GOVERNMENT
Chapter 11
The Powers of Congress
Notes
[A] Expressed Powers: Clearly stated powers (Article I, Section 8)
1. Power To Tax And Spend:
a. "power of the purse" – you control the money.
b. Revenue bills – bill designed to raise money.
c. Direct Tax – a tax that is paid directly to the government
(income tax).
d. Indirect Tax – a tax paid indirectly to the government (sales tax).
e. Public debt – the amount of money owed by the U.S. government at
any given time.
f. Bankruptcy – when debt outweighs assets.
2. Foreign Affairs:
a. Power to declare war.
b. War Powers Resolution of 1973
3. Regulate Commerce:
a. Interstate trade – trade among states.
b. Intrastate trade – trade that occurs within a state.
4. Currency:
a. power to coin money
5. Copyright:
a. protects a literary or artistic work; lifetime plus 50 years.
6. Patent:
a. protects an invention; 20 years
7. Post Offices / Post Roads:
a. orderly division of counties / more efficient mail collection.
[B] Implied Powers: Not a clearly stated power that is taken from an
expressed power.
1. “Elastic Clause” – Congress may make any laws that it deems to be
“necessary and proper.”
2. Strict vs. Liberal interpretations of the Constitution.
Chapter 11
(2)
[C] Non-Legislative Powers:
1. Impeachment Process: “to bring charges against”
a. What are the roles of the following:
* House of Representatives –
* Senate –
* Chief Justice of the Supreme Court –
2. Ratification of Treaties:
a. This is the responsibility of the Senate.
b. A 2/3 vote of members present is needed to pass.
3. Proposing Constitutional Amendments:
a. A 2/3 vote is needed to pass the Amendment in both the House of
Representatives and Senate.
4. Confirming Appointments:
a. This is the job of the Senate.
b. A majority vote is needed to confirm (pass) an appointment.
5. Power To Elect A President:
a. This occurs if one presidential candidate is unable to win a majority
of the electoral vote (a minimum of 270 votes is needed).
[D] Powers Denied To Congress:
1. Writ of Habeas Corpus:
a. This requires that a prisoner be brought to court and shown why he
or she is being held (you must “have the body”).
2. Bill of Attainder:
a. This is when a person is sentenced to jail without being given the
right to a trial.
3. Ex Post Facto Law:
a. This makes an act a crime even though that act was not illegal when
it was committed (literally means “past the fact”).
Chapter 11
(3)
[E] The Congressional Power To Investigate:
1. Congress is not a court of law, but it does have similar powers.
2. Investigative Powers:
a. Subpoena Witnesses – a legal order to appear before a committee.
b. Witnesses Can Be Required To Give Testimony Under Oath
c. Witnesses Can Be Granted Immunity
d. Witnesses Can Be Held In Contempt Of Congress
* Late 1940’s, Early 1950’s – “Red Scare”
* 1970’s – Watergate
3. Watkins v. United States (1957)
a. The Court ruled that witnesses testifying before congressional
committees must still be afforded all constitutional liberties.
[F] Chapter 11 Handout: “Classifying The Powers Of Congress”
a. Study this handout since there will be several of the 20 choices used
on the Chapter 11 Quest.
[G] Chapter 11 Note Summary: Use your textbook to find this information.
GOVERNMENT
Chapter 11
The Powers of Congress
Notes
[A] Expressed Powers: Clearly stated powers (Article I, Section 8)
1. Power To Tax And Spend:
a. "power of the purse" – you control the money.
b. Revenue bills – bill designed to raise money.
c. Direct Tax – a tax that is paid directly to the government
(income tax).
d. Indirect Tax – a tax paid indirectly to the government (sales tax).
e. Public debt – the amount of money owed by the U.S. government at
any given time.
f. Bankruptcy – when debt outweighs assets.
2. Foreign Affairs:
a. Power to declare war.
b. War Powers Resolution of 1973
3. Regulate Commerce:
a. Interstate trade – trade among states.
b. Intrastate trade – trade that occurs within a state.
4. Currency:
a. power to coin money
5. Copyright:
a. protects a literary or artistic work; lifetime plus 50 years.
6. Patent:
a. protects an invention; 20 years
7. Post Offices / Post Roads:
a. orderly division of counties / more efficient mail collection.
[B] Implied Powers: Not a clearly stated power that is taken from an
expressed power.
1. “Elastic Clause” – Congress may make any laws that it deems to be
“necessary and proper.”
2. Strict vs. Liberal interpretations of the Constitution.
Chapter 11
(2)
[C] Non-Legislative Powers:
1. Impeachment Process: “to bring charges against”
a. What are the roles of the following:
* House of Representatives – impeaches
* Senate – acts as jury
* Chief Justice of the Supreme Court – serves as judge
2. Ratification of Treaties:
a. This is the responsibility of the Senate.
b. A 2/3 vote of members present is needed to pass.
3. Proposing Constitutional Amendments:
a. A 2/3 vote is needed to pass the Amendment in both the House of
Representatives and Senate.
4. Confirming Appointments:
a. This is the job of the Senate.
b. A majority vote is needed to confirm (pass) an appointment.
5. Power To Elect A President:
a. This occurs if one presidential candidate is unable to win a majority
of the electoral vote (a minimum of 270 votes is needed).
[D] Powers Denied To Congress:
1. Writ of Habeas Corpus:
a. This requires that a prisoner be brought to court and shown why he
or she is being held (you must “have the body”).
2. Bill of Attainder:
a. This is when a person is sentenced to jail without being given the
right to a trial.
3. Ex Post Facto Law:
a. This makes an act a crime even though that act was not illegal when
it was committed (literally means “past the fact”).
Chapter 11
(3)
[E] The Congressional Power To Investigate:
1. Congress is not a court of law, but it does have similar powers.
2. Investigative Powers:
a. Subpoena Witnesses – a legal order to appear before a committee.
b. Witnesses Can Be Required To Give Testimony Under Oath
c. Witnesses Can Be Granted Immunity
d. Witnesses Can Be Held In Contempt Of Congress
* Late 1940’s, Early 1950’s – “Red Scare”
* 1970’s – Watergate
3. Watkins v. United States (1957)
a. The Court ruled that witnesses testifying before congressional
committees must still be afforded all constitutional liberties.
[F] Chapter 11 Handout: “Classifying The Powers Of Congress”
a. Study this handout since there will be several of the 20 choices used
on the Chapter 11 Quest.
[G] Chapter 11 Note Summary: Use your textbook to find this information.