Powers of Congress

Delegated Powers Delegated powers-Powers granted to them by the constitution Delegates powers 3 different ways 1. Explicitly, expressed powers 2. reasonable deduction from expressed powers, implied powers 3. creating a national government for the united states, inherent powers

Expressed powers Most found in Article I section 8 27 different powers granted by constitution Important in the way its interpreted Commerce clause, regulating trade with foreign nations and Indian tribes (does it include interstate commerce)

The Commerce Power Commerce power- power of congress to regulate interstate and foreign trade Gibbons v. Ogden 1824 Clash over steamboat regulation in New York New York granted exclusive rights to one company, USA another company Because it went between two states USA had precedent Case helped with Civil rights Act of 1964

The Commerce Power Limits on Commerce clause 1. cannot tax exports 2. cannot favor the ports of one state over another in trade regulation 3. cannot require vessels clear in one state to pay duties in another state 4. could not interfere with slave trade, not until 1808

The Power to tax Tax- charge levied by government on persons or property to raise money to meet public needs Does also pass for other reasons such as protection tariffs Limits Congress may tax only for public purposes not for private benefit May not tax exports Direct taxes must be apportioned among the states All taxes that are indirect must be equal for whole country

Borrowing Power No limits on money congress can borrow no restriction on purpose Public debt- all of the money borrowed by federal government Deficit financing- spending more than it takes in

Bankruptcy power Bankruptcy- legal proceeding in which bankrupt assets are distributed among those who debt is owed Most cases done in federal court

Currency power Power to coin money and regulate value States denied this power Legal tender- money creditors must accept by law

The War powers Congress shares power with president, but president dominates field Only congress can declare war It alone has power to raise armies and to make rules for it governing Also power to call for Militia (National Guard) Also make rules concerning capture on land and water

Domestic Powers Copyrights and patents Postal Powers Power to establish post offices and post roads Territories and other areas Power to acquire, manage, and dispose of various federal areas May acquire property through purchase or gift Eminent domain Private property taken for public use Proper notice to owner For a fair price May acquire unclaimed territory by discovery

Domestic Powers Weights and Measures Naturalization Judicial Powers Power to fix the standard weights and measures through us Made the English system Naturalization Has power to establish rule of naturalization Judicial Powers Power to create federal courts below supreme court Also ability to define federal crimes and set punishments

Implied Powers Necessary and Proper clause Strict versus liberal construction Strict following constitution to letter and not using power not directly expressed Liberal is interpreting to implied power Liberal Construction prevail as primary way of congressional power

The Doctrine in Practice Basis for implied powers found in Commerce clause Term commerce has very broad definition Power to tax and spend War powers Protection draft

Non legislative powers Constitutional amendments Vote required to approve amendments Electoral duties House called upon to elect president if 270 votes not achieved by a single candidate Senate choices vice president

Impeachment Impeach- to accuse, or bring charges Requires only majority vote in house Conviction requires 2/3 vote in senate Penalty for conviction is removal from office Sometime restrict from running for any office again 17 impeached, 7 convicted all were federal judges Bill Clinton and Andrew Johnson Impeached but not convicted Nixon resigned before he could be impeached

Executive Powers Appointments Approve Treaties Approve presidential appointment such as cabinet and federal judges Approve Treaties

Power to Investigate Inquire or inform self on matters of lawmaking Gather information necessary to frame legislation Oversee operations of various agencies in executive branch Focus public attention on a particular matter Expose questionable activities Promote particular interest Congressional budget office Congressional research office Government accountability office