Powers of Congress Congress

What types of powers does Congress have? Lawmaking What types of powers does Congress have?

Interpreting the Powers of Congress

Congress Interpreting Powers Interpreting the Powers of Congress Strict Interpretation Loose Interpretation Congress should only be able to use its expressed powers Congress can do anything the Constitution does not prevent Congress has limited powers and is not powerful Congress is very powerful and has lots of implied powers They can only do what the Constitution specifically authorizes They can do whatever the constitution does not stop them from doing

Congress Interpreting Powers Commerce Clause “Congress has the power to regulate commerce between the states” Congress can get involved in any economic activity that involves more than one state SC has interpreted the commerce clause loosely Almost any economic activity is “interstate commerce” so Congress can regulate any economic activity

Congress Interpreting Powers Commerce Clause Regulations Civil Rights Act 1964 – no discrimination Minimum Wage Laws Health & Safety regulation in the work place Banning Child Labor Preventing monopolies Allowing Labor Unions

Congress Interpreting Powers Necessary & Proper Clause “Congress can make all laws necessary and proper to carry out the expressed powers” Also called the “elastic clause” It stretches the powers of Congress – each expressed power grants Congress some additional powers This means Congress has implied powers that it needs in order to fulfill its expressed powers.

Article 1, Section 8 Congress

Congress Enumerated Powers Article 1, Section 8 Section 8 of Article 1 lists Congress’s expressed powers Since these are listed and given specifically to Congress, and not to the states, these are called enumerated powers. Congress has more expressed powers than any other branch.

Congress Enumerated Powers Collect Taxes Congress has the power to lay and collect taxes. Also allows Congress to spend money and pay the debts of the United States as well Excise taxes – like gas or alcohol – must be the same in all states (federal taxes only)

Congress Enumerated Powers Borrow Money Congress has the power to borrow on the credit of the United States The modern government could not function without this power This allows the govt to operate on a deficit – meaning we spend more money than we raise from taxes This allows us to have lots of government programs but not very high taxes to fund them

Congress Enumerated Powers Regulate Commerce Congress has the power to regulate commerce among the several states Congress has the power to regulate commerce with foreign nations Congress has the power to regulate commerce with the “Indian tribes” This is the “interstate commerce clause” and has been interpreted to give Congress expansive powers

Congress Enumerated Powers Naturalization & Bankruptcy Congress has to establish uniform laws on naturalization Congress has to set uniform laws on bankruptcy They set federal laws about how one becomes a citizen of the US They handle all laws dealing with bankruptcy, not states Specifically so they are the same in every state. Congress has used this to limit immigration & establish bankruptcy courts

Congress Enumerated Powers Coin Money & Measurements Congress has the power to coin money Congress has to fix a standard of weights and measurements They set up the US Mint to actually deal with creating money They regulate the value of our currency – and have created the Federal Reserve to do this Congress makes the decision about what system of weights & measurements we use

Congress Enumerated Powers Punish Counterfeiting Congress punishes counterfeiters They delegated this power to the Secret Service

Congress Enumerated Powers Post Offices Congress has to establish post offices and post roads They set up the USPS and give it authority to handle the mail This also gives Congress the authority to build roads in the country “National Road’ in the early 1800s; Interstate Highway System in the 1950s

Congress Enumerated Powers Copyrights, Patents, & Supporting Arts Congress has the power to promote the arts and sciences They have to secure limited times to authors and inventors to rights to their products They create system to grant copyrights and patents and make rules for those US tends to have better copyright/patent protections for inventors/artists than other places “Supporting A&S” allows them to run financial aid programs for college

Congress Enumerated Powers Courts Congress has to set up courts inferior to the Supreme Court They have set up the federal court systems & can change it They created special courts like tax court, military court, etc.

Congress Enumerated Powers Piracy Congress has to fight piracy – like boat pirates They have to define the crimes on “the high seas” and deal with those

Congress Enumerated Powers Declare War Congress has the power to declare war The president will usually ask them to do so They authorize action to take place outside of US borders

Congress Enumerated Powers Raise armies Congress is responsible for building and maintaining and army for the US This makes them responsible for funding, obtaining supplies, and finding people to serve. If people won’t join, Congress has an implied power to conscript Congress may make rules about qualification for recruits

Congress Enumerated Powers Raise a navy Regulate Land & Naval Forces Congress is responsible for building and maintaining a navy This power is not much different than its power to build an army Regulate Land & Naval Forces Congress is responsible for “regulating” these in addition to “raising” them

Congress Enumerated Powers Regulate Washington DC Congress has the power to administer the capital of the nation Washington DC did not exist at the time, its location was part of a compromise to get the Constitution ratified Congress has given Washington DC the authority to elect its own government, like mayors and council They have intervened in cases where they do not like what the DC government does (marijuana legalization)

Congress Enumerated Powers Necessary & Proper Clause Congress has the power to make laws necessary & proper to help them carry out these tasks The implied powers of Congress are derived from this power.

Sorting the Powers Congress

Regulate interstate commerce Congress Powers Economic Powers Levy Taxes Coin Money Borrow & Spend Regulate interstate commerce Foreign trade Bankruptcy

Congress Powers Foreign Policy Powers Declare War Raise Army Raise Navy Fight Piracy Foreign trade Naturalization

Congress Powers Foreign Policy Powers Checks on the POTUS Approve treaties Approve all ambassadors Checks on the POTUS Approve Secretary of State Control budget

Weights & measurements Congress Powers Random Powers! Eminent Domain Post Office & Roads Weights & measurements Copyrights & Patents Arts & Sciences Washington DC

Bigly Ideas Beliefs & Behaviors

Economic & Foreign Powers Congress Wrap Up Commerce Clause Elastic Clause Expressed Powers Economic & Foreign Powers Focus on these things: