1. Chapter 5 Section 2
Mr. Gordon

2. A Fire Leads to Change

3. Defining the Powers of Congress
Three types of powers held by Congress
—Expressed: spelled out in Constitution
—Implied: suggested in Constitution in the necessary and proper clause
—Inherent: powers a government maintains simply because it is a government
In addition to granting powers to Congress, the Constitution explicitly denies powers to the legislative branch.

4. Expressed Powers of Congress
Financing Powers
Uses power to “lay and collect taxes” by levying direct taxes and indirect taxes
Has power to borrow money on behalf of the United States in case of deficit

5. Expressed Powers of Congress
Commerce Power
Has power to regulate interstate commerce under Constitution’s commerce clause
Only Congress can pass laws affecting economic activity that takes place across state lines.

6. Expressed Powers of Congress
Defense-Related Powers
Framers granted Congress power to declare war
Congress retains power to raise army and navy and to provide for their funding

7. Expressed Powers of Congress
Other Expressed Powers
Deal with regulation of national economy (coinage, postal service, copyrights and patents, weights and measures)
Include establishing bankruptcy law, naturalization process, courts

8. Expressed Powers of Congress
Clause 1:
To levy taxes
Clause 2:
To borrow money

9. Expressed Powers of Congress {continued}
Clause 3:
To regulate foreign and interstate commerce
Clause 4:
To establish uniform rules of citizenship

10. Expressed Powers of Congress {continued}
Clause 5:
To coin money; to set uniform weights and measures
Clause 6:
To punish counterfeiters

11. Expressed Powers of Congress {continued}
Clause 7:
To establish post offices and post roads
Clause 8:
To make copyright and patent laws

12. Expressed Powers of Congress {continued}
Clause 9:
To establish national courts inferior to the Supreme Court

13. Expressed Powers of Congress {continued}
Clause 10:
To define and punish piracy and other violations of international law
Clause 11:
To declare war
Clause 12:
To raise and support armies

14. Expressed Powers of Congress {continued}
Clause 13:
To raise and maintain a navy
Clause 14:
To establish military laws
Clause 15:
To call up a national militia in times of uprising or foreign invasion

15. Expressed Powers of Congress {continued}
Clause 16:
To organize, arm, and discipline a militia when it is called into service
Clause 17:
To exercise jurisdiction over the District of Columbia

16. Expressed Powers of Congress {continued}
Clause 18:
To make all laws necessary and proper to the execution of any of the other expressed powers
Over time, Clause 18, the necessary and proper clause, has become the source of authority for much of the congressional legislation that affects Americans’ everyday lives.

17. Landmark Supreme Court Cases Gibbons v. Ogden (1824)
Why It Matters:
Gibbons v. Ogden was the first case in which the Supreme Court ruled on the Constitution’ commerce clause, which concerns Congress’s power to regulate interstate commerce.

18. Implied Powers of Congress
Loose and Strict Constructionists
Founders disagreed about how necessary and proper clause should be defined
Strict constructionists
—Congress should only exercise powers explicitly granted in Constitution
—Known as Antifederalists
Loose constructionists
—Congress should have more freedom to interpret Constitution
—Known as Federalists
The Necessary and Proper Clause Today
Has led to expanded federal authority over time

20. Non-legislative Powers
Powers Common to Both Houses
Propose constitutional amendments
Conduct investigations
Ability to issue subpoenas, documents that require person to testify
Powers of the Senate
May choose vice president
Provides advice and consent on presidential appointments
Must approve treaties negotiated by president
Powers of the House
Under Twelfth Amendment, House can choose president if no candidate receives majority of electoral votes

21. Limits on the Powers of Congress
Many clauses in Constitution protect citizens’ basic civil rights
Congress may not suspend writ of habeas corpus, except in cases of rebellion or invasion
Congress is forbidden from passing bill of attainder, law that allows person to be punished without trial
Constitution also forbids Congress from passing ex post facto laws, laws that criminalize a past action

22. The Changing Power of Congress
In the twentieth-century Congress expanded its power to meet the needs of the growing nation.
Responded to severe economic crisis in 1930s: provided Social Security, help to unemployed
Post–World War II, responded to new status of nation as dominant world power: created new U.S. Air Force, CIA, NASA
Delegated some powers to federal agencies it created

23. Advice is Free
Put your head down and work hard. Never wait for things to happen, make them happen for yourself through hard graft and not giving up.

24. Summary of Case
Ogden was given an exclusive license, pursuant to a New York statute, to run a ferry between New York and New Jersey. Gibbons obtained a license, pursuant to federal law, to run a ferry in New York waters, thus, running in interference with Ogden’s license. Ogden sought an injunction against Gibbons.

25. Questions
Did the State of New York exercise authority in a realm reserved exclusively to Congress, namely, the regulation of interstate commerce?
List some ways this ruling affected your life. For example, do you ever buy things that were made in other states? If you had a successful invention and wanted to sell it around the country, would you face different sets of trade requirements in each state?