The Scope of Congressional Powers Chapter 11 Section 1

Congressional Power Congress has only those powers delegated to it and not specifically denied to it by the Constitution. Congress has expressed, implied, and inherent powers. Congress does not have and may not exercise any of the reserved powers. Pg 92. (power given to the states)

Strict Versus Liberal Construction Strict constructionists believe Congress should exercise only its expressed powers and those implied powers absolutely necessary to carry out those expressed powers. Liberal constructionists believe in a broad interpretation of powers given to Congress, an interpretation that has extended the powers of the Federal Government far beyond the plans of the original Framers of the Constitution.

Test Question Those who favored a broad interpretation of the constitutional powers given to Congress were known as a. liberal constructionists. . b. strict constructionists. c. Anti-Federalists d. Jeffersons.

The Expressed Powers of Money and Commerce Chapter 11 Sect. 2

Test Question The powers of Congress are affected by all of the following EXCEPT a. what the Constitution expressly says Congress may do. b. what the Constitution says only the States may do. c. what the States’ constituents say Congress may do. d. what the Constitution is silent about.

The Power to Tax Tax-a charge levied by government on a person/property Article I, Section 8, Clause I of the Constitution gives Congress the power to tax in order to meet public needs, protect domestic industry, or protect public health and safety. (tax on foreign cars) There are four explicit limitations on the power to tax.

Test Question Which of the following powers could Congress use to help protect American car makers from foreign competition? a. the currency power b. the power of eminent domain c. the power to borrow d. the power to tax

-Congress may tax only for public purposes, not for private benefit. -Congress may not tax exports. -Direct taxes must be divided among the States according to their populations. -All indirect taxes must be levied at the same rate in all parts of the country. enable the nation to pay for its common defense and general welfare, Congress is given this power.

The Power to Borrow Congress may borrow to finance its business. The Federal Government spends more than it collects. No restrictions on amount and purpose. Limit to spending is set by Congress. Federal deficit is 17 Trillion

The Commerce Power Congress may regulate interstate and foreign trade. In Gibbons v. Ogden, 1824, the Supreme Court ruled that the power to regulate commerce included all commercial intercourse between States and nations.

Test Question The Supreme Court ruling in Gibbons v. Ogden a. Expanded the currency power by including paper money as legal tender. b. Expanded that power to tax by allowing a tax on incomes. c. Expanded the commerce power to include all commercial interactions. d. Expanded the power over territories to include the taking of private property.

Expanded the commerce power to include all commercial interactions. The commerce power implies many other powers. The commerce power is limited( in theory). Since 1789, Supreme Court rulings have been key to broadening the scope of this expressed power.

The Commerce Clause entitles Congress to? A. tax Minnesota’s wheat exports to Russia. B. regulate airline routes in New England. C. require Texas oil tankers to dock and pay duties in Louisiana. D. give San Francisco the exclusive right to receive cargo ships from Japan.

Test Question Since 1789, Supreme Court rulings have been key to broadening the scope of which expressed power? a. the postal power b. the power to tax c. the commerce power d. eminent domain

The Currency Power Congress has the power to issue money and regulate its value. In 1871, the Supreme Court held that paper money was legal tender.

Bankruptcy Congress had the power to establish uniform bankruptcy laws. The power to regulate bankruptcy is concurrent. to establish uniform procedures for dealing with insolvent debtors

Test Question For what purpose does the Constitution give Congress the power to regulate bankruptcy? a. to finance projects that current revenues cannot cover b. to establish uniform procedures for dealing with insolvent debtors c. to coin money and regulate its value d. to act on matters affecting the nation’s

Other Expressed Powers Chapter 11 Section 3

Foreign Relations and War Powers Foreign Relation Powers-Congress has the power to deal with foreign states and share these powers with the President. War Powers-Congress may declare war, raise and support armies and a navy, make rules governing the land and naval forces, call for the militias, and grant letters of the marque and reprisal.

