CHAPTER 11 POWERS OF CONGRESS

THE SCOPE OF CONGRESSIONAL POWERS Article 1 of the Constitution describes Congress and grants it specific powers, which are called EXPRESSED POWERS. Constitution also states the powers denied to Congress Those powers of Congress not listed in the Constitution but needed to carry out its expressed powers are IMPLIED POWERS It also has INHERENT POWERS – by its very nature as a national government’s legislative branch

THE SCOPE OF CONGRESSIONAL POWERS CONTINUED Arguments about Congress’s power began with the writing of the Constitution STRICT CONSTRUCTIONISTS want the states to keep as much power as possible – they believe the best government is the one that governs the least AND Congress should only use its expressed powers and the implied powers needed to carry out its duties LIBERAL CONSTRUCTIONISTS want a broad (liberal) interpretation of the powers of Congress – they believe a good government is an active one

THE SCOPE OF CONGRESSIONAL POWERS CONTINUED Congress has acquired more powers than the Framers could have ever imagined Events like wars, economic crises have contributed to this growth (improvements in communication and transportation, as well) There has been CONSENSUS about the scope of powers assumed by Congress

THE EXPRESSED POWERS OF MONEY AND COMMERCE The Constitution gives Congress the power to TAX or impose a charge on people/property in order to fund public needs Over 90% of the revenue of the Federal Government comes from taxes, of which there are 2 kinds: 1. direct taxes – paid directly by the taxed person (e.g. - income tax) 2. indirect taxes – paid first by one person and then passed on to others (manufacturer  consumer)

THE EXPRESSED POWERS OF MONEY AND COMMERCE CONTINUED The Constitution allows Congress to borrow money Called deficit financing, which led to a very large public debt (money owed by the nation) In recent years the gov’t has achieved a balanced budget, but that does not erase the national debt

THE EXPRESSED POWERS OF MONEY AND COMMERCE CONT. Congress’s commerce power allows it to regulate trade (AKA interstate or foreign business); however, Congress may not favor one State over another Only Congress has the power to “coin money” Money made by the gov’t is called legal tender (money that must be accepted in payment of debts, by law)

THE EXPRESSED POWERS OF MONEY AND COMMERCE Congress may also make laws about bankruptcy – the legal process by which a person’s assets are divided among those owned

OTHER EXPRESSED POWERS Only Congress has the power to declare war Congress makes laws about naturalization Can establish post offices – used to pass laws against crimes involving the postal system Congress uses copyright laws to protect the work of writers and inventors Congress may also acquire, manage, or sell certain federal lands, like parks They may take private property by eminent domain (power to take private land for public use) Congress also has the power to set up courts lower than the Supreme Court

IMPLIED POWERS These come from the Constitution’s Necessary and Proper Clause, which grants Congress all powers “necessary and proper” for executing its expressed powers (AKA ELASTIC CLAUSE)

THE NONLEGISLATIVE POWERS VOCAB: 1. successor 2. impeach 3. perjury 4. subpoena 5. acquit 6. censure

THE NONLEGISLATIVE POWERS CONT. Congress’s powers Investigative – look into anything that falls within its scope Executive – Give advice and consent; approve presidential appointments; approve treaties Impeachment – Bring charges against federal officials (House); try impeachment cases (Senate) Electoral – Elect President (House) and VP (Senate) if no winner in election Amendments – Propose amendments; call convention to propose amendments

SUMMARY Complete #16-32 on page 316 on a SEPARATE SHEET OF PAPER