Powers of Congress
Expressed
Implied
Inherent
Constructionists
Strict Constructionists- led by Thomas
Jefferson
Insisted Congress should only exercise
• Its expressed powers
• Implied powers which are absolutely
necessary
“that government is best which governs
least”
Constructionists
Liberal Constructionists- led by
Alexander Hamilton
Favored a liberal interpretation
of the Constitution
“an energetic government”
They won a victory that has set
a pattern for our nation
Taxes
Tax- a charge levied by government on
persons or property to meet public needs
Direct tax-paid by the person on whom it is
imposed
Indirect tax- one paid by one person then
passed on to another- cigarette tax
The Deficit
Deficit financing- the government spends more than
it brings in
The Public Debt
The debt is all the money borrowed by
the government over the years and not
yet repaid, plus the accumulated
interest on that money
In 2003 the debt was over 6 trillion
Commerce & Currency Power
Commerce- Congress has the power to regulate
interstate and foreign trade
Congress cannot tax exports or favor ports
Gibbons v Ogden- commerce is not just traffic but
also intercourse
Case set the stage for Congress to pass the Civil
Rights Act of 1964
Paper legal tender was first introduced in 1884
Bankruptcy Power
Bankruptcy is the legal proceeding which
distributes the assets to those whom the debt is
owed
Frees the bankrupt from responsibility for debts
acquired before bankruptcy
Foreclosure- when a lender attempts to recover
the balance of an unpaid loan by selling the asset
used as collateral on the loan-usually a home
Other Expressed Powers
Foreign Relations
War Powers
Naturalization
Postal Power
Copyrights and patents
Weights and Measures
Power over territories-eminent domain-power to
take private property for public use
Judicial Powers
Non-Legislative Powers
Amendments-propose- 2/3 vote in each
house
House chooses a president if no candidate
receives a majority of the Electoral College
votes-Jefferson and John Quincy Adams
Senate chooses a VP in same circumstance
Congress approves a successor for VP also
270 needed to win
Impeachment
Andrew Johnson
Bill Clinton
Richard Nixon- Watergate
Executive & Investigatory
Confirm Presidential appointments
Ratify treaties
Committees investigate any matter
which falls within the scope of their
legislative powers