Powers of Congress
Only those powers granted to it
- expressed, implied, inherent
Strict Constructionists – (anti-federalists) – argue for only expressed powers and a very few,
vital implied powers. Goal : limit powers of Congress and increase powers of the states
Loose Constructionists – (federalists) believed in broad interpretation (construction) of
constitution. Goal: increase powers of Congress at expense of the states
The historic trend, supported by the Supreme Court and the American people is toward a
broader interpretation of the Constitution, thus a stronger Congress
Powers of Congress
Expressed Powers:
- Taxing – power is limited (no tax on churches, polling), no tax on exports (imports
allowed)
- Borrowing – no limits or restrictions – contributes to the National Debt ($11-Trillion)
Deficit financing- Congress spends more than it takes in and has to borrow to
make up the difference. Sells bonds and interest is not taxed by the states.
(attractive)
- Commerce Power – regulate interstate and foreign trade – commerce clause more
responsible for building a strong and United States out of a weak confederation than any
other clause of the Constitution. Not unlimited (US v Lopez, 1995) S.C. ruled Congress
stretched the commerce clause too far when using it as justification for passing “Gun-Free”
schools laws.
- Currency Power – to coin and print a national currency and monetary system to get
rid of different private bank currencies in various states. Federal Legal Tender (must be
accepted for payment of debts) first created in 1863 “Greenbacks” and taxed private
currencies out of existence.
Powers of Congress
Expressed Powers:
- Bankruptcy Power –protects individuals or companies who can’t pay their debts from
creditors. Remedies include restructuring debt through new and lower payment plans
while production continues, or dismissal of debt through liquidation (selling off assets) Most
bankruptcy cases heard in federal courts even though the states have concurrent power
- Foreign Relations Powers - more than in any other area. Congress shares this power
with the President. President negotiates treaties but Senate approves (2/3 vote) States
have no foreign relations power
- War Powers – shared w/ President (Commander-in-chief) Only Congress declares war.
It raises money to support an army and navy and make governing rules. (Rules of
engagement) War Powers Resolution 1973 – limited the President’s power to start conflicts
that could lead to war. S/he must consult Congress about sending in troops and has 60 after
doing so to explain to Congress why its important. Congress can with draw troops if they
want.
- Naturalization – the power to set rules for a citizen of another country to become a
citizen of this country
Powers of Congress
Expressed Powers:
- Postal power – establish and set rules for a postal service. Been losing market
share/revenue to private companies (UPS, FEDEX) for years. Revenue through the sale of
postage. (stamps)
- Copyrights and Patents – Copyright - “original works of authorship,” including
literary, dramatic, musical, artistic, and certain other intellectual works. This protection is
available to both published and unpublished works, automatically, upon their creation.
Protected for author’s life plus 70 years. Patent – “original processes” – the sole right to
manufacture, use, or sell “any useful art, machine, manufacture or composition of matter.”
Good for 20 years.
- Weights and Measures- set by the National Institute of Standards and Technology sets
uniform and accurate gauges of time, distance, area, weight, volume, and the like.
Other powers – Eminent Domain – the power to take private property for public use. Also
the power to define federal crimes and set punishment for offenders.
Powers of Congress
Implied Powers:
-Stem from the “ Necessary and Proper Clause” Article 1, Sec. 8,
The Congress shall have Power ... To make all Laws which shall be necessary and proper
for carrying into Execution the foregoing Powers, and all other Powers vested by this
Constitution in the Government of the United States, or in any Department or Officer
thereof.
-Bank of the United States 1791 – 20 year charter
-Second Bank of the United States – 1816 led to McCulloch v. Maryland 1819 where
Supreme Court validated the use of the Necessary and Proper clause but reigned it back in
with US v. Lopez in 1995. (Congress did not have the authority under the commerce clause
to establish gun free zones at schools across America.)
Other Powers:
- Amending the Constitution – 2/3 vote of each house to propose (33 times)
- Impeachment – charges brought and voted on in the House (majority) , trial in the
Senate (2/3) for,
“Treason, bribery or high crimes and misdemeanors.” for Federal office holders,
Pres. And V.P. Seven federal judges have been impeached and removed, 2 presidents (A.
Johnson and B. Clinton) but neither convicted.
Powers of Congress
Other Powers:
- Appointments – President’s appointments must be confirmed by 2/3 vote of Senate
- Treaties – a 2/3 vote of Senate must confirm treaties
Inherent Powers – to enforce federal law or not, and power to control national borders,
acquire new territories, and defend the state from revolution
Powers of Congress
What is a special session of Congress? Why have they lost their importance?
Called by the President for emergency purposes
Virtual year-round meeting
For what reason must seats in Congress be reapportioned every 10 years?
Shifting population – 650,000/Representative
Louisiana lost one of its
seven congressional
districts in 2013 b/c it
lost so many people in
the 2010 census
Powers of Congress
How constituencies vary in the Senate from the House? They are larger and represent the
entire state – not just a district
Representatives can vote in roles as 1) Trustees – using conscience and judgment to decide
an issue 2) Delegates – vote the way their constituents back home would want them to 3)
Partisans – vote the way their political party wants them to vote 4) Politicos – their own
view based on consideration and reconciliation of the other three types