POWERS OF
CONGRESS
Chapter 11
Where Does Congress Get It’s
Power?
Article 1 of The Constitution!
THE POWER
• Congress, simply
only has the power
to do things the
Constitution allows
it to do.
Lets Review
• The three types of power granted to
Congress in the Constitution?
• Expressed- Directly written in the
Constitution.
• Implied- Assumed based on the expressed
powers
• Inherent- Nowhere in the Constitution, but
always held by the national governments.
Interpreting the Constitution
There were two major ideologies when first
deciding how much power Congress should
have.
Strict Constructionists
Liberal Constructionists
Strict Constructionists
• Strict Constructionist (originalist)– believe
that Congress should only have the
expressed powers and nothing else
• Support very limited government
• Believe that individual liberty is most
important
• First SC was Thomas Jefferson
Liberal Constructionist
• Liberal Constructionist (living constitution) –
believed that we should interpret the
Constitution loosely, so that Congress
could have more power
• Support an active government
• Believe that governmental effectiveness is
most important
• First LC was Alexander Hamilton
Powers of Money
• The Constitution
expressly gives
Congress the power
to regulate money
and commerce.
• How does Congress
regulate money?
Power To Tax
Article 1 Section 8 Clause 2
The Constitution gives Congress the power:
“To lay and collect Taxes, Duties, Imposts,
and Excises, to pay the debts and provide
for the common defense and general
Welfare of the United States…”
Limits on Taxes
• Cannot tax for private benefit
• Cannot tax exports
• Federal tax rates must be the same in all
states
Types Of Taxes
• Direct Tax- paid by
the person it is
imposed upon
• Ex: Income Tax,
Property Tax
• Indirect TaxImposed on one
person, but paid by
another
• Ex: Cigarette Tax,
Gas Tax
Power to Borrow
Article 1 Section 8 Clause 2
The Congress shall have Power To...borrow
Money on the credit of the United States....
- AKA The Borrowing Clause
Debt
• Debt – total of all deficits yet to be paid
back, plus interest owed
• (2010-13.5 trillion, 2000-5.6 trillion, 19903.2 trillion, 1980-907 billion)
• US DEBT CLOCK
The Commerce Power
Article 1 Section 8 Clause 3
It gives Congress the power to :
“To regulate Commerce with foreign nations and among the
several States, and with the Indian Tribes..”
Basically… The power of Congress to regulate interstate
and foreign trade.
Power is often extended to do seemingly unrelated
implied powers
• Build interstate highways
• Ban racial discrimination
Gibbons v. Ogden, 1824
• New York had given Robert Fulton
exclusive rights to operate a
steamboat on the Hudson River
• Fulton gave Ogden a permit to
operate the steamboat for him
• Gibbons had a license from the
U.S. government to operate a
steamboat in the same area
What are the Constitutional Issues?
• Whose permit is supreme?
• What does “commerce” mean?
In to Save the Day…
Gibbons v. Ogden, 1824
• The court decides to interpret
“commerce” very broadly
• “Commerce” means virtually all
commercial interactions
• Thus, Congress can regulate just
about anything
Powers that Both Houses use together
(concurrent power)
• Powers of Money and Commerce
• Power to “coin money and regulate the value thereof”
(legal tender)
• Power to “establish uniform laws on the subject of
bankruptcies”
Expressed Powers: Foreign Realtions
• Congress has the power to declare war
• However the act of waging war was
abdicated to the president.
• The War Powers Resolution of 1973:
“Congress claimed the power to restrict the
use of American forces in combat in areas
where a state of war does not exist.”
Other Expressed Powers
• Naturalization – setting the rules to
become a citizen
• Postal Power – Congress sets up the
Post Office
• Copyrights and Patents
• Weights and Measures – making sure
they mean the same thing nationwide
Other Expressed Powers
• Power over territories – Congress
controls territories, and decides
whether they become states or not
• Eminent Domain – Congress can take
private property for public use
• Judicial Power – Congress sets up the
court system
Implied Powers
• Necessary and Proper Clause –
Where the implied powers come from,
Article I, Section 8, Clause 18
• Tells Congress they can make any
laws “necessary and proper” for
carrying out their expressed powers
McCulloch v. Maryland (1819)
• First case that tested the Necessary
and Proper Clause
• Congress created a national bank, and
Maryland hated it
• Maryland placed a tax on all national
bank transactions to try and put it out
of business
In to Save the Day…
John Marshall and the Court Say:
• Any laws Congress passes, so long as
they hold to the spirit of the
Constitution, are okay
• This is a liberal constructionist position
• Since this case, Congress has used
many implied powers
Nonlegislative Powers
• Impeachment –
means to bring
criminal charges
against
• Impeachment
requires majority
vote in the House
Nonlegislative Powers
• After House
votes, trial begins
• Chief Justice acts
as judge, Senate
acts as jury
Nonlegislative Powers
• A conviction,
which would
remove the
president from
office, requires a
2/3 vote in the
Senate
Acquit - is when people are found
not guilty after they are
impeached.
Andrew Johnson was acquitted by
one vote.
Nixon Resigned before the trial.
Clinton was acquitted.
Successor
Is a replacement or someone to fill the
vacancy, which is subject to a majority vote
in both houses of Congress.
Has been used twice, Ford in 1973 and
Rockefeller in 1974.
Executive Powers
• Appointment –
President
appoints
officials with
majority
approval of
Senate
Executive Powers
• Treaties –
President
makes treaties,
but Senate
must approve
with 2/3 vote