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

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.

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.

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

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

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

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

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

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

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