1. Chapter 11
POWERS OF
CONGRESS

2. Chapter 11 Section 1 The Scope of Congressional Powers Objective I
Identify the three types of congressional power.

3. I. Identify the three types of congressional powers.
A. Expressed Powers
Explicit, clearly stated powers
Specific wording
B. Implied Powers
Reasonable deduction from the expressed powers
C. Inherent Powers
Possessed by all sovereign states

4. Chapter 11 Section 1 The Scope of Congressional Powers Objective II
Compare strict construction of the U.S. Constitution on the subject of congressional power to liberal construction.

5. II. Strict versus Liberal Constructionist.
A. Strict Constructionist
1) Narrow, literal interpretation of the Constitution
2) Major proponent – Thomas Jefferson
3) Attitude toward implied powers – use only when necessary
4) Attitude toward national power – should be restrained and limited, except for defense
5) Attitude toward state power – should remain strong and keep most power

6. II. Strict versus Liberal Constructionist.
B. Liberal Constructionist
1) Broad interpretation of the Constitution
2) Major proponent – Alexander Hamilton
3) Attitude toward implied powers – use often and energetically
4) Attitude toward national power – should be strong and allowed to grow
5) Attitude toward state power – should be restrained

7. II. Strict versus Liberal Constructionist.
C. Consensus
1) A general agreement
2) Liberal construction prevailed
a) wars and economics crises
b) advances in transportation and communication
c) people demanded services from the government

8. END OF SECTION 1

9. Chapter 11 Section 2 The Expressed Powers of Money and Commerce
Objective I
Summarize key points relating to Congress’s power to tax.

10. I. Summarize key points relating to Congress’s power to tax.
A. Congress has the power to lay and collect taxes to pay debts and provide for common defense and general welfare.
B. TAX – charge levied by gov’t on persons or property to meet gov’t needs

11. I. Summarize key points relating to Congress’s power to tax.
C. DIRECT TAX – Must be paid by the person on whom it is imposed.
D. INDIRECT TAX – First paid by one person, but then passed on to another.

12. Chapter 11 Section 2 The Expressed Powers of Money and Commerce
Objective II
Describe how Congress uses its power to borrow money.

13. II. Describe how Congress uses its power to borrow money.
A. Deficit financing – Spending more than is taken in and borrowing to make up the difference.
B. Public debt – All the money gov’t borrowed over the years that is not yet repaid.

15. Chapter 11 Section 2 The Expressed Powers of Money and Commerce
Objective III
Analyze the importance of Congress’s commerce power.

16. III. Analyze the importance of Congress’s commerce power.
A. Congress’s Commerce Power gives the ability to regulate interstate and foreign trade.
B. Gibbons v. Ogden – Supreme Court stated that the national gov’t has the right to regulate interstate commerce.

17. III. Analyze the importance of Congress’s commerce power.
C. Limits of the Commerce Power
1) Cannot tax exports
2) Cannot favor the ports of one State over another
3) Cannot require vessels from one State to pay duties (taxes) in another state

18. Chapter 11 Section 2 The Expressed Powers of Money and Commerce
Objective IV
Identify the reasons that the Framers gave Congress the power to issue currency.

19. IV. Identify the reasons that the Framers gave Congress the power to issue currency.
A. Congress has the power to coin money and regulate its value.
B. Legal Tender – money that a creditor must by law accept in payment of debt.

33. Chapter 11 Section 2 The Expressed Powers of Money and Commerce
Objective V
Explain how the bankruptcy power works.

34. V. Explain how the bankruptcy power works.
A. Congress has the power to establish uniform laws on the subject of bankruptcies.
B. Bankruptcy – the legal proceeding in which someone’s assets are distributed among those to whom a debt is owed.

35. END OF SECTION 2

37. Chapter 11 Section 4 The Implied Powers Objective I
Explain how the Necessary and Proper Clause gives Congress flexibility in lawmaking.

38. A. Appropriate – assign to a particular use
I. Explain how the Necessary & Proper Clause gives Congress flexibility.
A. Appropriate – assign to a particular use
B. Necessary & Proper Clause
Gives Congress the expressed power to make all laws which shall be necessary and proper
Elastic Clause

39. Chapter 11 Section 4 The Implied Powers Objective II
Summarize the key developments in the battle over the implied powers of Congress.

40. II. Summarize the key developments in the battle over the implied powers of Congress.
A. Liberal constructionist, Alexander Hamilton used the Necessary & Proper Clause to establish the Bank of the United States.
B. Doctrine – Principle or fundamental policy

41. C. McCulloch vs. Maryland, 1819
II. Summarize the key developments in the battle over the implied powers of Congress.
C. McCulloch vs. Maryland, 1819
Prompted by Maryland’s attempt to tax federal bank notes
Chief Justice John Marshall ruled in accepting the implied power of creating a Bank of the United States because
a) within the scope of the Constitution
b) legitimate purpose
c) consistent with the letter and spirit of the Constitution

43. END OF SECTION 4

44. Chapter 11 Section 5 The Nonlegislative Powers Objective I
Describe Congress’s role in amending the Constitution and in deciding elections.

45. I. Describe Congress’s role in amending the Constitution and in deciding elections.
A. Article V – gives Congress the power to propose amendments to the Constitution.
B. If the electoral college cannot choose a President by majority vote, the House of Representative must choose among the three highest contenders.

46. D. Successor – replacement
I. Describe Congress’s role in amending the Constitution and in deciding elections.
C. If the electoral college cannot choose a Vice President by majority vote, the Senate must choose.
Richard M. Johnson
D. Successor – replacement
25th Amendment
Gerald Ford and Nelson Rockefeller

47. Chapter 11 Section 5 The Nonlegislative Powers Objective II
Describe Congress’s power to impeach, and summarize presidential impeachment cases.

48. A. Impeach – to bring charges against
II. Describe Congress’s power to impeach, and summarize presidential impeachment.
A. Impeach – to bring charges against
Andrew Johnson
Bill Clinton
Perjury – lying under oath
Both were acquitted – found not guilty

49. II. Describe Congress’s power to impeach, and summarize presidential impeachment.
B. Impeachment Process
House of Representatives has the sole power to impeach with a majority vote
The accused is sent a subpoena – a legal court order to appear in court or to produce documents
Conviction requires 2/3 vote in the Senate

50. Chapter 11 Section 5 The Nonlegislative Powers Objective III
Identify Congress’s executive powers.

51. III. Identify Congress’s executive powers.
A. Appointments
All major appointments made by the President must be confirmed by the Senate by majority vote.
B. Treaties
The Senate may accept or reject a treaty as it stands, or it may decide to amend it.

52. Chapter 11 Section 5 The Nonlegislative Powers Objective IV
Describe Congress’s investigatory power.

53. IV. Describe Congress’s investigatory power.
A. Congress has the power to investigate any matter that falls within the scope of its legislative power, as long as it meets to:
1) to gather information
2) to oversee executive operations
3) to focus public attention on an important issue