Congressional Powers

Congressional Power— Congressional power is limited by the fact that it has only those powers delegated to it by the Constitution. Congress cannot create national public schools. Congress cannot require people to vote. Congress cannot create a national religion. Congress cannot censor the content of newspapers or other

media outlets. Congress cannot abolish jury trials.

Expressed Powers—specifically mentioned in the Constitution.

Implied Powers—based on reasonable deduction.Inherent Powers—based on the creation of a sovereign

government in the world community.

Congressional Powers

Strict Constructionists—Led by Thomas Jefferson. Believed that Congress should only be able to exercise the expressed powers and the implied powers that are absolutely necessary to performing their duties.

Liberal Constructionists—Led by Alexander Hamilton. Favored a liberal interpretation of the Constitution. Over the years, the power of the National Government has grown substantially with the support of the American people.

Liberal Constructionists have won out over time due to wars, economic crises, national emergencies, improvements in transportation and communication, and demands by the people for more government services.

Strict vs. Liberal Construction

Power to Tax—a charge levied by the government on persons or propertyTaxes are used to meet public needs.Taxes (tariffs) are used to protect domestic

industry.Taxes protect health and safety (licensing drug

companies).Limits on taxation

Cannot tax churchesCannot impose poll taxesTaxes must be for public purposes, not private benefitCannot tax exports

Peacetime Expressed Powers

Borrowing PowerArticle I, Section 8, Clause 2 of the

Constitution gives the federal government the ability to borrow money on the credit of the United States.

There are no limits on the amount that we can borrow which has allowed the government to deficit spend.

Public Debt—is all of the money that has been borrowed over the years that has not been repaid.

http://www.usdebtclock.org/

Peacetime Expressed Powers (cont’d.)

Commerce PowerRepresents the power of the federal government to

regulate foreign and interstate commerce.Gibbons v. Ogden, 1824—was the 1st major court case

regarding the Commerce Clause to reach the Supreme Court. Read page 297 and explain this case below:The Supreme Court ruled in favor of Gibbons and the

federal government.Over the years, the Commerce Clause has been interpreted

more widely and applied to issues such as the minimum wage and the Civil Rights Act of 1965.

Limits on commerce power.Cannot tax exports.Cannot favor the ports of one state over another.

Peacetime Expressed Powers (cont’d.)

Currency and Bankruptcy PowerThe Constitution gives Congress the authority

to establish a single/common legal tender.Article 1, Section 8, Clause 4 gives Congress

the ability to establish uniform policies for bankruptcy. It is a concurrent power.

https://www.youtube.com/watch?v=HuGIgf-ICHM

Peacetime Expressed Powers (cont’d.)

To declare warTo raise and support armiesTo provide and maintain a navyTo make laws governing land and naval forcesTo summon, organize, arm, and discipline the

militia

War Powers (Expressed)

Given to Congress through the Necessary and Proper Clause or the “Elastic Clause”

The Supreme Court gave its approval to this concept in the court case McCulloch v. Maryland, 1819.

Complete the chart below explaining the implied powers given by the each expressed power (page 308):

The Implied Powers

Lay and Collect Taxes

Raise Armies and a Navy

Regulate Commerce

Borrow Money

Establish Naturalization Law

Establish Post Offices

-punish tax evaders-regulate or outlaw sale of some commodities-set standards for states to gain fed funding

-the draft -minimum wage-ban discrimination at work and public facilities-disability protection-regulate banks

-establish the Federal Reserve Banking System

-regulate and limit immigration

-prohibit mail fraud and obstruction-ban some items from being mailed

Nonlegislative PowersAmendments—Article V allows Congress to propose an

Amendment by 2/3 vote in each houseElectoral Duties—House will choose a President by state

if no majority in the electoral college / Senate will choose a VP by senator

Impeachment—House is Grand Jury / Senate is Trial JuryExecutive Appointments and Treaties—Appointments

must be approved by majority of the Senate / Senate Foreign Relations Committee is now very influential on treaties

Investigation—gather info for a bill, oversee executive operations, bring attention to a particular topic (steroids in baseball), expose public officials, promote interests of some members of Congress