Enumerated powers of Congress and Implied powers of Congress The United States is a government of enumerated powers.  Congress, and the other two branches of the federal government, can only exercise those powers given in the Constitution.

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CONTINUED The enumerated powers are a list of specific responsibilities found in Article I Section 8 of the U.S. Constitution…it gives the federal government a certain list of duties and areas of jurisdiction.

Expressed powers are like enumerated powers… Expressed powers are like enumerated powers…. they are powers that give specific authorities granted to the lawmaking body of our government. These specific powers allow the Congress to create the laws necessary to run our country. Expressed powers fall into the following categories:

1) Fiscal Power The Congress is responsible for levying and collecting taxes. This money is used to pay our country's debts and to provide for the defense and well-being of our nation.Congress controls borrowing money and coining and printing currency. They also establish standards for weights and measures and punish counterfeiters.

2) Trade Regulation The Congress holds the power to regulate foreign and interstate trade. However, they cannot make a law, which would give an advantage in trade between two or more states

3) Military Power The Congress is responsible for defending our country by establishing a military force. The organization, arming, establishment of military laws - and seeing that military laws are enforced, belongs to Congress. Military power is shared with the president who is considered the Commander in Chief. However, the power to declare war is granted to the Congress.

4) Other Powers Congress is also responsible for establishing rules for citizenship in the United States . They are required to maintain a post office, make laws for copyrights and patents, and govern the District of Columbia . The Constitution also granted the power to establish our federal court system to the Congress.

OTHER POWERS Implied powers" are those powers authorized by a legal document which, while not stated, are deemed to be implied by powers expressly stated. The most important listing of congressional powers appears in Article I, Section 8 which identifies many important powers of Congress.

The last paragraph of Article I, Section 8 grants to Congress the power "to make all laws which shall be necessary and proper for carrying into execution the foregoing powers"--the "Necessary and Proper Clause." The clause is not a grant of power but a declaration that Congress possesses all the means necessary to carry out its specifically granted powers. Classic case recognizing the implied powers of Congress - McCulloch v. Maryland

The limitations to the powers of Congress -Cannot create a national public school system -Require people to vote or attend church -Set a minimum age for marriage or drivers licenses -Cannot abolish jury trials -Confiscate all handguns -Censor the content of newspaper columns or radio or tv broadcasts Congress cannot do theses and a great many other things because the Constitution does not allow.

The powers given to each house of congress in the constitution The powers of Congress are defined in Article I, section 8 of the Constitution: To lay and collect taxes, duties, imports, and excises To borrow money To regulate commerce with foreign nations and among the states To establish rules for naturalization and bankruptcy

To coin money To fix the standard of weights and measures To establish a post office and post roads To issue patents and copyrights To create courts (other than the Supreme Court) To define and punish piracies To declare war To raise and support an army and navy To provide for a militia To exercise exclusive legislative powers over the District of Columbia and other federal facilities

In addition the "elastic" clause (also called the necessary and proper clause) allowed the government to "make all laws which shall be necessary and proper for carrying into execution the foregoing powers, and all other powers vested by this Constitution in the government of the United States ." The Constitution also gives each house of Congress some special, exclusive powers. Such powers given to the House of Representatives are:  

Revenue bills must originate in the House of Representatives Revenue bills must originate in the House of Representatives. Although this power is still honored today, it tends to have blurred over the years. Often budget bills are considered simultaneously in both houses, and tax policy has also become a major initiative of the President.

Impeachment power, the authority to charge the president, vice president, and other civil officers with high crimes and misdemeanor is given to the House. The Senate conducts trials for impeachment, but only the House may make the charge. Special, exclusive powers given to the Senate are: -Major presidential appointments must be confirmed by the Senate. The Senate offers advice and consent to the president by a majority vote regarding the appointments of federal judges, ambassadors, and Cabinet positions.

Treaties with other nations entered into by the President must be approved by a two-thirds vote of the Senate. This provision is an illustration of checks and balances, and it has served as a very important restriction to foreign policy powers of the American President. Important Constitutional Differences between the House and the Senate