Copy and answer questions 1-27 on page 316.
Chapter 11: Powers of Congress
Section 1: The Scope of Congressional Power
The Constitution grants Congress a number of specific powers in three different ways:
• The expressed powers are spelled out in the Constitution; also called the “enumerated powers.”
• The implied powers are suggested by the expressed powers set out in the Constitution; those “necessary and proper” to carry out the expressed powers.
• The inherent powers are the powers that the Constitution is presumed to have delegated to the National Government such as the power to deal with other nations or the power to make war and defend the nation against attacks.
OPPOSING VIEWS ON HOW MUCH POWER THE NATIONAL GOVERNMENT SHOULD HAVE.
The strict constructionists
• led by Thomas Jefferson
• They insisted that Congress should be able to exercise only (1) its expressed powers and (2) those implied powers absolutely necessary to carry out those expressed powers.
• They wanted the States to keep as much power as possible. They agreed with Jefferson that “that government is best which governs least.”
The liberal constructionists
• Led by Alexander Hamilton, had led the fight to adopt the Constitution.
• They favored a liberal interpretation of the Constitution.
• They believed that the country needed “an energetic government.”
Over the years, the powers of the National Government have increased dramatically.
• The Supreme Court has generally taken a similar position in its decisions in cases involving the powers of the National Government.
• Moreover, the American people have generally agreed with a broader rather than a narrow reading of the Constitution.
Chapter 11: The Powers of Congress
Section 2: The Expressed Powers of Money and Commerce
1. What are the purposes of taxes?
A tax is a charge levied by government on persons or property to raise money to meet public needs.
Congress does sometimes impose taxes for other purposes as well. The protective tariff is perhaps the oldest example of this point. Although it does bring in some revenue every year, its real goal is to “protect” domestic industry against foreign competition by increasing the cost of foreign goods.
Taxes are also sometimes levied to protect the public health and safety. The Federal Government’s regulation of narcotics is a case in point. Only those who have a proper federal license can legally manufacture, sell, or deal in those drugs—and licensing is a form of taxation.
2. Summarize the limitations that the Constitution has placed on the taxation power of Congress.
(1) Congress may tax only for public purposes, not for private benefit. Article I, Section 8, Clause 1 says that taxes may be levied only “to pay the Debts and provide for the common Defense and general Welfare of the United States….”
(2) Congress may not tax exports. Article I, Section 9, Clause 5 declares “[n]o Tax or Duty shall be laid on Articles exported from any State.” Thus, customs duties (tariffs), which are taxes, can be levied only on goods brought into the country (imports), not on those sent abroad (exports).
(3) Direct taxes must be apportioned among the States, according to their populations:
(4) Article I, Section 8, Clause 1 provides that “all Duties, Imposts and Excises, shall be uniform throughout the United States.” That is, all indirect taxes levied by the Federal Government must be levied at the same rate in every part of the country. These include the federal taxes on gasoline, alcoholic beverages and tobacco products.
3. Give examples for direct tax and indirect tax.
A direct tax is one that must be paid directly to the government by the person on whom it is imposed—for example, a tax on the ownership of land or buildings, or a capitation (head or poll) tax.
An income tax is a direct tax, but it may be laid without regard to population.
As a general rule an indirect tax is one first paid by one person but then passed on to another. It is indirectly paid by that second person. Take, for example, the federal tax on cigarettes. It is paid to the Treasury by the tobacco company, but is then passed on through the wholesaler and retailer to the person who finally buys the cigarettes.
4. How is public debt related to deficit spending?
For decades, the Federal Government has practiced deficit financing. That is, it regularly spends more than it takes in each year—and borrows to make up the difference.
As a result, the public debt rose year to year—to more than $5.5 trillion at the beginning of fiscal year 1999. The public debt is all of the money borrowed by the government over the years and not yet repaid, plus the accumulated interest on that money. The federal debt now (2005) exceeds $7.5 trillion.
5. What are the three major factors that are contributing for the increasing budget deficit since 2001?
(1) a sharp downturn in the nation’s economy that began in late 2000,
(2) major tax cuts pushed by President Bush and enacted by Congress in 2001, 2002, and 2003,
(3) the onset of the global war on terrorism in 2001 and the ongoing conflicts in Afghanistan and Iraq. The shortfall topped a record $413 billion in 2004 and it will certainly exceed that stupendous sum in 2005.
