Powers of Congress (Article I)

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Presentation transcript:

Powers of Congress (Article I)

Powers of Congress We know that Congress can make laws, but what other things specifically may Congress do under the authority of the Constitution???

What can’t congress do? LOTS!! Marriage licenses Censor newspapers Take all handguns

Expressed Powers SPECIFICALLY listed in the Constitution Power to tax Power to borrow Power to regulate trade and selling of goods (commerce) Power to print currency and make coins

More Expressed Powers – Specifically Listed in Constitution Foreign Relations Powers War Powers Naturalization Powers Postal Power Copyrights and Patents Weights and Measurements Power over Territories Judicial Powers Approve apptointments

Implied Powers Powers NOT WRITTEN in the Constitution, but suggested Necessary and Proper Clause Also known as elastic clause Powers that Congress needs in order to conduct its business

Implied Powers Examples include: Establishing the Federal Reserve Making tax evasion a crime Establishing federal aid programs Drafting an army Setting minimum wages and maximum work hours

Expressed vs. Implied Powers Expressed Powers Listed in the Constitution The power to tax, borrow, commerce, currency, bankruptcy, foreign relations, war powers, naturalization, postal, copyrights and patents, weights and measurements, territories, and judicial Implied Powers Not listed in Constitution Needed in order to have the expressed powers The power to establish a federal reserve, draft an army, fix minimum wage and maximum work hours, make tax evasion a crime, and establish federal aid programs

The Nonlegislative Powers Those powers not having to do with making law Constitutional Amendments Electoral College Impeachment – censure, subpoena The Power to investigate (holding hearings)

Strict vs. Liberal Construction Strict Constructionists Strict constructionists argued that Congress should only be able to exercise (1) its expressed powers and (2) those implied powers absolutely necessary to carry out those expressed powers. Liberal Constructionists Liberal constructionists favored a liberal interpretation of the Constitution, a broad interpretation of the powers given to Congress. (wanted to allow for more implied powers to national government). Thomas Jefferson was a strict constructionist Alexander Hamilton was a liberal constructionist

Assignment All superheroes have powers. Think of a comic book character who comes to mind. Choose one of the implied or expressed powers & make a Congressional superhero character. Explain the character & how his/her power is important! Then, think of a villain. How is this power going to defeat the villain? Tomorrow we’re going to make comics using what you do today (15 pts)