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Ch.6 Sec.1

Published on Nov 18, 2015

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PRESENTATION OUTLINE

CONSTITUTION POWERS.

  • Can a president initiate military action without a declaration of war?
  • The constitution doesnt give us a direct answers on questions concerning the congress and the president.

CONSTITUTION PROVISIONS

  • These expressed powers of congress are sometimes called the enumerated powers.
  • Enumerated powers are a list of powers granted to congress

CONFLICTING INTERPRETATIONS

  • The first major conflict was between those who believed in a strict construction" or
  • interpretation of the Constitution and those who believed in a "loose Construction".

POWERS DENIED

  • Congress may not suspend the writ of habeas corpus which is a court order
  • To release a person accused of a crime to court determine whether or he
  • Or she has been legally detained.

LEGISLATIVE POWERS

  • Congress has both legislative and nonlegislative powers.
  • Nonlegislative powers inCluded the power to confirm or deny
  • Presidential appointments.
  • Legislative powers the power to pass laws as the nation has grown

THE TAXING AND SPENDING POWER

  • Sometimes called "the power of the purse" the power to levy taxes
  • And provide for the general welfare of the united states is among the
  • Most important powers of congress.

OTHER MONEY POWERS

  • As part of congress money powers, the congress gives the legislative branch
  • The power to coin money and to regulate its value.

THE COMMERCE

  • The so called commerce clause of the constitution authorizes Congress to
  • Regulate foreign commerce and interstate commerce or commerce among the
  • States.

GIBBONS V. ORDEN

  • Ogden sued Gibbons and the state of new york held that Gibbons could not sail
  • In its waters
  • Over the years the court has expanded its definition of commerce to give
  • Congress even greater power.

HEART OF ATLANTA MOTEL V. UNITED STATES

  • A georgia motel owner immediately attacked the law, claiming that the
  • Motel was a local business.

FOREIGN POLICY POWERS

  • Congress shares foreign policy and national defense responsibilities with
  • The president
  • Therefore in 1973 over president nixon veto congress passed the war power.

PROVIDING FOR THE NATION GROWTH

  • The constitution also grants congress power naturalization the progress
  • By which immigrants to the united states may become citizens.

OTHER LEGISLATIVE POWERS

  • Article 1 section 8 gives congress the power to grant copyrights and patents
  • A copyright is exclusive right to publish and sell a literary, musical or
  • Artistic work for specified period of time

NON-LEGISLATIVE POWERS

  • While most non legislative functions of congress require cooperation between
  • The houses each house usually plays a different role in exercising these powers

THE POWER TO CHOOSE A PRESIDENT

  • The constitution requires a joint session of congress to the
  • Electoral college votes.

THE AMENDMENT POWER

  • Amendments may be proposed by a two thirds vote of both houses
  • Or by a convention called by legislatures of two thirds of states.