6. What is the significance of the Gibbons v. Ogden case?
The Court’s ruling was widely popular at the time because it dealt a death blow to steamboat monopolies. It rejected Ogden’s argument that “commerce” should be defined narrowly, as simply “traffic” or the mere buying and selling of goods. Instead, it read the Commerce Clause in very broad terms:
“Commerce undoubtedly is traffic, but it is something more—it is intercourse. It describes the commercial intercourse between nations, and parts of nations, in all its branches, and is regulated by prescribing rules for carrying on that intercourse.”
—Chief Justice John Marshall
7. Give three examples of how Congress uses its Commerce Power.
• Regulating commerce with foreign powers and between states.
• Establish the federal minimum wage.
• Preventing monopolies from forming.
• Prohibit discrimination to public places.
8. What are the limits of congressional commerce power?
In more specific terms, the Constitution places four explicit limits on the use of the commerce power. Congress
(1) cannot tax exports, Article I, Section 9, Clause 5;
(2) cannot favor the ports of one State over those of any other in the regulation of trade, Article I, Section 9, Clause 6;
(3) cannot require that “Vessels bound to, or from, one State, be obliged to enter, clear or pay Duties in another,” Article I, Section 9, Clause 6; and, finally,
(4) could not interfere with the slave trade, at least not until the year 1808, Article I, Section 9, Clause 1. This last limitation, part of the curious slave-trade compromise at the Constitutional Convention, has been a dead letter for nearly two centuries now.
9. Why did the nation need a uniform system of “hard money” that can be used a legal tender?
So it can provide the nation with a uniform, stable monetary system that will be universally accepted by everyone in the country.
10. What is the purpose of a bankruptcy filing? Who has the power to regulate bankruptcy?
Bankruptcy is the legal proceeding in which the bankrupt’s assets—however much or little they may be—are distributed among those to whom a debt is owed. That proceeding frees the bankrupt from legal responsibility for debts acquired before bankruptcy.
The States and the National Government have concurrent power to regulate bankruptcy. Today federal bankruptcy law is so broad that it all but excludes the States from the field. Nearly all bankruptcy cases are heard now in federal district courts.
Chapter 11: Congressional Powers
Section 3: Other Expressed Powers
Foreign relation powers are shared between Congress and President.
Congress may act on matters affecting the security of the nation, such as immigration.
The President is the commander in chief of the armed forces.
Only Congress may declare war, raise/support armies, provide/maintain a navy, and make rules pertaining to governance of naval forces.
The War Powers Resolution of 1973 allows Congress the power to restrict the use of American forces where state of war doesn’t exist.
Other Expressed Powers
The congress has the power to control naturalization, the process by which citizens of one country become citizens of another.
Another power it has is the control over postal services. Congress has established a number of crimes based on its postal powers such prohibiting the mailing of dangerous items such as firecrackers.
Weights and Measures
A standard scale of weights and measures in order to keep an uniform gauge of time, distance, area, weight, and even volume.
Copyrights and Patents
Congress has the power to grant copyrights and patents.
A copyright is the exclusive right of an author to reproduce, publish, and sell his or her creative work for the live of the author plus 70 years.
A patent grants a person the sole right to manufacture, and sell use any new useful improvement for up to twenty years.
Power over Territories and Other Areas
The Constitution gives Congress the power to acquire and manage federal territories such as Puerto Rico, Guam, and the Virgin Islands.
In addition, it covers military and naval bases, arsenals, post offices, prisons, parks, forest preserves, and others.
The Government can acquire properties through gifts or purchases, known as eminent domain.
Congress has the ability to create federal courts below the Supreme Court and the federal judiciary.
It can also define federal crimes and punishments for violators. It has established more than one hundred federal crimes
Chapter 11: Powers of Congress
Section 4: The Implied Powers
Thomas Jefferson and the strict constructionists believed that the new government had only
(1) those powers expressly granted to it by the Constitution
(2) those few other powers absolutely necessary to carrying out the expressed powers.
