The Powers of Congress
(An outline to lecture and a study guide to academic greatness)
INHERENT POWER of Congress
Congress has the power to write/make laws
General Stuff about the Powers of Congress
Understand the vocab:
 Expressed Powers:

Implied Powers:

Necessary and Proper Clause (Elastic Clause – Art. 1, Sec 8, Clause 18):
o
Strict Construction:
o
Loose/Liberal Construction:
Court Case: McCulloch v Maryland
 Briefly…What was it about?

Why is it important to understanding the powers of Congress?
Powers denied to Congress

Powers denied Congress/government by the Slave and Commerce Compromise (Art. 1, Sec. 9, Clause 5)

Art. 1, Sec. 9, Clause 4 puts what restriction on the Congress’ power to tax?
o


What does the 16th Amendment say? Why is this needed to overcome the restriction you found above?
The following are denied Congress by Art. 1, Sec. 9, Clauses 2 and 3. What are they?
o Bill of Attainder
o
Ex Post Facto Law
o
habeas corpus rights
What power is denied Congress by Art. 1, Sec. 9, Clause 6?
Powers of Taxation (the “power of the purse”)

Revenue Bills:

Appropriations bills:

Progressive Taxation:

o
Examples of Progressive Taxes:
o
Arguments for more progressive tax system:
o
Arguments against progressive tax system:
Regressive Taxation:
o
Examples of Regressive Taxes:
o
Arguments for more regressive tax system:
o

Arguments against regressive tax system:
Non-revenue uses of the power to tax?
o Sin Tax:

o
Why are sin taxes often more acceptable to voters?
Social engineering (Tobacco, liquor, etc, home loans, etc.)
Commerce Power

Art. 1, Sec 8, Clause 2, 5, and 6 give the Congress the power to …
o
o
o

What is the Constitutional limit on how much the government can borrow?
o

The Congress/government borrows money through the sale of ______________.
What does Art. 1, Sec. 8, Clause 3 say about the areas of commerce the Congress has the power to regulate?
o
What is the importance of Gibbons v Ogden to defining the Congress’ Commerce power?
o
What is the importance of Heart of Atlanta Hotel v United States to defining the scope of Congress’
Commerce power?
Foreign Policy

In general, Art. 1, Sec 8, Clauses 10-16 give Congress the power to do what?

Congress has the power to _________________ treaties:
o Implications of the 2/3 “super-majority”:

War Powers Resolution of 1973
 Reason for its creation:

What does it do?
1)
2)
3)

Constitutionality?
Confirmation and Removal Powers

What is meant by Congress’ Confirmation Power?
o

Most handled through “senatorial courtesy”
Removal Power (If the Senate is required to approve of appointments, should Senate approval be required if the
president wants to get rid of someone?)
o Yes
o
No
o
Supreme Court:
The Grab-bag of Other Powers

Congress has the power to set naturalization standards. What does this mean? (Art. 1, Sec 8, Clause 4)
o
Birthright citizenship?

Define - Copyright

Define - Patent

What power is given to Congress in…
o Art. 1, Sec 8, Clause 7:
o

Art. 1, Sec 8, Clause 9:
Territorial Power
o Eminent Domain
o
Kelo v New London