Constitutional Powers Chapter 6, Section 1

Constitutional Provisions Expressed powers, or enumerated powers – the legislative powers of Congress in Article I, Section 8, Clauses 1-18. Necessary and Proper Clause – implies that Congress has powers beyond those in the first 17 clauses, called the implied powers.

Listed Powers of Congress Money Powers Lay and collect taxes – provide for the defense and general welfare (Clause 1) Borrow money (Clause 2) Establish bankruptcy laws (Clause 4) Coin, print, and regulate money (Clause 5) Punish counterfeiters of American currency (Clause 6) Commerce Powers Regulate foreign and interstate commerce

Listed Powers of Congress Military and Foreign Policy Powers Declare war (Clause 11) Raise, support, and regulate an army and navy (Clauses 12, 13, and 14) Provide, regulate, and call into service a militia known as the National Guard (Clauses 15 and 16) Punish acts committed on international waters and against the laws of nations (Clause 10)

Listed Powers of Congress Other Legislative Powers Establish laws of naturalization (Clause 4) Establish post offices and post roads (Clause 7) Grant copyrights and patents (Clause 8) Create lower federal courts (Clause 17) Govern Washington, D.C. (Clause 17) Provide for laws necessary and proper for carrying out all other listed powers (Clause 18)

Implied Powers of Congress Money Powers Support public schools, welfare programs, public housing, etc. Maintain the Federal Reserve Board. Commerce Powers Prohibit discrimination in restaurants, hotels, and other public accommodations.

Implied Powers of Congress Military and Foreign Policy Powers Draft people into armed services. Other Legislative Powers Limit the number of immigrants to the United States. Appropriations bills Laws proposed to authorize spending; not spelled out in the Constitution. These generally originate from the executive branch.

Implied Powers of Congress Other Money Powers Congress also has the power to pay for government costs. The most common method for raising funds is through the selling of government securities, called bonds. Congress returns the money by repaying the buyers with interest at the end of the specified period of time.

Implied Powers of Congress Other Money Powers Since 1898 Congress has also had the ability to make laws on bankruptcy. These laws protect the assets of a person or business that cannot pay their debts. The Commerce Power Authorizes Congress to regulate foreign and interstate commerce (trade among states). This provision has been called one the most sweeping powers of the government.

Implied Powers of Congress Gibbons v. Ogden The state of New York granted Aaron Ogden and Robert Fulton exclusive control over the NY steam boat industry. Thomas Gibbons started a competing line that took passengers from New York to New Jersey. He had received a federal permit which overrode the state permit. The court ruled that ultimately the national government had majority control over interstate commerce.

Implied Powers of Congress Foreign Policy Powers Congress shares power with the president to make foreign and national defense policy. This includes: approve treaties declare war create and maintain an army/navy make rules governing land and naval forces regulate foreign commerce.

Nonlegislative Powers of Congress Choosing a President The Electoral College votes for a new president. Made up of representatives from each state. Removal Powers Gives Congress the power to remove any federal official from office. A formal accusation of misconduct in office is called impeachment. 2/3 vote

Nonlegislative Powers of Congress Confirmation Power States that the senate must approve presidential appointment to office Ratification Power The senate must also ratify formal treaties with other nations. The Amendment Power Congress and state legislatives share the power to propose amendments to the Constitution.

Created By: Conner Berkley Emmett Jordan