Chapter 11 PowersOfCongress

10/14/2015 Free template from 2 Section 1 - Powers ExpressedImpliedInherent

10/14/2015 Free template from 3 Strict vs Liberal Construction Strict (Constitutionalists) –Wanted limited Federal government –Led by Thomas Jefferson –Wanted strict interpretation –Only expressed powers and implied powers absolutely necessary

10/14/2015 Free template from 4 Liberal (Statists) –Strong federal government –Liberal interpretation –Growth of power based on implied powers –Led by Alexander Hamilton

10/14/2015 Free template from 5 Which interpretation has prevailed? Why?

10/14/2015 Free template from 6 Section Two - Expressed Power to tax –Charge levied by government to meet public needs –Limits No private gain Imports only (never on exports) –Types Direct (paid by person on whom it is imposed) Indirect (passed on to ultimate consumer)

10/14/2015 Free template from 7 Power to Borrow –No limit or reason –Deficit Financing spending more than bringing in –Public Debt Amount borrowed, not yet repaid, plus interest

10/14/2015 Free template from 8 Commerce Power –Regulate interstate and foreign trade –Growth of US –Gibbons v Ogden 1824 First Supreme Court case involving commerce clause Dealt with steamboat monopoly

10/14/2015 Free template from 9 Currency Power –Coin money and regulate value –National, uniform, stable monetary system –Legal tender Any kind of money that a creditor must by law accept as payment

10/14/2015 Free template from 10 Bankruptcy Power –Establish laws regarding proceedings –Bankruptcy courts created

10/14/2015 Free template from 11 Section 3 – More Expressed powers Foreign Relations –Shared with President –Greater than any other powers –Two sources Constitutional war powers and trade regulation Inherent powers

10/14/2015 Free template from 12 War Powers –Declare war –Organize military –Prevent use of American forces in combat where state of war does not exist

10/14/2015 Free template from 13 Other Expressed Powers Naturalization Postal power Copyrights and Patents Weights and measures Power over territories Judicial Powers –Define Federal crimes and punishments

10/14/2015 Free template from 14 Section 4 – Implied Powers Necessary and Proper Clause aka Elastic Clause McCulloch v Maryland, 1819 –National bank implied by Constitution

10/14/2015 Free template from 15 Section 5 – Non-Legislative Powers Propose Amendments H of R can choose President if neither candidate gets enough electoral votes; Senate chooses VP H of R can impeach (bring charges); Senate can convict Investigatory Power

10/14/2015 Free template from 16 Executive Powers of Senate –Approve Presidential appointments –Approve treaties