1. Chapter 11 – Congressional Powers
Legislative Branch
Chapter 11 – Congressional Powers

2. The Scope of Congressional Powers
Congress has only those powers delegated to it and not specifically denied to it by the Constitution
Congress has expressed, implied, and inherent powers
Strict v Liberal Construction (Interpretation of the Constitution
Strict believed that if the Constitution did not say it, the government couldn’t do it
Stand of the Anti-Federalists
Led by Thomas Jefferson
Opposed the Implied Powers
Liberal believed in an extended government beyond the plans of the original Framers of the Constitution
Stand of the Federalists
Led by Alexander Hamilton
Supported the Implied Powers

3. The Expressed Powers The Power to Tax
Congress can tax to meet public needs, protect domestic industry, or protect public health, & safety
Limitations on taxing power
Cannot tax for private benefit
Cannot tax exports
Direct taxes are divided among the states according to their populations
Example: Income tax
Indirect taxes must be the same for all parts of the country
Example: tobacco tax

4. The Power to Borrow Money
Congress can borrow money to finance its business
The federal Government spends more money than it collects
The Commerce Power (Trade)
Congress can regulate interstate and foreign trade
In Gibbons v Ogden, 1824 the Supreme Court ruled that the power to regulate commerce included all commercial trading between States and Nations.
The Commerce Power implies many other powers
The Commerce Power is limited

5. The Currency Power Bankruptcy Power
Congress has the power to issue money and regulate its value
In 1871, the Supreme Court ruled that paper money was legal tender, meaning it had to be accepted for all debts public and private
Bankruptcy Power
Congress has the power to establish uniform Bankruptcy laws
The state legislatures can make these laws more specific for their state
Therefore, bankruptcy power is concurrent, meaning it is shared by both the states and the federal government.

6. Foreign Relations & War Powers
Foreign Relations Powers give Congress the power to deal with foreign states and shares these powers with the President
War Powers gives Congress the power to declare war, raise and support an army and an navy, and call for state militias
Due to the Vietnam War, Congress passed the War Powers Resolution in 1973, limiting the President’s war powers as Commander in Chief.

7. Additional Powers of Congress
Naturalization Power – Congress can make immigrants U.S. citizens
Postal Power – Congress establishes post offices and post roads
Congress issues copyrights to authors and artists and patents to inventors
Congress fixes the standards of weights and measures so they are the same throughout the U.S.
Territorial Power gives Congress the right to buy, manage, and dispose of federal property
Judicial Power gives Congress the power to create the Federal Courts below the U.S. Supreme Court

8. Implied Powers Also known as the Necessary & Proper clause
It is the source for Congressional implied powers
It states that Congress can “make all laws which shall be necessary and proper for the carrying into execution the expressed powers”
This is also called the Elastic Clause because it has allowed Congress to stretch its powers

9. Battle over the Implied Powers
The battle over the meaning of the clause caused a conflict between Jefferson and Hamilton
McCulloch v Maryland, 1819 is the case that backed Hamilton’s stand and strengthened the notion that implied powers were necessary to conduct government for the benefit of the people
Today, ‘necessary and proper’ is translated as convenient and useful as long as the base for the power is in the expressed powers

10. Non-legislative Powers
Constitutional Amendments
Congress can propose a new amendment
Congress can call a national convention to propose a new amendment
Electoral Duties
The House of Representatives may be called on to elect the President of the U.S. if no candidate receives a majority of electoral votes

11. Impeachment Executive Powers
The House of Representatives has the power to impeach which means to bring charges against a federal official
The Senate has the sole power to try the cases of those impeached
Executive Powers
The Senate must confirm all major Presidential appointments
The Senate must confirm all treaties signed by the President

12. Investigatory Power
Congress holds the power to investigate matters related to its legislative powers
Congress may choose to conduct an investigation for five reasons
To gather information useful to Congress
To oversee operations of the executive branch
To focus public attention n an issue
To expose questionable activities of public officials
To promote the interests of some members of Congress