They were worried that “necessary and proper” would mean the new government have almost unlimited authority and enable the elimination of the reserved powers of the States.
Hamilton and other liberal constructionists thought the Constitution gave Congress the power to do anything that was reasonably related to the exercise of the expressed powers.
Today the words “necessary and proper” really mean “convenient and useful.”
McCulloch v. Maryland
The U.S. Government v. The State of Maryland
• In 1816 Congress created the Second Bank of the United States.
• In 1818 Maryland placed a tax on all notes issued by any bank doing business in the State but not chartered by the State legislature. The tax was aimed directly at the Second Bank’s branch in Baltimore.
• James McCulloch, the bank’s cashier, purposely issued notes on which no tax had been paid. The State won a judgment against him in its own courts. Acting for McCulloch, the United States then appealed to the Supreme Court.
• Maryland argued that the creation of the bank had been unconstitutional.
• The United States argued that no State could lawfully tax any agency of the Federal Government.
• The Supreme Court unanimously reversed the Maryland courts. It said that Congress was given “necessary and proper” powers to carry out four of the expressed powers of Congress: the taxing, borrowing, currency, and commerce powers.
Google Slides Presentation:
Functions of a Cabinet Office
1. Title: Name and Seal of your cabinet office
2. Who is the secretary or head of the cabinet? You need to include the picture, name, and brief background information for the secretary.
3. What are the goals of the cabinet?
4. Describe four of its programs/functions in detail. (At least 3 slides per function)
5. How does the department affect your daily life?
6. Include illustrations and pictures for every slide.
7. Demonstrate one of its functions through a relevant and brief video (three minutes or less) found online.
Include a computer generated poster which contains all information from requirements #1 – 6.
Tips for Google Slides:
• Use size 24 font.
• Don’t copy and paste.
• Eliminate any spelling and grammatical errors, a point will be deducted for every error present in the presentation.
• Learn the pronunciation of every word. You have full control of the content in your presentation, so do not include a word that you cannot enunciate properly. One point will be deducted for every word that is mispronounced.
• Use text that provides contrast to the background.
• Use appropriate pictures for EVERY slide.
• Use bullets to break up long paragraphs.
• Do not copy and paste.
• Email invitation to view your presentation to firstname.lastname@example.org with topic, period, and names of all members in the subject field.
Due: Friday, 04/07/17
Copy and answer questions #1-20 on page 286 to review Chapter 10.
Due on Friday.
Copy and answer the questions below…
Chapter 10: Congress
Section 3: The Senate
1. How many Senators are in the Senate?
2. What is the length of a term in the Senate?
3. What is the effect of the 17th Amendment on the Senate?
4. What is the limit on the number of terms that a Senator may serve? 5. Why is the Senate called a “continuous body”?
6. Why did the framers of the Constitution give senators six-year terms? 7. What senator was elected to the most terms?
8. According to the Constitution, what two requirements are different for a senator than for a member of the House?
9. What is the effect of the difference in constituencies between senators and House members?
10. The Constitution said that __________ would choose senators.
11. Find five interesting facts for each of our Senators listed below… Dianne Feinstein
Chapter 7: The Electoral Process
Section 1: The Nominating Process
Nomination is a critical step in the election process.
• Those who make nominations narrow the choices that voters have in an election.
Various Nominating Methods:
• Oldest form of the nominating process.
• A person who wants to run for office simply announces that fact.
• Sometimes used by someone who failed to win a regular party nomination or by someone unhappy with the party’s choice.
• Arnold Schwarzenegger was elected into office through this method.
• A group of like-minded people who meet to select the candidates they will support in an upcoming election.
• Often criticized for their closed, unrepresentative (unlike a democracy) character.
• Elected delegates select their party’s nominees.
• The national convention is where the party selects its presidential and vice-presidential candidates.
• Party bosses could manipulate the process by playing with the selection of delegates to influence the outcome.
4. Direct Primary:
• Held within a party to pick that party’s candidates for the general election.
• Regulated by states which sets the dates and also conducts the primaries.
• The State also provides polling places and election officials, registration lists and ballots, and monitors the process.
