9/5/2019

CONSTITUTION AND CONGRESS

THE FOUNDING

The Revolutionary War (1775-1783)

Government under the Articles of Confederation (1783-1789)
Constitutional Convention in Philadelphia (1787)
Ratification of Constitution by the States (1789)
George Washington Elected President (1789)
Passage of the Bill of Rights (1791)
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THE DECLARATION OF INDEPENDENCE

The First Continental Congress - “Declaration of Rights and Grievances”

In 1776, the Declaration of Independence - “unalienable rights”—including life,
liberty and the pursuit of happiness—could not be denied by government.

FRAMING THE CONSTITUTION

The process took approximately a decade & the oldest written national constitution

The process was relatively peaceful

Important lessons learned in early America shaped the document

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THE LESSONS OF THE FIRST DECADE:

STATE CONSTITUTIONS

Relatively weak executives.

Property restrictions on voting and holding office.

THE LESSONS OF THE FIRST DECADE:

ARTICLES OF CONFEDERATION

In 1781 the Articles of Confederation, the first national constitution, were

ratified by the Continental Congress
Key features of the Article of Confederation
 A state of state sovereignty
 National union
 A single governing institution, the Congress
 Delegates representing the states
 Equal state vote
 Limited powers
 Supermajority requirement
 Amendments
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THE CONSTITUTIONAL CONVENTION: THE VIRGINIA

PLAN VS. THE NEW JERSEY PLAN

Virginia plan
 Proposed a whole new government
 Bicameral legislature with broad power
 National executive and judicial branch
 Supported by the large states

The New Jersey Plan

 Unicameral legislature.
 New powers.
 National executive.
 Supported by the small states

THE GREAT COMPROMISE

Representation – bicameralism
 Is this the creation of institutional paralysis?
 The tyranny of the majority vs. the tyranny of the minority?

The presidency – the electoral college

 Why do we have the electoral college?
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THE CONSTITUTION
This goal led to the institution of constitutional principles such as:
1. Bicameralism
2. Separation of Powers
3. Checks and Balances
4. Federalism
5. Electoral College
6. An Amendment Process
7. Bill of Rights (First ten Amendments ratified in 1791)

CHECKS AND BALANCES

“If men were angles no government would be necessary. If angles were to govern
men, neither external nor internal controls on government would be necessary. In
framing a government of men over men the great difficulty lies in this: you must first
enable the government to control the governed; and in the next place oblige it to
control itself.”
—Madison, Federalist #51
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THE SEPARATION OF POWERS

CHECKS AND BALANCES

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CONGRESS HAS A SPLIT PERSONALITY

BICAMERALISM
The House of Representatives The Senate
1929: number fixed at 435 100 members
Number of representatives each state Each state represented by two
can elect based on state’s population senators
Apportionment: distribution of seats Senators serve six-year terms
according to population
Representatives serve two-year terms
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THE POWERS OF CONGRESS

 Congress has extensive expressed (enumerated), inherent, and implied powers.
 The extent of Congress’s implied powers is a subject of debate.
 The powers of Congress have expanded over time with the growth of government.
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THE POWERS OF CONGRESS

The Constitution is vague and specific about congressional power:
•Enumerated powers
• come from Article I, Section 8 of the Constitution
• control of money, taxation, spending, regulating commerce
• regulation of trade beyond state borders
• regulation of military
• defining the court structure

•Implied powers
• come from the necessary and proper clause
• come from the Supreme Court’s ruling in McCulloch v. Maryland in 1819
• allows Congress to enact laws that may assist the Congress in accomplishing goals directly related to
the enumerated powers

EXPRESSED POWERS OF CONGRESS

Financing Powers
Uses power to “lay and collect taxes”
by levying direct taxes and indirect
taxes
Has power to borrow money on
behalf of the United States in case of
deficit
Commerce Power
Has power to regulate interstate
commerce under Constitution’s
commerce clause
Only Congress can pass laws
affecting economic activity that takes
place across state lines.

EXPRESSED POWERS OF CONGRESS
Defense-Related Powers
Framers granted Congress power to
declare war
Congress retains power to raise army
and navy and to provide for their
funding
ARTICLE I, SECTION 8
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Other Expressed Powers
Deal with regulation of national
economy (coinage, postal service,
copyrights and patents, weights and
measures)
Include establishing bankruptcy law,
naturalization process, courts
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IMPLIED POWERS: THE NECESSARY AND PROPER CLAUSE

The Necessary and Proper Clause gives to Congress the power:
“To make all Laws which shall be necessary and proper for carrying into Execution 
the foregoing Powers and all other Powers vested by this Constitution in the 
Government of the United States, or in any Department or Officer thereof.”
Article I, Section 8, Clause 18

STRICT VERSUS LIBERAL CONSTRUCTION

Strict Constructionists
Strict constructionists, led by Thomas
Jefferson, argued that Congress
should only be able to exercise (1) its
expressed powers and (2) those
implied powers absolutely necessary
to carry out those expressed powers.
Liberal Constructionists
Liberal constructionists, led by
Alexander Hamilton, favored a
liberal interpretation of the
Constitution, a broad interpretation
of the powers given to Congress.
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THE IMPLIED POWERS OF CONGRESS

NONLEGISLATIVE POWERS
Constitutional Amendments
Electoral duties
Impeachment power
Executive powers – appointments and treaties
Investigative powers
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LIMITS ON THE POWERS OF CONGRESS

 Many clauses in Constitution protect citizens’ basic civil rights
 Congress may not suspend writ of habeas corpus, except in cases of
rebellion or invasion
 Congress is forbidden from passing bill of attainder, law that allows
person to be punished without trial
 Constitution also forbids Congress from passing ex post facto laws,
laws that criminalize a past action
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METHODS FOR AMENDMENT