The Legislative Branch

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1 The Legislative Branch

2 Objectives While studying this chapter, the student will learn to: 1. Identify the powers granted to Congress by Article I of the Constitution. 2. Identify the methods by which the powers of Congress are checked. 3. State ways in which the federal government is a limited government of enumerated powers. 4. Note how Congress enlarges its scope of authority by use of its enumerated powers in conjunction with the Necessary and Proper Clause.

3 Powers of Congress Article I of the Constitution Section I states: All legislative powers herein granted shall be vested in a Congress of the United States, which shall consist of a Senate and House of Representatives. Where are these powers enumerated? What are they?

4 Powers of Congress Lay and Collect Taxes. Pay the debts and provide for the common and general welfare of the people. Borrow money, coin money and punish counterfeiting. Regulate interstate and foreign commerce. Develop the process of naturalization and control immigration. Establish post offices and post roads. Define and administer copyrights and patents.

5 Powers of Congress Declare war; provide for the armed services. Serve as authority over the District of Columbia and United States Territories. MAKE ALL LAWS NECESSARY AND PROPER FOR CARRYING INTO THE EXECUTION OF THE ABOVE ENUMERATED POWERS. The constitution by giving enumerated powers to the Congress, limits the power of the Congress!!

6 Powers of Congress The last enumerated power Necessary and Proper Clause is the most important of the enumerated powers. WHY? Can anyone give me an example of the way this may happen? This delegation of limited powers to Congress embodies concept of Federalism and in the 10 th Amendment it states that all powers not delegated to Congress are reserved to the States.

7 Powers of Congress What is the Commerce Clause? What is the Great Compromise? There will be a Senate and a House of Representatives. This division of two distinct bodies in Congress ensures a check and balance. How does that happen?

8 Taxing and Spending Power This is one of the enumerated powers. Congress can raise money by taxing and spend money. No other branch of government can do this. How does Congress spend money? By way of an Appropriations Bill!!! What is an appropriations Bill? Once a the yearly budget is passed by Congress what happens?

9 Taxing and Spending Power What is the Presentment Clause? The President either signs the Bill into law or vetoes the Bill. Can the President exercise a line item veto on the Bill? Why or Why not? The Presentment Clause gives the President only three choices: Sign the Bill.

10 Taxing and Spending Power Do nothing and let the Bill become law in ten days. Veto the Bill and then Congress can override the Veto by two thirds vote. Give me an example of Congress exercising its spending power in an unusual way.

11 War Power and Treaty Power Congress is the only branch of government that can declare War. Also Congress can use its War Power to pass laws that it otherwise not be able to do. What may be some of those laws give me an example. What does the Hamilton v. Kentucky Distilleries co., case stand for?

12 War Power and Treaty Power In Woods v. Miller Co. what did the Supreme Court allowed Congress to do? Which of the enumerated powers were involved here? What did the Supreme Court do and say? That Congress can use its War Powers to remedy the evils which have arisen from its rise and progress and continues for the duration of that emergency the Powers does not necessarily end with the cessation of hostilities.

13 War Power and Treaty Power What else can Congress do under this enumerated power? Congress has the power to declare War. Congress appropriates money for the Military. Congress makes rules for the regulation of the armed forces. The Senate must approve treaties with a two thirds vote.

14 War Power and Treaty Power The President as commander in chief can make war by ordering troops into battle. The President as commander in chief can spend only that which is appropriated. The President as commander in chief can also establish rules for the military. The President negotiates treaties with foreign countries. We will look at the Presidency in Chapter 3.

15 Clinton v. City of New York We discussed this briefly last week. Now you have read the case some one brief it for me.

16 THE END

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