4A Closed Primary: A party’s nominating election in which only declared party members can vote.
4B Open Primary: Any qualified voter can cast a ballot. A voter must make a choice of party in order to vote in the primary either publicly or in private.
• Eligible voters sign petition in support of a candidate.
• Mostly done at the local level
• The higher the office, the more signatures needed.
Chapter 7: The Electoral Process
Section 3: Money and Elections
1. List the election related expenses that are paid by the campaign funds.
• Radio and television time, professional campaign managers and consultants, newspaper advertisements, pamphlets, buttons, posters and bumper stickers, office rent, polls, data processing, mass mailings, Web sites, travel—these and a host of other items make up the huge sums spent in campaigns.
• Television ads are far and away the largest item in most campaign budgets today, even at the local level.
2. Explain the different methods through which campaign funds are acquired.
• Small contributors—those who give $5 or $10 or so, and only occasionally.
• Wealthy individuals and families—the “fat cats,” who can make large donations and find it in their best interest to make them.
• Candidates—both incumbents and challengers, their families, and, importantly, people who hold and want to keep appointive public offices.
• Various nonparty groups—especially political action committees (PACs). Political action committees are the political arms of special-interest and other organizations with a stake in electoral politics.
• Temporary organizations—groups formed for the immediate purposes of a campaign, including fund-raising.
• Then, too, parties and their candidates often hold fund-raisers of various sorts. The most common are $100-, $500-, and $1,000-a-plate luncheons, dinners, picnics, receptions, and similar gatherings.
• Direct mail requests, telethons, and Internet solicitations are also among the oft-used tools of those who raise campaign money.
• Public funds—subsidies from the federal and some State treasuries—are now another prime source of campaign money. A subsidy is a grant of money, usually from a government.
3. Why do people make campaign donations?
• Most want something in return. They want access to government, and hope to get it by helping their “friends” win elections.
• Some big donors want appointments to public office, and others want to keep the ones they have.
• Others want certain laws passed, changed, or repealed, or certain administrative actions taken.
4. What is the job of the Federal Election Commission? What are the four areas it must watch in regards to campaign finance?
• It administers all federal law dealing with campaign finance.
• They (1) require the timely disclosure of campaign finance data, (2) place limits on campaign contributions, (3) place limits on campaign expenditures, and (4) provide public funding for several parts of the presidential election process.
5. What are the current disclosure requirements for federal campaigns?
• No individual or group can make a contribution in the name of another.
• Cash gifts of more than $100 are prohibited. So are contributions from any foreign source.
• All contributions to a candidate for federal office must be made through a single campaign committee. Only that committee can spend that candidate’s campaign money.
• Any contribution or loan of more than $200 must be identified by source and by date.
• Any spending over $200 must also be identified by the name of the person or firm to whom payment was made, by date, and by purpose.
• Any contribution of more than $5,000 must be reported to the FEC no later than 48 hours after it is received. So, too, must any sum of $1,000 or more that is received in the last 20 days of a campaign.
6. What are current limits placed on campaign contributions?
• Today, no person can give more than $2,100 to any federal candidate in a primary election, and no more than $2,100 to any federal candidate’s general election campaign.
• No person can give more than $5,000 in any year to a political action committee, or $26,700 to a national party committee.
• The total of any person’s contributions to federal candidates and committees now must be limited to no more than $101,400 in an election cycle.
7. What are PACs? What are their campaign contribution limits?
• PAC = Political Action Committee. PACs are the political arms of special-interest groups—business, labor, professional, cause, and other organizations that try to influence government policies.
• No PAC can give more than $5,000 to any one federal candidate in an election, or $10,000 per election cycle (primary and general election).
• However, there is no overall limit on PAC giving to candidates. Each PAC can give up to $5,000 per election to each of as many candidates as it chooses. A PAC may also contribute up to $15,000 a year to a political party.
8. How do soft money and hard money differ?
• Hard money is raised and spent to elect candidates for Congress and the White House.
• Soft money is given to party organizations for such “party-building activities” as candidate recruitment, voter registration and get-out-the-vote drives, and similar efforts.
Copy and answer questions 1-15 and 21-15 in Cornell format.