1. Unit 4, Ch. 5.2:
The Powers of Congress

2. Defining the Powers of Congress:
Expressed Powers: Article I, Section 8 of the Constitution lists 18 specific powers that Congress wields: Coining money, collecting taxes, regulating commerce, raising and maintaining armed forces and declaring war.
Implied Powers: Suggested by the Constitution, gives the power “to make all laws necessary and proper” for executing the expressed powers. This is known as the elastic clause or the necessary and proper clause.
Inherent Powers: Powers that all nations have, called inherent because they don’t need to be spelled out (controlling borders, making treaties).
Powers denied Congress: Limits placed on Congress through Article I, Sec. 9.

3. Expressed Powers of Congress:
These powers fall into 3 broad categories:
powers related to gov. finance/revenue
regulation of commerce
national defense.

4. Financing:
Congress raises money by levying taxes and borrowing money. For much of the nations history we generated funds through tariffs (taxes on imported goods) or through indirect taxes (included in the price of goods). The Framers limited direct taxes (paid directly to the gov.), but the 16th Amendment changed this and income taxes today are where the majority of tax income comes from.
Congress also borrows money on behalf of the US, which allows them to function despite a budget deficit, like during war.

5. Commerce power:
Congress regulates interstate commerce through their ability to be the only one to pass laws affecting economic activity taking place between states. This power is in the commerce clause in the Constitution.
The Supreme Court case Gibbons v. Ogden helped define the commerce clause when it decided that only Congress could have that power. Later, as part of the Civil Rights Act of 1964, Congress used this power to outlaw segregation.

6. Defense-Related Powers:
This power is split between the president and Congress. The president can shape and carry out diplomacy and foreign relations, while Congress can declare war. The president gets around this by sending troops as commander in chief without a declaration of war, only reporting to Congress beforehand.
Since Congress controls funding, they can deny funding for military activities if they don’t agree.

7. Coinage power: the federal gov. not states can coin money.
Other Expressed Powers:
Coinage power: the federal gov. not states can coin money.
National postal service: created a postal system to develop the economy.
Copyrights and patents: writers and inventors retain rights to creations.
Weights and measures: Standardized measures give confidence in sales.
Bankruptcy: establishes laws to be fair and clear to aid commerce.
Naturalization: How immigrants gain citizenship.
Federal Courts: Establishes the Supreme Court and all lower federal courts.
Congressional elections: Passes laws to make laws about the time, place, and manner of electing members.

8. Implied Powers:
The Framers knew they couldn’t list all possible powers Congress would need, so they created the necessary and proper clause to cover them. It was controversial, even then.
On one side, strict constructionists (Antifederalists) argued that Congress should only have powers that the Constitution gave. Loose Constructionists (Federalists) wanted Congress to have freedom to act vigorously if needed.

9. Necessary and Proper Clause Today:
Congress has relied on this clause in many areas, to create programs and laws like Medicare and Social Security. The extent and nature of those powers remain a matter for debate and contention.
The Supreme Court is often called in to address it, but cannot ever be resolved definitively.

10. Nonlegislative Powers:
Both houses together share the power to propose amendments, this requires a 2/3rds majority of both houses. Congress can call a convention to do so as well, if 2/3rds of the states request it.
Both houses can conduct investigations, they can issue subpoenas to require people to testify. They can also impeach officials.

11. Powers of the House:
The House has the sole power of choosing a president if no candidate gets a majority of electoral votes (has only twice in 1800, 1814).
Powers of the Senate:
The 12th Amendment gives the Senate the power to choose a VP if no candidate gets a majority of electoral college votes, each Senator casts a vote. They also can approve treaties from the president and give consent to appointments.

12. Limits on the Powers of Congress:
The strongest check on congressional power is the separation of powers. The Supreme Court’s power of judicial review checks Congress by stopping unconstitutional laws. The president’s veto power checks Congress’s lawmaking powers.
The Constitution also denies certain powers, such as the fact that they weren’t able to prohibit the slave trade until 1808, it can’t favor one state over another, and several clauses protect people’s basic civil rights (suspending habeas corpus). Congress also cannot pass a bill of attainder, laws that punish people without a trial, as well as ex post facto laws (which criminalize actions taking place in the past when they were legal).

13. The Changing Power of Congress:
The scope of Congress’s activities and the range of powers have grown since the founding of our country. During the Great Depression in the 1930’s, Congress responded by passing laws urged by FDR to meet the crisis. This expanded government greatly.
After WWII, Congress created new agencies such as the US Air Force, the CIA, and NASA.