1. Chapter 11: The
Powers of Congress

2. Where Does Congress’ Power Come From?
Congress gets all of its power from Article I of the U.S. Constitution

3. Powers of Congress Congress has 3 kinds of power:
Expressed – directly written in the Constitution
Implied – reasonably assumed based on the expressed powers
Inherent – nowhere in the Constitution, but always held by national governments

4. Interpreting the Constitution
How much power Congress has depends on how we interpret the Constitution
There are two major “schools of thought” on how much power Congress should have

5. Interpreting the Constitution
Strict Constructionist (originalist)– believe that Congress should only have the expressed powers and no more
Support very limited government
Believe that individual liberty is most important
First SC was Thomas Jefferson

6. Interpreting the Constitution
Liberal Constructionist (living constitution) – believed that we should interpret the Constitution loosely, so that Congress could have more power
Support an active government
Believe that governmental effectiveness is most important
First LC was Alexander Hamilton

7. Powers that Both Houses use Together
Powers of Money and Commerce
Power to “lay and collect taxes”
Cannot tax for private benefit
Cannot tax exports
Federal tax rates must be the same in all states

8. 2 Kinds of Taxes Direct Tax – paid by the person it is imposed upon
Income tax, Property tax

9. 2 Kinds of Taxes
Indirect tax – imposed on one person, but paid by another
Cigarette Tax, Gas Tax

10. Powers that Both Houses use Together
Powers of Money and Commerce
Power to “borrow money on the credit of the United States”
Deficit – money spent exceeding tax revenue, must be borrowed this year to pay our bills ($172 billion in 2007)
Borrowed by selling bonds

11. Powers that Both Houses use Together
Powers of Money and Commerce
Power to “borrow money on the credit of the United States”
Debt – total of all deficits yet to be paid back, plus interest owed (over $9 Trillion)

12. Powers that Both Houses use Together
Powers of Money and Commerce
Power to “regulate commerce among the several states”
Power is often extended to do seemingly unrelated implied powers
Build interstate highways
Ban racial discrimination

13. Gibbons v. Ogden, 1824
New York had given Robert Fulton exclusive rights to operate a steamboat on the Hudson River
Fulton gave Ogden a permit to operate the steamboat for him
Gibbons had a license from the U.S. government to operate a steamboat in the same area

14. What are the Constitutional Issues?
Whose permit is supreme?
What does “commerce” mean?

15. Gibbons v. Ogden, 1824
The court decides to interpret “commerce” very broadly
“Commerce” means virtually all commercial interactions
Thus, Congress can regulate just about anything

16. Powers that Both Houses use Together
Powers of Money and Commerce
Power to “coin money and regulate the value thereof”
Power to “establish uniform laws on the subject of bankruptcies”
Bankruptcy – person declared incapable of repaying debt, debts are cleared

17. Expressed Powers: Foreign Relations
Congress has the power to declare war
However, they have abdicated the power to wage war to the president

18. How Congress Lost This Power
Congress passed the Gulf of Tonkin Resolution, allowing the Pres. to use troops without Congress’ permission
Tried to take power back with War Powers Resolution (1973)

19. Why Would Congress Do This?
Congress is a collection of cowards – most don’t want to accept responsibility for mistakes

20. Other Expressed Powers
Naturalization – setting the rules to become a citizen
Postal Power – Congress sets up the Post Office
Copyrights and Patents
Weights and Measures – making sure they mean the same thing nationwide

21. Other Expressed Powers
Power over territories – Congress controls territories, and decides whether they become states or not
Eminent Domain – Congress can take private property for public use
Judicial Power – Congress sets up the court system

22. Implied Powers
Necessary and Proper Clause – Where the implied powers come from
Tells Congress they can make any laws “necessary and proper” for carrying out their expressed powers

23. McCulloch v. Maryland (1819)
First case that tested the Necessary and Proper Clause
Congress created a national bank, and Maryland hated it
Maryland placed a tax on all national bank transactions to try and put it out of business

24. John Marshall and the Court Say:
Any laws Congress passes, so long as they hold to the spirit of the Constitution, are okay
This is a liberal constructionist position
Since this case, Congress has used many implied powers

25. Nonlegislative Powers
Propose Constitutional Amendments with 2/3 vote in both houses
House of Reps. chooses the president if no candidate gets a majority in the electoral college
Senate chooses vice-president

26. Nonlegislative Powers
Impeachment – means to bring criminal charges against
Impeachment requires majority vote in the House

27. Nonlegislative Powers
After House votes, trial begins
Chief Justice acts as judge, Senate acts as jury

28. Nonlegislative Powers
A conviction, which would remove the pres. from office, requires a 2/3 vote in the Senate

29. Executive Powers
Appointment – President appoints officials with majority approval of Senate

30. Executive Powers
Treaties – President makes treaties, but Senate must approve with 2/3 vote