The Powers of Congress Powers only those given by the Constitution.

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Presentation transcript:

The Powers of Congress Powers only those given by the Constitution

Three types of powers Expressed- written in the Constitution Implied- not written but suggested Inherent- belonging to all sovereign states

Interpreting the Constitution Strict Constructionists –led by Thomas Jefferson –Congress only has expressed powers –States need to have as much power as possible Liberal Constructionists –Led by Alexander Hamilton –Congress needs broad powers both expressed and implied –People have formed a consensus supporting liberal constructionist view

Expressed Powers Taxes Charge by the government on persons and property to raise money for public needs Can not tax Religion, polls, exports Has to be used for public purposes Direct tax- paid directly to the Government Indirect tax- passed on to another party

Expressed Powers Borrowing Power Deficit financing- government spends more than it takes in borrows to makeup the difference Public Debt- money borrowed and not repaid

Expressed Powers Commerce Regulates interstate trade- between states Foreign trade- each state is not sovereign and has no international standing

Expressed powers Currency Coin Money and regulate the value Before Constitution the 13 states all issued own money became worthless Legal tender- money that any creditor must accept for payment

Expressed Powers War Powers Declare War Raise and support military Calling the militia Restrict armed forces in combat areas (1973 War Powers Act)

Expressed Powers Over Territories Acquire, manage and dispose of national areas –Puerto Rico, Guam, US Virgin Islands, Washington DC, military bases, Parks, and prisons

Expressed Powers Judicial Powers Creates Federal Courts below the Supreme Court Defines federal crimes and sets punishments

Other Expressed Powers Naturalization- process of becoming a citizen Postal Powers- set up and regulate postal system Copyrights and patents

Implied Powers Necessary and Proper Article I Section 8 gives Congress the power to make all laws necessary and proper to execute powers listed in the Constitution Jefferson and Hamilton argued over the meaning

Other Powers Elections- ties in Presidential election go to the House who vote for the next President Impeachment- accuse, bring charges against –House votes for trial –Senate conducts and votes Approving Presidential appointments and treaties (Senate) Investigate any matter within their powers