1. The United States Congress The EXPRESSED & IMPLIED Powers of Congress

2. I. Delegated Powers
Congress has only those powers Delegated it in the Constitution
27 Total Powers
Expressed Powers: written directly in the Constitution
Implied Powers: powers that are “reasonably suggested”; Elastic Clause
Inherent Powers: powers that exist because the government exists
***These powers are subject to interpretation (206 powers, 190 undisputed)
How do our lawmakers view their ability to make new laws?

3. II. Constructionists
Strict Constructionist: Congress has only those expressed and implied powers that are absolutely necessary to carry out an expressed power
Supported by Thomas Jefferson
Believe more in the 10th Amendment & less in the Elastic clause
Believe more in State’s Rights; “the government that governs least, governs best”
Narrow interpretation of the Constitution
Modern day Libertarians and conservatives???
Strict: If we are not given the power to enact something we probably can’t vs ….
Loose- If it doesn’t say we can’t do it (1-9), we probably can.

4. II. Constructionists Powers denied to Congress
Writ of Habeas Corpus shall not be suspended, unless in cases of rebellion or invasion or when public safety may require it.
Habeas Corpus: must be told what you are being charged with and how long you will be held in prison
No Bill of Attainder or Ex Post Facto law shall be passed
Bill of Attainder: legislative branch declares a person guilty and punishes them without trial
Ex Post Facto Law: making an act that was formerly legal, now illegal, and punishing accordingly; or increasing the punishment for a previous act that was committed

5. II. Constructionists
Liberal Constructionist: broad interpretation of the powers expressed to Congress
Supported by Alexander Hamilton
Believe in more Elastic Clause /General Welfare and less 10th Amendment
1-8-1: The Congress shall have Power To lay and collect Taxes, Duties, Imposts and Excises, to pay the Debts and provide for the common Defence and General Welfare of the United States; but all Duties, Imposts and Excises shall be uniform throughout the United States

6. II. Constructionists
Country needs an “Energetic Government” to address needs as they arose (FDR, Trump-Wall)
Modern day Liberals, progressives, “activist judges”
Broad interpretation of the Constitution
This ideology definitely WON OUT!!!

7. Expressed Powers – Money & Commerce
***Art. 1 Sect. 8 has 18 clauses expressing 27 powers
***Interpreting these powers, even the expressed ones, is the job of the Supreme Court
The Power to TAX - “The Congress shall have Power To lay and collect Taxes, Duties, Imposts and Excises, to Pay the Debts and provide for the Common Defense and General Welfare of the United States” Article 1, Section 8, Clause 1

8. III. Money and Commerce Limits on Taxing Power Purpose of Taxes
Tax a charge levied by government on persons or property to raise money to meet public needs.
***Can be levied to protect public health and safety as well.
Tariff brings in revenue too, but its real goal is to protect domestic industry against foreign competition.
Limits on Taxing Power
Congress may tax only for Public purposes, not for private benefits
May not tax Exports: goods we sell to other countries

9. III. Money & Commerce
The Power to BORROW – Congress has the power to borrow money on the credit of the US
Deficit Financing: gov’t spending more than it takes in each year in taxes (must borrow to make up the difference)
Debt: all of our deficits combined throughout our history – currently $20 Trillion

10. III. Money & Commerce
Commerce Power: power of Congress to regulate interstate and foreign Trade
Limits on Commerce Power
Cannot Tax Exports
Making states have to have equivalent tax rates

11. III. Money & Commerce
Currency Power: power to coin money and regulate the value thereof (Fed. Reserve)
Bankruptcy Power: establish uniform Bankruptcy laws
Bankruptcy: person’s/business’ assets are distributed to those in whom a debt is owed

12. IV. Other Expressed Powers
Foreign Relations Power: States have NO independent relations with other nations
They are not Sovereign (P-T-S-G)

13. IV. Other Expressed Powers
War Powers
Only Congress may officially Declare War
Congress has the power to raise and support armies, provide & maintain a navy, and make rules pertaining to the governing of Land and Naval forces.
War Powers Act: Forbids military from remaining for more than 90 TOTAL days without an authorization of the use of force (from Congress) or a declaration of war.

14. IV. Other Expressed Powers
Naturalization: Citizens of one country becoming citizens of another
Postal Power: establishing Post offices and Post Roads

15. IV. Other Expressed Powers
Copyrights and Patents:
Copyright: the exclusive right of an author to reproduce, publish, and sell his or hers creative work. “Intellectual property.”
Good for the life of the author plus 70 years
Ex. Books, lyrics, cartoons, photographs, movies, etc.
Patents: grants a person the sole right to manufacture, use, sell “any new and useful art, machine, manufacture, or composition of matter, or any new and useful improvement thereof.”
Good for years

16. IV. Other Expressed Powers
What is the difference?
Copyright protects original works of authorship
Patent protects inventions and discoveries
What about a trademark?
Trademarks last Forever and protect Words
Ex. Nike Symbol, “Three Peat,” Trump – “You’re Fired” possibly

17. IV. Other Expressed Powers
Weights and Measures Power
Accurate, uniform gauges of time, distance, area, weight, volume and the like
1838 pound, ounce, foot, gallon, quart; 1868 they also legalized the metric system.
Power over territories and other areas
Congress has the power to Acquire, Manage and dispose of various federal areas. (District of Columbia, P.R., Guam, Virgin Islands and things like military installations, arsenals, dockyards, prisons, parks)
Congress may also Acquire Property by purchase or gift
Eminent Domain: Congress may take property for private or public use

18. IV. Other Expressed Powers
Judicial Powers
Power to create all federal courts below the Supreme Court
Define federal crimes and set Punishments for violators of fed. Law – Constitution only names 4 crimes:
Counterfeiting
Piracies and felonies on the high seas
Offenses against International Law
Treason

19. IV. Other Expressed Powers
Non-Legislative Powers
Constitutional Amendments: Congress may propose amendments by a 2/3 vote (33 times…only 27 passed)
Impeachment: formal accusation; bring charges against the President
House: sole power of impeaching (charging)
Senate: sole power to conduct the TRIAL
Impeachment only requires a majority vote in the House
Conviction requires 2/3 (67) vote in the Senate
REMOVAL of the elected official is IMMEDIATE upon conviction

20. IV. Other Expressed Powers
3 Presidents: A. Johnson, Clinton, & Nixon
In the case of Nixon, the House brought forth 3 articles of impeachment. One of which, was Nixon’s refusal to respond to their Subpoena: a legal order requiring a person to appear in court and/or produce certain evidence. Nixon Resigned before the trial began.

21. IV. Other Expressed Powers
Executive Power
Appointments: all appointments made by the President must be approved by a majority vote of the Senate
Treaties: President makes treaties with the advice and consent of the Senate, providing 2/3 of the Senate agree