Chapter 11 – Congressional Powers Legislative Branch Chapter 11 – Congressional Powers

The Scope of Congressional Powers Congress has only those powers delegated to it and not specifically denied to it by the Constitution Congress has expressed, implied, and inherent powers Strict v Liberal Construction (Interpretation of the Constitution Strict believed that if the Constitution did not say it, the government couldn’t do it Stand of the Anti-Federalists Led by Thomas Jefferson Opposed the Implied Powers Liberal believed in an extended government beyond the plans of the original Framers of the Constitution Stand of the Federalists Led by Alexander Hamilton Supported the Implied Powers

The Expressed Powers The Power to Tax Congress can tax to meet public needs, protect domestic industry, or protect public health, & safety Limitations on taxing power Cannot tax for private benefit Cannot tax exports Direct taxes are divided among the states according to their populations Example: Income tax Indirect taxes must be the same for all parts of the country Example: tobacco tax

The Power to Borrow Money Congress can borrow money to finance its business The federal Government spends more money than it collects The Commerce Power (Trade) Congress can regulate interstate and foreign trade In Gibbons v Ogden, 1824 the Supreme Court ruled that the power to regulate commerce included all commercial trading between States and Nations. The Commerce Power implies many other powers The Commerce Power is limited

The Currency Power Bankruptcy Power Congress has the power to issue money and regulate its value In 1871, the Supreme Court ruled that paper money was legal tender, meaning it had to be accepted for all debts public and private Bankruptcy Power Congress has the power to establish uniform Bankruptcy laws The state legislatures can make these laws more specific for their state Therefore, bankruptcy power is concurrent, meaning it is shared by both the states and the federal government.

Foreign Relations & War Powers Foreign Relations Powers give Congress the power to deal with foreign states and shares these powers with the President War Powers gives Congress the power to declare war, raise and support an army and an navy, and call for state militias Due to the Vietnam War, Congress passed the War Powers Resolution in 1973, limiting the President’s war powers as Commander in Chief.

Additional Powers of Congress Naturalization Power – Congress can make immigrants U.S. citizens Postal Power – Congress establishes post offices and post roads Congress issues copyrights to authors and artists and patents to inventors Congress fixes the standards of weights and measures so they are the same throughout the U.S. Territorial Power gives Congress the right to buy, manage, and dispose of federal property Judicial Power gives Congress the power to create the Federal Courts below the U.S. Supreme Court

Implied Powers Also known as the Necessary & Proper clause It is the source for Congressional implied powers It states that Congress can “make all laws which shall be necessary and proper for the carrying into execution the expressed powers” This is also called the Elastic Clause because it has allowed Congress to stretch its powers

Battle over the Implied Powers The battle over the meaning of the clause caused a conflict between Jefferson and Hamilton McCulloch v Maryland, 1819 is the case that backed Hamilton’s stand and strengthened the notion that implied powers were necessary to conduct government for the benefit of the people Today, ‘necessary and proper’ is translated as convenient and useful as long as the base for the power is in the expressed powers

Non-legislative Powers Constitutional Amendments Congress can propose a new amendment Congress can call a national convention to propose a new amendment Electoral Duties The House of Representatives may be called on to elect the President of the U.S. if no candidate receives a majority of electoral votes

Impeachment Executive Powers The House of Representatives has the power to impeach which means to bring charges against a federal official The Senate has the sole power to try the cases of those impeached Executive Powers The Senate must confirm all major Presidential appointments The Senate must confirm all treaties signed by the President

Investigatory Power Congress holds the power to investigate matters related to its legislative powers Congress may choose to conduct an investigation for five reasons To gather information useful to Congress To oversee operations of the executive branch To focus public attention n an issue To expose questionable activities of public officials To promote the interests of some members of Congress