Ch. 11 Powers of Congress

Congressional Power Congress is given power in 3 ways:  Expressed  Implied  Inherent

Strict Constructionists Liberal Constructionists Strict constructionists, led by Thomas Jefferson, argued that Congress should only be able to exercise (1) its expressed powers and (2) those implied powers absolutely necessary to carry out those expressed powers. Liberal constructionists, led by Alexander Hamilton, favored a liberal interpretation of the Constitution, a broad interpretation of the powers given to Congress. Supported Nec. And Proper Clause Strict Versus Liberal Construction

Expressed Powers given to Congress All found in Article 1 Powers include:  Power to Tax  Limits to this power 1. no private benefit 2. not tax exports 3. direct taxes apportioned among states, by population 4. indirect taxes must be uniform

Federal Spending

The Borrowing Power Borrow money on credit of the US Deficit financing is the practice of spending more money than received in revenue and borrowing to make up the difference. The public debt is all of the money borrowed by the government over the years and not yet repaid, plus the accumulated interest on that money.

More Expressed Powers The Commerce Power  Regulate foreign and interstate trade The Currency Power  Legal tender The Bankruptcy Power  Person’s assets are distributed among those to whom the debt is owed.

Still More Powers War Powers Resolution Act  Pres. Can send troops into battle without Congress’s approval, but after 60 days they must be brought back. Naturalization Postal Powers Copyrights and Patents Powers Weights and Measures Powers

Judicial Powers Congress may create all of the federal courts below the Supreme Court and structure the federal judiciary. Congress may also define federal crimes and set punishment for violators of federal law. Powers over territories  Eminent domain

Implied Powers Regulate Commodities  Sales of items Regulate draft Regulate Minimum Wage  (2008) $6.55 (2009) - $7.25 Regulate Banking Regulate State requirements for federal funds

Inherent Powers (Nonlegislative Powers) Amendments  Propose by 2/3 Electoral Duties  House chooses President  Senate chooses Vice President Impeachment Power  House impeaches  Senate holds trial – must convict by 2/3 Executive Powers  Appointments  Treaties Investigatory Power