CHAPTER 11
POWERS OF CONGRESS
SECTION 1: THE SCOPE of CONGRESSIONAL POWERS
SECTION 2: THE EXPRESSED POWERS OF MONEY AND
COMMERCE
SECTION 3: OTHER EXPRESSED POWERS
SECTION 4: THE IMPLIED POWERS
SECTION 5: THE NONLEGISLATIVE POWERS
SECTION 1: THE SCOPE OF CONGRESS
★ Many tasks being juggled at one time
○ Three distinct powers are provided by the Constitution
■ Expressed Powers - explicitly written in Constitution
■ Implied Powers - reasonably deducted from expressed
■ Inherent Powers - just by being a national government
○ Some of the earliest problems arose from the Federalists
and the Anti-Federalists.
■ Much centered on the powers of Congress
SECTION 1: THE SCOPE OF CONGRESS
★ Strict Constructionists - Congress should only be able to
exercise only the expressed and implied powers.
○ Led by Thomas Jefferson
○ Wanted the states to keep as much power as possible
★ Liberal Constructionists - believed in an energetic
government to include a broad construction of
government
○ Led by Alexander Hamilton
★ Consensus - agreement that the people want a broad
reading to the Constitution.
SECTION 2: THE EXPRESSED POWERS OF
MONEY AND COMMERCE
★ Article I, Section 8 provide 27 different powers
○ Determination is in the workings of Congress and
○ Rulings from the Supreme Court based on actions of Congress
■ The power to tax
● TAX - a charge levied by government on persons or property to
raise money to meet public needs.
● Not restricted to just this
○ protective tariff - protects domestic industry
○ licensing - form of taxation (narcotics)
SECTION 2: THE EXPRESSED POWERS OF
MONEY AND COMMERCE
★ Limited on what it can tax
○ church - violate 1st Amendment
○ polls - violate 24th Amendment
○ 4 explicit limitations
■ only tax for public purposes
■ may not tax exports
■ direct taxes must be apportioned among states
● Direct Tax - one that must be paid directly to the
government by person on whom it is imposed.
■ Federal taxes must be even throughout the country
SECTION 2: THE EXPRESSED POWERS OF
MONEY AND COMMERCE
★ Indirect Tax - on first paid by one person but then passed on to another.
★ Can borrow money on the credit of the United States
○ no limitations on amount
○ no limitations on purpose
○ Deficit Financing - regularly spends more than taken in
■ no surplus shown from 1969 - 1998
● $5.5 trillion at beginning of the 1999 fiscal year
○ Public Debt - all of the money borrowed by the
government over years and not yet repaid plus interest
SECTION 2: THE EXPRESSED POWERS OF
MONEY AND COMMERCE
➔ Commerce Power - power of Congress to regulate
interstate and foreign trade.
◆ Articles of Confederation no power to do this
◆ Created rivalries between states
◆ Framer developed the Commerce Clause
● power to regulate Commerce with foreign Nations,
and among several States and with the Indian Tribes.
○ First Case - Gibbons v. Ogden 1824
◆ Steamboats
SECTION 2: THE EXPRESSED POWERS OF
MONEY AND COMMERCE
★ Limits on Commerce Power
○ Cannot tax exports
○ Cannot favor the ports of one State over
another
○ Cannot require that vessels moving back and
forth between states pay a tax
○ Could not interfere with slave trade
SECTION 2: THE EXPRESSED POWERS OF
MONEY AND COMMERCE
★ Currency Power
○ Article I, Section 8, Clause 5 allows Congress to make
money
■ English system of money collapsed
■ Congress printed paper money
■ States printed paper money
■ People still used English and Spanish money
■ Legal Tender - any kind of money that a creditor
must by law accept as payment for debts.
SECTION 2: THE EXPRESSED POWERS OF
MONEY AND COMMERCE
★ Bankruptcy Power
○ Article I, Section 8, Clause 4
■ Congress to establish uniform laws for bankruptcy
■ Bankruptcy - the legal proceeding in which the
bankrupt’s assets are distributed among those to
whom a debt is owed.
●
someone or some company that is unable to pay debts in full
SECTION 3: OTHER EXPRESSED POWERS
★ In what area does our government have more power?
○ Foreign Relations
■ 2 sources
● various expressed powers
○ especially those expressed in war powers
○ and the power of regulating trade
● the fact the United States is a sovereign state
in the world’s community.
SECTION 3: OTHER EXPRESSED POWERS
★ War Powers
○ Article I, Section 8
8 expressed powers deal with war and national defense
President is made Commander-in-Chief
Only Congress can declare war
Congress power to raise and maintain army and raise a
navy
■ War Powers Resolution 1973 - restrict American forces in
combat where a state of war does not exist.
■
■
■
■
VIETNAM WAR
SECTION 3: OTHER EXPRESSED POWERS
★ Naturalization - process by which citizens of one
country become citizens of another.
