The Scope of Congressional Powers

Powers of Congress Expressed Implied Inherent

Constructionists Strict Constructionists- led by Thomas Jefferson Insisted Congress should only exercise Its expressed powers Implied powers which are absolutely necessary “that government is best which governs least”

Constructionists Liberal Constructionists- led by Alexander Hamilton Favored a liberal interpretation of the Constitution “an energetic government” They won a victory that has set a pattern for our nation

Taxes Tax- a charge levied by government on persons or property to meet public needs Direct tax-paid by the person on whom it is imposed Indirect tax- one paid by one person then passed on to another- cigarette tax

The Deficit Deficit financing- the government spends more than it brings in

The Public Debt The debt is all the money borrowed by the government over the years and not yet repaid, plus the accumulated interest on that money In 2003 the debt was over 6 trillion

Commerce & Currency Power Commerce- Congress has the power to regulate interstate and foreign trade Congress cannot tax exports or favor ports Gibbons v Ogden- commerce is not just traffic but also intercourse Case set the stage for Congress to pass the Civil Rights Act of 1964 Paper legal tender was first introduced in 1884

Bankruptcy Power Bankruptcy is the legal proceeding which distributes the assets to those whom the debt is owed Frees the bankrupt from responsibility for debts acquired before bankruptcy Foreclosure- when a lender attempts to recover the balance of an unpaid loan by selling the asset used as collateral on the loan-usually a home

Other Expressed Powers Foreign Relations War Powers Naturalization Postal Power Copyrights and patents Weights and Measures Power over territories-eminent domain-power to take private property for public use Judicial Powers

Non-Legislative Powers Amendments-propose- 2/3 vote in each house House chooses a president if no candidate receives a majority of the Electoral College votes-Jefferson and John Quincy Adams Senate chooses a VP in same circumstance Congress approves a successor for VP also

270 needed to win

Impeachment Andrew Johnson Bill Clinton Richard Nixon- Watergate

Executive & Investigatory Confirm Presidential appointments Ratify treaties Committees investigate any matter which falls within the scope of their legislative powers