• Expressed Powers
• Power to Tax
• Tax – a charge levied by government on persons or
property to raise money to meet public needs
• Direct taxes are paid directly to the government
by the person on whom it is opposed
• Ex. Income tax
• Usually based on population proportion
• Indirect taxes – paid by one person, then passed
on to another
• Ex. Sales tax
• Expressed Powers
• Borrowing Power
• Borrowed through Treasury Notes (T-bills)
• Promissory notes or IOUs
• Congress has a statutory limit on debt
• Public debt – all of the money borrowed
by the Federal Government and not yet
repaid
• Deficit – excess of expenditure over
revenue in a given year
• Expressed Powers
• Bankruptcy Power
• Can regulate bankruptcy (the legal proceeding in which
the bankrupt’s assets are distributed among those to
whom a debt is owed)
• Currency Power
• Can issue legal tender (money that a creditor must accept
by law as payment for debts)
• Foreign Policy
• Shares a lot of power with presidency
• Has power:
• Where spending is concerned
• Protecting sovereignty of the US
• Expressed Powers
• War Powers
• Only Congress can declare war
• Can raise and support armies/navy/etc.
• Can call upon the militia (AKA National Guard)
• Circumvented with undeclared wars
• Congress can authorize the president to carry out military action
• Expressed Powers
• Domestic Powers
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Copyrights and Patents
Postal Powers
Preside over territories
Weights and Measures
Naturalization
Judicial Powers (can check judiciary)
• Implied Powers
• The Necessary and Proper Clause
• “make all Laws which shall be necessary and proper…”
• Referred to as the Elastic Clause
• Strict Constructionist – follow constitution exactly as
written
• Congress should exercise only expressed powers and absolutely
necessary implied powers
• Liberal Constructionist – Favors broad interpretation of
constitution (especially with regard to power of the
federal government)
• McCulloch v. Maryland
• Implied Powers
• Commerce Clause
• Can tax and spend – so it can spend to promote general welfare
• War power
• Can do whatever is necessary and proper for the execution of
its war power (ex. Draft)
• Nonlegislative Powers
• Can propose Constitutional amendments
• Electoral duties
• The house can settle tied elections (1801 and 1825)
• Impeachment of president, vice-president, and all civil
officers for treason, bribery, or other high crimes and
misdemeanors
• Impeach—to accuse or bring about charges
• Requires majority in house
• Trial
• Conviction requires 2/3 of senate and penalty is removal from
office
• Nonlegislative Powers
• Impeachment
• Andrew Johnson (1868)
• Richard Nixon
• Bill Clinton (1998)
• Nonlegislative Powers
• Appointments must be confirmed by senate (by
majority)
• Cabinet, Supreme Court Justices, federal officers
• Treaties
• President makes treaties with “Advice and Consent of the
Senate…provided 2/3 of the Senators present concur”
• Power to Investigate
• Gather info for legislation, oversee operation in executive,
focus attention, expose questionable activities, promote
particular interests of some members of congress
• Watergate, PEDs, Iran-Contra Affair, McCarthy-Army