1. UNIT 2: SECTION 2 LEGISLATIVE POWER
Essential Question: Describe the Legislative Power of Congress.

2. The Scope of Congressional Powers
Ways of Interpreting the Constitution
Strict Constructionist: the view that the powers of the federal government should be limited with state governments keeping as much power as possible.
Liberal (Loose) Constructionist: the view that the Constitution should be broadly interpreted and that the role of the federal government is to do all it can to help the people. Under this view, the federal government would have extensive powers.

3. Expressed Powers of Money and Commerce
Congress has the power to Tax and spend
With the power to tax and spend, Congress is considered the most powerful branch of government
Tax moneys are used to meet the public needs by providing programs that enhance life in the US
Public policy: The programs/services that congress provides through federal spending.

4. Where does the money come from?
Direct Taxes: tax that is paid to the government by the person on whom it is imposed
Property taxes
Indirect Taxes: tax that is paid by one person but then passed on to another
Cigarettes

5. Expressed Powers of Money and Commerce
The Power to Regulate Trade
The Commerce Clause gives Congress the authority to regulate trade between states, foreign lands, and with Indian Tribes
The government attempts to stimulate the economy through its actions without increasing inflation

6. Other Expressed Powers
Foreign Relations
The US forms relationships with other nations for economic and political gain
All formal treaties or agreements must be ratified by the Senate before they can be enacted into law

7. Other Expressed Powers
War Powers Resolution, 1973
While the President is the Commander and Chief of the armed forces, only Congress has the authority to declare war

8. The Implied Powers
The Role of the Necessary & Proper Clause on Congressional Power
“The Elastic Clause” allows Congress to expand its powers beyond what was intended by the Framers
The Supreme Court case McCulloch v. Maryland proved the constitutionality of the Necessary and Proper Clause

9. Nonlegislative Powers
Impeachment
If the President, Vice President, or civil officers commits crimes against society, Congress has the power to level charges against them
The Call for Impeachment
It only takes a majority vote in the House to bring charges (call for impeachment)
The Senate then conducts a trial with the Vice President serving as the Judge unless the President is on trial. In that case, the Chief Justice of the Supreme Court serves as judge
Conviction requires a 2/3 vote from the Senate
Penalties could include removal from office, imprisonment, or a permanent ban from public office

10. Other Powers of Congress
Appointments
All major appointments to office by the President are subject confirmation by the Senate
This serves as one of the Congressional checks on Presidential power
Investigatory / Oversight Power
Congress oversees the various government agencies or investigates issues that effect the nation