Expressed Powers of Congress  1) The Power to Tax: in order to meet public needs, protect domestic industry, or protect public health & safety  Limitations:  a. tax only for public purposes, not private benefit  b. may not tax exports  c. direct taxes must be divided among States according to population  d. all indirect taxes must be the same rate throughout the country

States with no state income tax are in RED, states taxing only dividend and interest income are in GREY

Expressed Powers of Congress  2) The Power to Borrow:  Congress may borrow to finance its business

Expressed Powers of Congress  3) The Commerce Power:  Congress may regulate interstate & foreign trade  Gibbons v. Ogden, 1824; Supreme Court  the power to regulate commerce included all commercial intercourse between States & nations  Commerce power implies many other powers but is limited

Expressed Powers of Congress  4) The Currency Power:  Power to issue money & regulate its value  1871, Supreme Court  paper money was legal tender  5) Bankruptcy: power to establish uniform bankruptcy laws  Power to regulate bankruptcy is concurrent

Expressed Powers of Congress  6) Foreign Relations & War Powers:  Foreign Relations Powers – power to deal with foreign states & shares these powers with the President  War Powers – may declare war, raise & support armies & a navy, make rules governing those forces, call for militias, & grant letters of marque & reprisal

Expressed Powers of Congress  7) Additional Powers:  Naturalization – make citizens of another country citizens of the US  Postal Power – expressed power  establish post offices & post roads  Copyrights & Patents – grant rights over publications & inventions

Expressed Powers of Congress  7) Additional Powers (continued):  Weights & Measures – fix standards of weights & measures in the country  Power Over Territories & Other Areas – right to acquire, manage, and dispose of federal areas  Judicial Powers – authority to create federal courts below the Supreme Court

The Implied Powers of Congress  The Necessary & Proper Clause – the source of congressional implied powers  “to make all laws which shall be necessary and proper for carrying into execution to foregoing [expressed] powers.”  Also called the elastic clause

The Implied Powers of Congress  Battle over the meaning of the clause  strict and liberal constructionists  McCulloch v. Maryland, 1819 – Court backed Hamilton’s views & strengthened the notion that implied powers were necessary to conduct government for people’s benefit  “necessary & proper”  “convenient & useful” as long as basis is in the expressed powers

The Nonlegislative Powers of Congress  1) Constitutional Amendments:  Congress may propose amendments  Constitution by 2/3 vote in each house  Congress may call a national convention to propose an amendment

The Nonlegislative Powers of Congress  2) Electoral Duties:  House may be called to elect a President if no candidate receives a majority of electoral votes  Also, the Senate may be called on to elect the Vice President

The Nonlegislative Powers of Congress  3) Impeachment:  The House has sole power to vote on articles of impeachment, or removal, of the President, VP, and all other civil officers of the US  The Senate has sole power to conduct a trial of those impeached by the House

The Nonlegislative Powers of Congress  4) Executive Powers:  Senate must confirm all major appointments made by the President  Senate must confirm all treaties made by the President

The Nonlegislative Powers of Congress  5) Investigatory Power:  Congress may investigate matters related to its legislative powers  Congress may investigate:  A. to gather information useful to Congress  B. to oversee operations of the executive  C. to focus public attention on an issue  D. to expose questionable activities of public officials  E. to promote interests of some members of Congress