Congress Notes 2 Power of Congress

Where Congress Gets Power The Constitution places certain limits on the power of Congress Congress derives power from the constitution in three different ways: expressed powers, implied powers, inherent powers There are two different schools of thought in regards to the powers given to congress by the constitution.

Views on the powers of the Constitution Strict Constructionists: led by Thomas Jefferson, they believed that Congress should be limited to its expressed powers and the implied powers that are absolutely necessary Liberal Constructionists: led by Alexander Hamilton, they believed that the constitution gave congress a broader scope of national power

Congress’ Changing Powers A more liberal view of congress’s power is what has led to the power that they enjoy today Events such as wars, economic crisis and national emergencies have validated congress’s view of their expansive power

Expressed Powers Much of Congress’s expressed power can be seen in how they use their power and how the courts rule on the constitutionality of their actions This process is still taking place today One of Congress’s primary functions is the power to tax Taxation is levied for a variety of different reasons that include: to raise money for the public good, protect domestic industry, and for public safety reasons

Taxation The power to tax does have its limits Different types of taxation: direct tax, indirect tax. Direct Tax is a tax on an individual i.e. Income Tax or property tax Indirect Tax is a tax paid by purchase of a good or service i.e. when you buy tires, you pay a portion of the taxes the manufacturer paid for various components used in making the tires. The tires price reflects this, more tax on items in the process, the more you pay for the product.

Expressed Powers Continued Congress also has the power to borrow money on behalf of the country Commerce Power is Congress’s power to regulate interstate and foreign trade Congress also has the ability to coin and assign value to money

Expressed Powers Continued Along with the power to make and assign value to money, congress also makes laws that deal with bankruptcy When the government determines that a person is not able to pay their debts, bankruptcy proceedings occur and the persons assets are distributed to those who the debt is owed

Expressed Powers Continued Congress has power over foreign relations in regards to war and the power to regulate foreign trade Some of congresses other powers consist of the following: naturalization, the postal power, copyrights and patents, weights and measures, power of eminent domain, and judicial powers

The Implied Powers The Necessary and Proper Clause gives Congress the power to enforce the powers given to them by the constitution This power has been a point of controversy since its inception Some feel that the clause is interpreted in to liberal of a fashion and that congress has abused the power that it gives them No matter what the issue the foundation for using the necessary and proper clause must be found in the expressed powers of congress

Non-legislative Powers Congress also is charged with responsibilities and powers that do not have to do with making laws Congress plays a key role in amending the constitution Congress can propose an amendment to the constitution with a 2/3 vote in both houses The House and The Senate can be called upon to elect the President and Vice President if neither of the possible candidates receive a majority of the votes Impeachment: House votes for impeachment, Senate sits as court for hearing Congress has executive approval on appointments and treaties Lastly Congress has an investigatory power to oversee the operations and activities of agencies and individuals within the government