· THE GOVERNMENT BORROWS BY SELLING BONDS

o NATURALIZATION – DEF – THE PROCESS OF ACQUIRING CITIZENSHIP

§ CITIZENSHIP BY BIRTH

· JUS SOLI – CITIZENSHIP OF THE SOIL

o BORN ON U.S. SOIL

o EXTRATERRITORIALITY – BEING BORN ON A U.S. MILITARY BASE, TERRITORY OR DIPLOMATIC POST

· JUS SANGUINES – CITIZENSHIP OF THE BLOOD

§ CITIZENSHIP BY NATURALIZATION

· THE PROCESS OF ACQUIRING AMERICAN CITIZENSHIP

· INDIVIDUAL OR COLLECTIVE

· EXPATRTIATION – def- RENUNCIATION OF ONE’S CITIZENSHIP

· DENATURALIZATION – def- THE REMOVAL OF AMERICAN CITIZENSHIP OF A NATURALIZED CITIZEN

· DEPORTATION –def- THE RETURN OF AN ALIEN TO HIS PLACE OF ORIGIN

o POWER OVER COPYWRIGHTS AND PATENTS

§ COPYWRIGHT – def – PROTECTION OF ORIGINAL THOUGHT OR IDEAS

· DURATION – LIFE PLUS 50 YEARS

..\ADDENDA\copyright_term_extension_act.htm

§ PATENT – def – PROTECTION OF INVENTION

· DURATION – 17 YEARS

§ TRADEMARK – def - A NAME, PICTURE OR SLOGAN THAT IDENTIFIES A COMPANY

· DURATION – 10 YEARS

· trademarks

o POWER TO GOVERN TERRITORIES

§ INCLUDES, WASHINGTON D.C., PUERTO RICO, GUAM, AMERICAN SAMOA, U.S. VIRGIN ISLANDS

§ EMINENT DOMAIN – def- THE AUTHORITY OF GOVERNMENT TO TAKE PRIVATE PROPERTY FOR PUBLIC USE PROVIDED THAT THERE IS JUST COMPENSATION

eminent domain

o POWER TO DECLARE WAR

· THIS POWER HAS BEEN SIGNIFICANTLY ERODED OVER THE YEARS DUE TO THE NEED FOR INSTANT DECISION-MAKING IN A NUCLEAR AGE

· WAR POWERS ACT (1973) ..\ADDENDA\war_powers_resolution.htm

o AN ATTEMPT BY CONGRESS TO REASSERT ITSELF IN THE WAR MAKING PROCESS

§ NOT RECOGNIZED BY THE EXECUTIVE BRANCH

- IMPLIED POWERS

o MC CULLOCH V. MARYLAND – http://www.landmarkcases.org/mcculloch/home.html

§ ART I,8,18 EXPANDS AS OPPOSED TO CONSTRICTS CONGRESSIONAL POWER

§ LOOSE INTERPRETATION

o SOURCES OF IMPLIED POWER

§ ELASTIC CLAUSE

§ COMMERCE CLAUSE – MOST SIGNIFICANT

§ DUE PROCESS CLAUSE

§ GENERAL WELFARE CLAUSE

§ EQUAL PROTECTION CLAUSE

- NON-LEGISLATIVE POWERS

o ELECTORAL POWER

§ ELECTS PRESIDENT IF NO MAJORITY IN ELECTORAL COLLEGE

· 1800 AND 1824

§ ELECTS VICE PRESIDENT IF NO MAJORITY IN THE ELECTORAL COLLEGE

· 1856

o IMPEACHMENT

§ HOUSE IMPEACHES

§ SENATE SITS AS JURY

§ ANDREW JOHNSON AND WILLIAM CLINTON ONLY PRESIDENTS TO BE IMPEACHED

· NIXON RESIGNED

§ FEDERAL JUDGES ALSO SUBJECT TO INPEACHMENT

· OVER 300 JUDGES HAVE BEEN IMPEACHED THUS FAR

o EXECUTIVE

§ THE SENATE RATIFY TREATIES (2/3 VOTE) AND APPOINTMENTS (MAJORITY VOTE)

o INVESTIGATIVE

§ GATHER INFORMATION FOR LAWMAKING

§ REVIEW EFFECTIVENESS OF PRESENT-DAY LAWS

§ DETERMINE WHETHER EXISTING PROGRAMS ARE ADMINISTERED AS INTENDED

§ ASCERTAIN WRONGDOING IN GOVERNMENT

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