Powers of Congress
Three Forms of Power Expressed Powers – clearly stated in the Constitution. -28 expressed powers are granted in Article I, section 8 of the Constitution. Implicit Powers – not specifically stated, assumed by the Congress. Inherent Powers – resulting from the structure of the United States government.
Expressed Powers Commerce Power – Power to regulate interstate and foreign trade. Has proven to be the most important aspect of the Constitution in creating a strong United States. Gibbons v. Ogden established this power in 1824.
Gibbons v. Ogden Robert Fulton operated a steamship in New York. He was granted a monopoly by the State. Thomas Gibbons began operating his own line. Fulton sued and the State of New York sided with him. Gibbons appealed to the Supreme Court.
The Decision “Commerce, undoubtedly, is traffic, but it is something more; it is intercourse between nations, and parts of nations, in all of its branches and is regulated by prescribing rules for carrying on that intercourse.” - Chief Justice John Marshall
Impact of the Decision The monopoly of the steamship operator in New York was ended. Quickly applied in other areas. Steamship lines began operating in more places greatly improving transportation. Would later be applied to railways. Steamships and Railways were the major means by which Westward Expansion developed.
Limits of the Commerce Power Congress may not…. Cannot tax exports Cannot favor the ports of one State. Cannot require ships to pay duties. Could not interfere with the slave trade.
Power to Tax Important improvement over the Articles of Confederation. “ To lay and collect Taxes, Duties, Imposts and Excises, to pay for the Common Defense and general Welfare of the United States.” - Article I, Section 8, Clause 1
Limits of the Power to Tax Congress may not … May only tax public purposes. Congress may not tax exports. Direct taxes must be apportioned among the States based on Population.
Other Money Powers Bankruptcy Powers – power to resolve unpaid private debts. Concurrent power with the States but today most are heard in Federal courts. Currency Power – Power to print money and determine its value.
Other Expressed Powers Foreign Policy - War Powers: Only Congress may declare War. Domestic Powers - Copyrights and Patents - Postal powers - Weights and Measures - Naturalization - Judicial Powers
Implied Powers Powers assumed by Congress to exercise its Expressed Powers. Established by the “Necessary and Proper” clause. “To make all laws which shall be necessary and proper for carrying into Execution the foregoing power and all other powers vested by the Constitution.”
How Do They Relate? Power to Tax – punish tax evaders, establish the IRS. Power to Borrow – establish the Federal Reserve Banking System. Naturalization – limit and control immigration. Power to Raise Armies – power to establish the draft.
Inherent Powers Powers needed in order to serve its function in the system of checks and balances. Impeachment – House may vote to impeach a President. Senate must confirm by a two-thirds majority. Presidents Andrew Johnson and Bill Clinton were both impeached by the House. Neither were confirmed by the Senate. Executive Powers – Presidential appointees must be confirmed by the Senate by a majority vote. Treaties must also be confirmed by the Senate.