Powers of Congress
Expressed (Enumerated) Powers
• Powers specifically given to the Congress
in Article 1, Section 8 of the Constitution
– Commerce
– Taxation
– Borrow money
– Currency
– Bankruptcy
– Declare War
– (more)
Foreign Policy--War
Foreign Policy—Treaties and the
Senate
Judicial Powers—Senate
Implied Powers
• Necessary and Proper Clause (Article I,
Section 8, Clause 18)
– To make all Laws which shall be necessary
and proper for carrying into execution the
foregoing Powers, and all other Powers
vested by the Constitution in the Government
of the United States…
– Also called “elastic clause”….why??
McCulloch v. Maryland
McCulloch v. Maryland (1819)
• ". . . Although, among the enumerated powers of
government, we do not find the word "bank" or
"incorporation," we find the great powers to lay and
collect taxes; to borrow money; to regulate commerce; to
declare and conduct a war; and to raise and support
armies and navies . . . But it may with great reason be
contended, that a government, entrusted with such
ample powers . . . must also be entrusted with ample
means for their execution. The power being given, it is
the interest of the nation to facilitate its execution. . . . "
—Chief Justice John Marshall
How it works
• Expressed Power
–
–
–
–
To tax 
To raise army and navy 
Establish post offices 
Regulate commerce 
• Implied Power
– Punish tax evaders
– Draft Americans into
the armed forces
– Prohibit mail fraud
– Establish a minimum
wage, ban
discrimination, protect
the disabled in the
workplace, etc.
Non-legislative Powers
•
•
•
•
•
Constitutional Amendments
Elect a President (House)
Appointments (Senate)
Investigate
Impeachment
Impeachment
High Government Official commits an
act of treason, bribery or other
high crimes and misdemeanors
The House of Representatives acts
like a Grand Jury
Investigation is
done by Judiciary
Committee
The Reps weigh
evidence of a
crime.
The House of Representatives votes on
Articles of Impeachment (Simple majority needed)
Determines if there
is enough to
charge someone
with a crime
Impeachment Trial
The House of Representatives votes to Impeach an
official
The Senate conducts a trial to determine the guilt
of an official
Full Senate sits
as Jury
CJ of the
Supreme Court
presides
Need 2/3 vote to
convict
Impeachment Trial
IF CONVICTED: Official is immediately removed
from office. Can be disqualified from ever having any
Federal office for the rest of his/her life.
ALTERNATIVE A:
Adjourn or suspend
the trial at any point.
ALTERNATIVE B:
Censure the official.
Inherent Powers
• Powers that you have simply by creating a
country and a government
– National anthem
– National holidays
– Controlling borders
– Monuments
EXPRESSED
IMPLIED
INHERENT