Ch. 11 Powers of Congress
Congressional Power
 Congress is given power in 3 ways:
 Expressed
 Implied
 Inherent
Strict Versus Liberal Construction
Strict Constructionists
Liberal Constructionists
 Strict
 Liberal
constructionists, led
by Thomas Jefferson,
argued that Congress
should only be able to
exercise (1) its expressed
powers and (2) those
implied powers
absolutely necessary to
carry out those expressed
powers.
constructionists, led
by Alexander
Hamilton, favored a
liberal interpretation of
the Constitution, a
broad interpretation of
the powers given to
Congress. Supported
Nec. And Proper
Expressed Powers given to Congress
 All found in Article 1
 Powers include:
 Power to Tax

Limits to this power
 1.
no private benefit
 2. not tax exports
 3. direct taxes apportioned among states, by
population
 4. indirect taxes must be uniform
Federal Spending
The Borrowing Power
 Borrow money on credit of the US
 Deficit financing is the practice of spending more
money than received in revenue and borrowing to
make up the difference.
 The public debt is all of the money borrowed by the
government over the years and not yet repaid, plus
the accumulated interest on that money.
More Expressed Powers
 The Commerce Power
Regulate
foreign and interstate trade
 The Currency Power
Legal tender
 The Bankruptcy Power
Person’s assets are distributed among
those to whom the debt is owed.
Still More Powers
 War Powers Resolution Act
 Pres. Can send troops into battle without Congress’s approval,
but after 60 days they must be brought back.
 Naturalization
 Postal Powers
 Copyrights and Patents Powers
 Weights and Measures Powers
 Judicial Powers
Congress may create all of the federal courts below the
Supreme Court and structure the federal judiciary.
Congress may also define federal crimes and set punishment
for violators of federal law.
 Powers over territories
 Eminent domain
Implied Powers
 Regulate Commodities
 Sales of items
 Regulate draft
 Regulate Minimum Wage
 (2008) $6.55 (2009) - $7.25
 Regulate Banking
 Regulate State requirements for federal funds
Inherent Powers (Nonlegislative Powers)
 Amendments

Propose by 2/3
 Electoral Duties


House chooses President
Senate chooses Vice President
 Impeachment Power


House impeaches
Senate holds trial – must convict by 2/3
 Executive Powers


Appointments
Treaties
 Investigatory Power