Additional Powers of Congress Naturalization-Congress has the power to make citizens. The Postal Power-Congress has the expressed power to establish post offices and post roads. Copyrights and Patents-Congress grants rights over publication, and inventions.

Weights and Measures-Congress has the power to fix the standards and weights and measures in the country. Power over Territories and Other Areas-Congress has the power to acquire, manage, and dispose of federal areas.

(eminent domain) The power to take private property for public use. Which of the following is NOT a constitutional method by which Congress may acquire property A. taking private property without just compensation B. purchasing private property C. accepting private property as a gift D. acquiring land from foreign states in treaties

Judicial Powers-Congress has the authority to create federal courts below the Supreme Court. Which of the following judicial powers does Congress NOT have? A. the power to create federal courts B. the power to override Supreme Court decisions by majority vote C. the power to provide for the punishment of those who violate federal law D. the power to define federal crimes

The Implied Powers Chapter 11 Section 4

The Necessary and Proper Clause This clause is the source of congressional implied powers. The clause states that Congress has the power “to make all laws which shall be necessary and proper for carrying into execution the foregoing [expressed] powers.” The clause has been called the “Elastic Clause” because it has allowed Congress to stretch its powers.

The Battle over Implied Powers The battle over the meaning of the clause caused a conflict between Hamilton and Jefferson (between liberal and strict constructions). McCulloch v. Maryland, 1819-The Supreme Court backed Hamilton’s views and strengthened the notion that implied powers were necessary to conduct government for the benefit of the people.

The Doctrine in Practice-Today “necessary and proper” is generally interpreted as “convenient and useful,” as long as the implied powers have their basis in the expressed powers. The Necessary and Proper Clause is interpreted most liberally today when applied to tax and commerce powers.

Test Question For what reason did the Framers include the Necessary and Proper Clause in the Constitution? A. to empower Congress to pass laws needed to carry out the expressed powers B. to limit congressional powers to those expressly stated in the Constitution C. to define the scope of the inherent powers on Congress D. to set forth those powers considered necessary to the States

The Nonlegislative Powers Chapter 11 Sections 5

Electoral Duties The House may be called onto to elect a President if no candidate receives a majority of electoral votes. Under the same circumstances, the Senate may be called on to elect a Vice President.

Constitutional Amendments Congress has the power to propose amendments to the constitution by two-thirds vote in each house. Congress may call a national convention to propose an amendment.

Impeachment The House has sole power to vote articles of impeachment, or removal, of the President, Vice President, and all other civil officers of the United States. The Senate has sole power to conduct a trial of those impeached by the house. Impeachment by majority in House Impeachment by 2/3 in Senate

Test Question In order to bring charges against the President or Vice President for misconduct in office, the House of Representatives is given a. executive powers. b. the power to impeach. c. investigatory power. d. electoral duties.

Executive Powers The Senate must confirm all major appointments made by the President. The Senate must confirm all treaties made by the President.

Test Question All treaties must be approved by a two-thirds vote of a. the Senate. b. the House c. both houses in Congress. d. the Supreme Court.

Investigatory Power Congress holds the power to investigate matters related to its legislative powers. Congress may choose to conduct an investigation for five reasons.

Test Question Congress is given investigatory powers in order to a. examine matters related to its lawmaking powers. b. approve or reject major appointments made by the President. c. bring charges of misconduct against the President or Vice President. d. propose constitutional amendments.

To gather information useful to Congress To oversee operations of the executive branch To focus public attention on an issue To expose questionable activities of public officials To promote the interests of some members of Congress

Test Question All of the following are examples of the nonlegislative powers of Congress EXCEPT a. using “senatorial courtesy” to block the appointment of a federal marshal. b. gathering information about a national health-care system. c. electing a President when no candidate wins a majority of electoral votes d. ratifying a proposed constitutional amendment to balance the budget.