1. The legislative branch
Part Two: The Powers of Congress at Work

2. Powers Delegated by the constitution
Congressional power is limited by what the constitution grants
Expressed Powers: explicitly stated in the text of the constitution
Inherent Powers: powers that are granted to all sovereign nations (power to control boarders)
Implied Powers: Those powers derived via the carrying- out of the expressed powers
Congress sets minimum wage (power to regulate commerce)

3. Commerce power
The power of Congress to regulate interstate and foreign trade
First challenge came in the Supreme Court case Gibbons V. Ogden 1824
Limits to Commerce Powers:
Cannot tax exports
Cannot favor one port over another
Cannot require duties in interstate commerce transportation

4. The money powers Power to tax Power to borrow
Taxes must fall within the limits of the constitution
As in no taxation on citizens attending church
Power to borrow
Power to set legislation regarding bankruptcy
Power to coin money

5. Specific Limits to taxation
Tax only for public purposes, not private gain
“to pay debts and provide for common defense and general welfare”
Cannot tax exports (why not?)
Direct taxes (income tax) have to be equal by state

6. The borrowing power
There are no limits on how much money the US can borrow
However, Congress has stipulated a debt ceiling
This is done through the bond market (we will get to this later)
The federal budget has run in a deficit (spending more than we make) for a majority of the years 1930-present.
Clinton (budget surpluses)

7. Other Powers of Congress
Copyrights and Patents
Copyrights assigned by the Library of Congress (Copyright Office)
Creative work
Patent assigned from the Patent and Trademark Office
Process, machine, or manufactured item
Postal Powers
Power to build post offices and the means to deliver

8. Other Powers of Congress
Acquisition of territories and eminent domain
Weights and Measurements
Naturalization regulation and rules
Power to create new courts below the Supreme Court
Power to define a federal crime and its punishments

9. War Powers Declare War Raise and support armies
Governing of the military
Calling of the militia (National Guard)
War Powers Resolution 1973
Due to the actions of Nixon and Johnson in the undeclared Vietnam War
The President can take military action if:
Congress declares war
Congress authorizes action
An attack on the US has occurred
Can commit forces and report to Congress within 48 hours and the action cannot last more than 60 days

10. Implied powers Those powers not explicitly stated in the Constitution
Necessary and Proper Clause (Art. 1 Sect. 8)
To make all laws which shall be necessary and proper into Executing all powers vested….
The Commerce Clause (Art. 1 Section 8)
The power to regulate foreign and interstate trade
This has been used across the broad spectrum when using the definition of “Commerce”
Gibbons v Ogden 1824, States gave up the right to regulate interstate commerce to the Federal government

11. Power to investigate
The right to investigate and inform on any subject related to matters related to its power
These investigations are usually:
Gathering info for legislation
Oversight into agencies of the Executive
Focusing of public opinion on a subject (usually findings issued as “resolutions” of the house/senate)
Investigations into the actions of public/private/group activities

12. Powers checking the executive
All major presidential appointments are approved by the Senate
Ratification and/or amending of foreign treaties
The power to investigate and remove an official from office
House investigates and brings charges (Impeachment)
Majority vote
The Senate tries and carries out removal
2/3 vote