1. Powers of Congress
Unit 2

2. I. The Scope of Congressional Powers

3. A. Congressional Powers
Expressed Powers
Implied Powers
Inherent Powers

4. B. Strict vs. Liberal Construction
Strict Construction
Only use express powers and the implied powers ABSOLUTELY necessary to carry out expressed powers
Jefferson

5. B. Strict vs. Liberal Construction cont.
Liberal interpretation of Constitution
Broad construction of powers given to Congress
Hamilton

6. II. Expressed Powers

7. A. Power to Tax
Purpose of Taxes
Raise money to meet public needs

8. A. Power to Tax cont. Limits on Taxing Power
Only tax for public purposes
Can’t tax exports
Direct taxes apportioned among states based on population
Indirect taxes must be equal in each state

9. B. Borrowing Power
Public Debt = money borrowed by the Fed. Gov’t owed (includes interest)
Deficit Financing = spending more than the gov’t takes in

10. C. Commerce Power
Commerce Power = regulate interstate and foreign trade
Gibbons v. Ogden (1824) - allows Congress to regulate commerce between states

11. D. Currency Power
Coin money and regulate its value

12. E. Foreign Relations Power
1. Congress shares this power with the President

13. F. War Powers Declare war Raise and support army and navy
Make rules about governing land and naval forces

14. G. Other Expressed Powers
Naturalization
Postal Power
Copyrights and Patents
Weights and Measures
Powers over territories
Judicial Powers

15. III. Implied Powers

16. A. Necessary and Proper Clause
“Elastic Clause”
Gives implied powers

17. B. Battle over Implied Powers
Strict Constructionists
McCulloch v. Maryland, 1819
Using implied powers

19. IV. Non-legislative Powers

20. A. Constitutional Amendments
Congress can propose amendments to the Constitution

21. B. Electoral Duties
12th Amendment = House of Reps can choose president if no majority of electoral vote
Jefferson (1800), John Q. Adams (1824)

22. B. Electoral Duties cont.
25th Amendment = President’s successor if there’s no VP is subject to majority in both houses of Congress
Ford as Nixon’s VP in 1973 and Rockefeller as Ford’s VP in 1974

23. C. Impeachment
House of Reps has power to impeach (accuse or bring charges)
Andrew Johnson (1868) and Bill Clinton (1998) were both impeached and acquitted

24. C. Impeachment cont.
Richard Nixon resigned to avoid impeachment

25. D. Executive Powers Appointments
Senate must confirm all presidential appointments by majority vote
Treaties
President makes treaties with 2/3 of Senate’s consent

26. E. Investigatory Power
Congress investigates anything that relates to its legislative powers