1. Powers of Congress
Chapter 11

2. The Scope of Congressional powers
Chapter 11 Section 1
The Scope of Congressional powers

3. Congressional Power
Only has powers delegated to it by the Constitution
Expressed: in specific wording
Implied: reasonable deduction from expressed powers
Inherent: powers held by all national governments

4. Strict Versus Liberal Construction
Strict Constructionist: those who insisted that Congress should only be able to exercise its expressed powers and only a few implied powers

5. Strict Versus Liberal Construction
Liberal Constructionists: favored a broad construction of the powers given to Congress.

6. The Expressed Powers of Money and Commerce
Chapter 11 Section 2
The Expressed Powers of Money and Commerce

7. Article I, Section 8
This is where the majority of Congress’ powers come from.
18 separate clauses
27 different powers explicitly given

8. The Power to Tax
Tax: a charge levied by government on persons or property to meet public needs.
Power is limited
No church taxes
Poll taxes
Only for public purposes
No taxes on exports
Direct taxes must be apportioned among the states according to their populations
All indirect taxes must be levied at the same rate in all parts of the country (tobacco)

9. The Borrowing Power
The power to borrow money on the credit of the United States
Deficit financing: the US spends more than it makes
Public Debt: all money borrowed not yet repaid, plus interest.

10. The Commerce Power
Congress’ power to regulate interstate and foreign trade
Gibbons v. Ogden, 1824
New York v. Federal Gov’t with regulation of steamboats
Court’s ruling ends shipping monopolies based on commerce

11. The Currency Power The power to coin money and regulate it’s value
The Bankruptcy Power
Congress may establish uniform laws for bankruptcy across the U.S.
The distributing of assets to those who one owes debts

12. Other Expressed Powers
Chapter 11 Section 3
Other Expressed Powers

13. Foreign Relations Powers
Many powers expressed
Matters affecting security of nation or immigration are inherent powers
War Powers
8 of the listed powers deal with war and national defense

14. Other Expressed Powers
Naturalization: process by which citizens of another country become citizens of the U.S.
Postal Power: establish post offices, and routes.
Copyrights and Patents:
The exclusive right of an author to reproduce, publish, and sell his or her creative work.
Life of author, plus 70 years
The sole right to manufacture, use, or sell “any new and useful art, machine, manufacture, or composition of matter, or any new and useful improvement thereof.”
20 years, may be extended by act of Congress

15. Other Expressed Powers
Weights and Measures: “fix the standard of weights and measures.”
1838 established pound, ounce, mile, foot, gallon, quart, etc…
1866 legalized use of metric
1901 National Bureau of Standards in
Commerce Department

16. Power Over Territories and Other Areas
Eminent Domain: the inherent power to take private property for public use.
May also acquire property through purchase or gift.
Manage territories
District of Columbia,
Puerto Rico,
Guam,
Virgin Islands

17. Judicial Powers They create all federal courts below the Supreme Court
Define federal crimes and establish their punishments

18. Chapter 11 Section 4
The Implied Powers

19. Necessary and Proper Clause
Article I, Section 8, Clause 18
Where it draws its implied powers
McCulloch v. Maryland, 1819
Supreme Court ruled for McCulloch under the Necessary and Proper Clause
Decision written by Chief Justice John Marshall

20. The Doctrine in Practice
Doctrine: is a principle or fundamental policy. The doctrine of implied powers has been applied in instances too numerous to count.

21. The Non-legislative Powers
Chapter 11 Section 5
The Non-legislative Powers

22. Electoral Duties
The House of Representatives may be called to elect a President if no candidate receives a majority of the electoral votes.
12th Amendment, each state gets 1 vote, must win majority
Also chose VP, but by individual vote of Senate
Thomas Jefferson 1801, John Quincy Adams 1825
VP Richard M. Johnson 1837

23. Impeachment
All civil officers of the U.S. may “be removed from office on impeachment for conviction of, treason, bribery, or other high crimes and misdemeanors.”
Military officers are not considered “civil officers”, nor are members of Congress.
House has sole power to impeach
Senate has the sole power to try, to judge.
Requires majority vote in House, 2/3 vote in Senate

24. Impeachment Andrew Johnson 1868 Senate acquit
Based on his breaking a law that was passed after he vetoed it
Bill Clinton 1998
Senate acquit
“inappropriate relationship” with a White House intern

25. Executive Powers Two executive powers given to the Senate
Appointments: all made by President must be confirmed by Senate
12 of 600 appointments have been rejected
Treaties: made “by president with advice and consent of the Senate,….provided two thirds of the Senators present concur.”

26. Investigatory Power
May investigate any matter that falls within the scope of its legislative powers.