1. Magruder’s American Government
C H A P T E R 11 Powers of Congress

2. C H A P T E R 11: Powers of Congress
SECTION 1 The Scope of Congressional Powers
SECTION 2 The Expressed Powers of Money & Commerce
SECTION 3 Other Expressed Powers
SECTION 4 The Implied powers
SECTION 5 The Non-legislative Powers
CH 11

3. The Scope of Congressional Powers
CH 11.1
The Constitution grants to Congress a number of powers but also places strict limits on what it can and cannot do through the use of express, implied, and inherent powers.
The extent of the powers granted to Congress has long been an area of debate.
Thomas Jefferson and Alexander Hamilton led the early debates between Jefferson’s strict constructionists (who wanted the States to keep as much power as possible) and Hamilton’s liberal (or loose) constructionists (who wanted the Federal government to be supreme).
The loose constructionists won the early battle and that trend has continued to be supported by Congress, the Presidents, the courts, and the consensus of the American people.

4. The Scope of Congressional Powers, 2
CH 11.1
Strict Construction
(Conservative)
Congressional powers should be limited to expressed powers and implied powers that are needed to carry out duties.
MAIN GOAL:
Federal government with very limited powers
House of Representatives
241 Republicans
192 Democrats
0 Independents
2 Vacancies
Senate
57 Democrats
41 Republicans
2 Independents
Loose Construction
(Liberal)
Congressional powers should be interpreted in a broad manner.
MAIN GOAL:
Federal government with strong powers.

5. The Expressed Powers of Money & CommerceCH
Article 1 of the Constitution describes Congress and grants it a large number of specific powers, also known as expressed powers. These expressed powers are those powers of Congress that are stated directly in the Constitution.
The expressed powers are brief and broad, and their full meanings have evolved over time, with Congress and the courts generally interpreting them broadly.
A partial list of the constitutional powers of Congress includes the powers to:
tax (both direct taxes and indirect taxes)
regulate commerce (interstate and international)
coin and borrow money (money made by the government called legal tender and must be accepted in payment of debts)
create laws on bankruptcy
naturalize citizens
create a postal system
govern copyrights and patents
The ability of Congress to regulate commerce and to tax have been key to the growth of the nation.

6. The Expressed Powers of Money & Commerce 2
CH 11.2
EXPRESS POWER of MONEY
Tax
Spend
Coin money
Borrow money
Set Bankruptcy Laws
EXPRESS POWER of COMMERCE
Regulate Interstate Commerce
Regulate International Trade

7. Other Expressed Powers
CH 11.3
Declare War
Raise & Support an Army & Navy
Make Naturalization Laws
Establish a Postal System
Set up Federal Courts
Fix Weights & Measures
Acquire, Manage, & Sell Federal Lands
Protect the Works of Writers & Inventors (Copyrights & Patents)
Take Private Property for public use (Eminent Domain)

8. The Implied Powers
CH 11. 4
In addition to those powers mentioned in the Constitution, Congress has the power to make laws “necessary and proper” to execute any of its expressed powers.
The Necessary and Proper Clause (sometimes called the “Elastic Clause) is the basis for the implied powers, whose extent has been long debated.
The issue of Implied Powers was first debated between liberal (Hamiltonian) and strict (Jeffersonian) constructionists since the 1790s during the battle over the issue of creating a national bank. To do so was not an Expressed Power.
A key moment in the debate occurred in 1819, when the Supreme Court decided McCulloch v. Maryland, with the Court embracing the broad view that creating the Bank of the United States was an Implied Power.

9. To lay and collect taxes --------------->
The Implied Powers, 2
CH 11. 4
The Expressed Power:
To lay and collect taxes >
To borrow money 
To establish naturalization laws---
To raise an Army and a Navy 
To regulate Commerce 
To establish Post Offices 
Implies the Power:
Make tax laws & punish tax evaders
To use tax revenues to fund public programs
Set conditions for States to get Federal money
To establish the Federal Reserve System
To regulate & limit immigration
To draft Americans into the Military
To establish a minimum wage
To ban Workplace & Public discrimination
To pass laws protecting the disabled
To regulate Banking
To prohibit mail fraud and obstruction
To bar shipping certain items via the mail

10. The Nonlegislative Powers of Congress
CH 11.5
Congress has many nonlegislative functions which include its key role in amending the Constitution.
In certain unusual circumstances the House may be called upon to select a President (if no candidate wins a majority of electoral votes) and the Senate to choose a Vice President.
If the President loses a Vice-President, he may choose a successor who is subject to Congressional approval.
The House has the power to impeach federal officers (charge with wrong-doing or a crime), and the Senate to try them.
The Senate may then convict (and remove from office), acquit, or censure said officers.
The Senate also has the power to confirm or reject major appointments or treaties made by the President.
Each house also has a broad power of investigation over any matter that falls within the scope of its powers.

11. The Non-legislative Powers of Congress, 2
CH 11.5
Investigative
Look into anything that
falls within its scope
Amendments
Propose Amendments
Call conventions to propose
amendments
Congress’s
Powers
Executive
Give advise & consent
Approve Presidential appointments
Approve treaties
Electoral
Elect a President (House)
& Vice President (Senate)
if no winner in election
Impeachment
Bring charges against Federal officials (House)
Try impeachment cases (Senate)