Chapter 11 PowersOfCongress. 10/14/2015 Free template from 2 Section 1 - Powers ExpressedImpliedInherent

Chapter 11Chapter 11

PowersPowers

OfOf

CongressCongress

04/21/2304/21/23Free template from Free template from

www.brainybetty.comwww.brainybetty.com 22

Section 1 - PowersSection 1 - Powers

ExpressedExpressed

ImpliedImplied

InherentInherent



Strict vs Liberal ConstructionStrict vs Liberal Construction

Strict (Constitutionalists)Strict (Constitutionalists)– Wanted limited Federal governmentWanted limited Federal government– Led by Thomas JeffersonLed by Thomas Jefferson– Wanted strict interpretationWanted strict interpretation– Only expressed powers and implied powers Only expressed powers and implied powers

absolutely necessaryabsolutely necessary



Liberal (Statists)Liberal (Statists)– Strong federal governmentStrong federal government– Liberal interpretationLiberal interpretation– Growth of power based on implied powersGrowth of power based on implied powers– Led by Alexander HamiltonLed by Alexander Hamilton



Which interpretation has prevailed? Which interpretation has prevailed?

Why?Why?



Section Two - ExpressedSection Two - ExpressedPower to taxPower to tax– Charge levied by government to meet Charge levied by government to meet

public needspublic needs– LimitsLimits

No private gainNo private gain

Imports only (never on exports)Imports only (never on exports)– TypesTypes

Direct (paid by person on whom it is Direct (paid by person on whom it is imposed)imposed)

Indirect (passed on to ultimate Indirect (passed on to ultimate consumer)consumer)



Power to BorrowPower to Borrow– No limit or reasonNo limit or reason– Deficit FinancingDeficit Financing

spending more than bringing inspending more than bringing in

– Public DebtPublic DebtAmount borrowed, not yet repaid, plus Amount borrowed, not yet repaid, plus interestinterest



Commerce PowerCommerce Power– Regulate interstate and foreign tradeRegulate interstate and foreign trade– Growth of USGrowth of US– Gibbons v Ogden 1824Gibbons v Ogden 1824

First Supreme Court case involving First Supreme Court case involving commerce clausecommerce clause

Dealt with steamboat monopolyDealt with steamboat monopoly



Currency PowerCurrency Power– Coin money and regulate valueCoin money and regulate value– National, uniform, stable monetary National, uniform, stable monetary

systemsystem– Legal tenderLegal tender

Any kind of money that a creditor must by Any kind of money that a creditor must by law accept as paymentlaw accept as payment



Bankruptcy PowerBankruptcy Power– Establish laws regarding proceedingsEstablish laws regarding proceedings– Bankruptcy courts createdBankruptcy courts created



Section 3 – More Expressed Section 3 – More Expressed powerspowers

Foreign RelationsForeign Relations– Shared with PresidentShared with President– Greater than any other powersGreater than any other powers– Two sourcesTwo sources

Constitutional war powers and trade Constitutional war powers and trade regulationregulationInherent powersInherent powers



War PowersWar Powers– Declare warDeclare war– Organize militaryOrganize military– Prevent use of American forces in Prevent use of American forces in

combat where state of war does not combat where state of war does not existexist



Other Expressed PowersOther Expressed Powers

NaturalizationNaturalization

Postal powerPostal power

Copyrights and PatentsCopyrights and Patents

Weights and measuresWeights and measures

Power over territoriesPower over territories

Judicial PowersJudicial Powers– Define Federal crimes and punishmentsDefine Federal crimes and punishments



Section 4 – Implied PowersSection 4 – Implied Powers

Necessary and Proper Clause aka Necessary and Proper Clause aka Elastic ClauseElastic Clause

McCulloch v Maryland, 1819McCulloch v Maryland, 1819– National bank implied by ConstitutionNational bank implied by Constitution



Section 5 – Non-Legislative Section 5 – Non-Legislative PowersPowers

Propose AmendmentsPropose Amendments

H of R can choose President if H of R can choose President if neither candidate gets enough neither candidate gets enough electoral votes; Senate chooses VPelectoral votes; Senate chooses VP

H of R can impeach (bring H of R can impeach (bring charges); Senate can convictcharges); Senate can convict

Investigatory PowerInvestigatory Power



Executive Powers of SenateExecutive Powers of Senate– Approve Presidential appointmentsApprove Presidential appointments– Approve treatiesApprove treaties

Documents

Chapter 11 PowersOfCongress. 10/14/2015 Free template from 2 Section 1 - Powers ExpressedImpliedInherent