Expressed Powers Power to Tax Tax – a charge levied by government on persons or property to raise money to meet public needs Direct taxes are paid directly to the government by the person on whom it is opposed Ex. Income tax Usually based on population proportion Indirect taxes – paid by one person, then passed on to another Ex. Sales tax

Expressed Powers Borrowing Power Borrowed through Treasury Notes (T-bills) Promissory notes or IOUs Congress has a statutory limit on debt Public debt – all of the money borrowed by the Federal Government and not yet repaid Deficit – excess of expenditure over revenue in a given year

Expressed Powers Bankruptcy Power Can regulate bankruptcy (the legal proceeding in which the bankrupt’s assets are distributed among those to whom a debt is owed) Currency Power Can issue legal tender (money that a creditor must accept by law as payment for debts) Foreign Policy Shares a lot of power with presidency Has power: Where spending is concerned Protecting sovereignty of the US

Expressed Powers War Powers Only Congress can declare war Can raise and support armies/navy/etc. Can call upon the militia (AKA National Guard) Circumvented with undeclared wars Congress can authorize the president to carry out military action

Expressed Powers Domestic Powers Copyrights and Patents Postal Powers Preside over territories Weights and Measures Naturalization Judicial Powers (can check judiciary)

Implied Powers The Necessary and Proper Clause “make all Laws which shall be necessary and proper…” Referred to as the Elastic Clause Strict Constructionist – follow constitution exactly as written Congress should exercise only expressed powers and absolutely necessary implied powers Liberal Constructionist – Favors broad interpretation of constitution (especially with regard to power of the federal government) McCulloch v. Maryland

Implied Powers Commerce Clause Can tax and spend – so it can spend to promote general welfare War power Can do whatever is necessary and proper for the execution of its war power (ex. Draft)

Nonlegislative Powers Can propose Constitutional amendments Electoral duties The house can settle tied elections (1801 and 1825) Impeachment of president, vice-president, and all civil officers for treason, bribery, or other high crimes and misdemeanors Impeach—to accuse or bring about charges Requires majority in house Trial Conviction requires 2/3 of senate and penalty is removal from office

Nonlegislative Powers Impeachment Andrew Johnson (1868) Richard Nixon Bill Clinton (1998)

Nonlegislative Powers Appointments must be confirmed by senate (by majority) Cabinet, Supreme Court Justices, federal officers Treaties President makes treaties with “Advice and Consent of the Senate…provided 2/3 of the Senators present concur” Power to Investigate Gather info for legislation, oversee operation in executive, focus attention, expose questionable activities, promote particular interests of some members of congress Watergate, PEDs, Iran-Contra Affair, McCarthy-Army