○ Article 1, Section 8, Clause 4
■ Congress can provide a uniform Rule of Naturalization
○ Article 1, Section 8, Clause 7
■ Congress has power to create Post Offices
● Benjamin Franklin credited as founder
● Congress has established crimes in conjunction
SECTION 3: OTHER EXPRESSED POWERS
★ Copyright - is the exclusive right of an author to
reproduce, publish, and sell his or her creative work.
○ Can also transfer to another person
○ Good for the life of author plus 70 years.
○ Maintained in Library of Congress
■ books, magazines, newspapers, musical composition
lyrics, dramatic works, paintings, sculptures,
cartoons, maps, photographs, motion pictures,
sound recordings, and etc….
SECTION 3: OTHER EXPRESSED POWERS
★ Patent - grants a person the sole right to manufacture,
use, or sell
○ NEW and useful art, machine, manufacture,
composition of matter or useful improvement
★ Weights and Measures
○ Article 1, Section 8, Clause 5
■ Congress can fix the standard of weights
● provides uniform gauge of time, distance,
area, weight, and volume
SECTION 3: OTHER EXPRESSED POWERS
★ 1901 Congress created National Bureau of Standards in
the Commerce Department.
○ National Institute of Standards and Technology
■ maintains original standards
● all items measured, managed, disposed
○ Federal government may acquire property
■ Purchase or gift
■ Eminent Domain - the inherent power to take
private property for public use.
SECTION 3: OTHER EXPRESSED POWERS
★ Judicial Powers
○ Congress can create federal courts below the
Supreme Court
○ Can structure the Federal Judiciary
○ Can define federal crimes
○ Set punishment for violators
■ Counterfeiting, piracies, felonies on high seas
● Article I, Section 3.
SECTION 4: THE IMPLIED POWERS
★ Does the Constitution say anything about education?
○ APPROPRIATES - assigns to a particular use.
■ $30 billion a year for education
○ NECESSARY and PROPER CLAUSE - provides the basis for
the implied powers.
■ Article I, Section 8, Clause 18.
■ also known as the Elastic Clause
●
because of the way it has been stretched to cover a multitude of
purposes
SECTION 4: THE IMPLIED POWERS
★ The Battle Over the Implied Powers
○ Secretary of Treasury - Alexander Hamilton
■ Urges Congress to establish a national bank
● became on of the most important disputes
○ Strict Constructionists - Liberal Constructionist
○ Strict - Jefferson led
■ expressed and those needed to carry out government
○ Liberal - Hamilton led
■ Used the Necessary and Proper Clause
● execution of taxing, borrowing, and
● commerce and currency powers
SECTION 4: THE IMPLIED POWERS
★ Strict Constructionist believed it would give government
to much power.
○ McCulloch v. Maryland, 1819
■ Created the Second Bank of the United States
● 1818 Maryland placed a tax on currency from banks not chartered
by the State Legislature
● McCulloch deliberately issued notes not taxed
● Maryland court ordered judgement
● United States appealed to the Supreme Court
● Supreme Court ruled bank was necessary and proper
★ DOCTRINE - a principle or fundamental policy.
○ has been used numerous times in history.
SECTION 5: THE NONLEGISLATIVE POWERS
★ Constitutional Amendments
○ have only been called by Congress 33 times in history (⅔)
■ can call a convention of the states - never been done
○ States have been in requesting amendments
★ Electoral Duties
○ Unusual circumstances
■ Called on to elect a President if no one receives a majority
vote
○ SUCCESSOR - a replacement someone to fill a vacancy.
SECTION 5: THE NONLEGISLATIVE POWERS
★ Impeachment
○ Provides that the President, Vice President all other civil
officers may be impeached
○ IMPEACH - to accuse and bring charges.
■ Requires a majority vote in the House only
■ Conviction requires a ⅔ vote in the Senate
■ Chief Justice (Supreme Court) presides over the Senate
when a President is to be tried.
●
●
can be tried in regular court for a crime
17 impeachments and 7 convictions - all federal judges
○ ACQUIT - to be found not guilty.
SECTION 5: THE NONLEGISLATIVE POWERS
★ Bill Clinton was impeached
○ Charged with two articles
■ PERJURY - lying under oath
■ obstruction of justice
○ Many believed the charges were not worthy of impeachment
■ Wanted to censure the President
● CENSURE - a formal condemnation of his behavior
★ Richard Nixon was impeached
○ Charged with 3 articles one being failure to respond to
SUBPOENA - a legal order to appear in court
SECTION 5: THE NONLEGISLATIVE POWERS
★ Executive Powers
○ Appointments - anyone that the President appoints
for a position must be approved by majority vote of
the Senate
■ Almost all cabinet positions are granted
● only 12 have ever been turned down
○ Treaties - President makes treaties
■ obtains advice and consent of the Senate
★ Investigatory Power - matters pertaining to Congress