Congress only has the powers given to it
by the Constitution
 Many powers are denied to Congress by
the Constitution

› Cannot create a nation public school system
› Cannot require people to go to church
› Cannot require people to vote
› Cannot censor content of newspaper, radio,
or television

EXPRESSED POWERS – powers of Congress
that are specifically written into the
Constitution
›
›
›
›
›
›
›
›
›
Power to tax
Power to borrow $$$$$$
Power to regulate trade
Power to coin money
Power to declare war
Power to establish a postal service (mail)
Power to set weights and measures
Power to issue copyrights and patents
Power to naturalize citizens

IMPLIED POWERS – powers that are
required to carry of the expressed
powers
› Necessary and Proper Clause – the
Constitutional clause that give Congress the
power to make all laws “necessary and
proper” for carrying out its powers
› Example: The expressed power is that
Congress can establish a postal service. The
implied power is that Congress can prohibit
tampering with mail that is not your own.

INHERENT POWERS – powers the
Constitution gave to the National
government because it is the head of
the nation

Two groups argued over how to interpret
the Constitution
1. Strict Constructionists – said the Constitution
should be interpreted exactly as written.
Congress should only have their expressed
powers, and the implied powers that are
absolutely necessary for carrying out their
work.
2. Liberal Constructionists – said the Constitution
should be loosely interpreted. Congress should
have their expressed powers, and any implied
powers they might ever need.

Nonlegislative powers – powers that do
not involve making laws
› Constitutional Amendment – the power to
change or add to the Constitution
› Electoral Duties – if no Presidential candidate
wins a majority in an election, the House of
Representatives decides the issue. Also, if no
Vice President wins a majority of the votes in
an election the Senate must choose
someone

Impeachment – to bring formal charges
against a public official.
› Only the House of Representatives can bring
charges against the accused
› Only the Senate can hold a trial for the accused

Examples:
› Bill Clinton – accused of perjury (lying under
oath) and obstruction of justice. Was put on trial
but not removed.
› Richard Nixon – The Watergate Scandal –
Republicans broke into the Democratic Party’s
national headquarters. Nixon resigned before
he could be brought to trial.

Executive Powers – appointments to office, and
treaties made with the President
› Appointments – appointments made by the President
must be confirmed by the Senate
› Treaties – the Senate must accept or reject any treaty
made by the President

Investigatory Power – Congress can investigate any
matter than falls within its legislative powers
› Reasons for investigations
1. Gathering useful information for lawmaking
2. Overseeing the operations of various executive agencies
3. Focusing public attention on a particular subject
4. Exposing questionable activities of public officials
5. Promoting particular interests of some members of
Congress

Heart of Atlanta Motel v. United States
(1964)
› The Civil Rights Act of 1964 makes it illegal for
hotels, motels, restaurants, or any other public
place to refuse to rent rooms or provide services
to people because of race, color, religion, or
national origin.
› Heart of Atlanta Motel had regularly refused to
rent rooms to African Americans
› The motel owner filed a suit in federal court,
claiming that the public accommodation
provision of the Act was Unconstitutional

Heart of Atlanta Motel v. United States
(1964) continued…
› Arguments for the Heart of Atlanta Motel
1. The operation of hotels, motels, and restaurants in
a local matter. Therefore, Congress should not
be able to regulate those businesses.
2. The Act prevents the motel owners from
operating his business as he wishes. Therefore, he
is deprived of his liberty and property without due
process, or compensation.
3. Requiring the motel owner to rent rooms to
anyone against his will is subjecting him to
involuntary servitude in violation of the 13th
Amendment.

Heart of Atlanta Motel v. United States
(1964) continued…
› Argument for the United States
1. The lack of accommodations for African
Americans interferes with interstate travel. Under
the Commerce Clause, Congress has the right to
pass laws to correct that problem.
2. The 5th Amendment prohibits TAKING property
without compensation, but does not prohibit
regulations that affect how the owner runs his
business.
3. The regulations do not constitute involuntary
servitude under the 13th Amendment.

Heart of Atlanta Motel v. United States
(1964) continued…
› THE RESULTS –
 The Supreme Court ruled in favor of the United
States, saying that the Commerce Clause
upheld the constitutionality of the Civil Rights
Act of 1964. Requiring the motel to rent rooms
to African Americans did not violate the
owner’s rights.