1. Powers given to Congress
Chapter 5 section 2

2. Congressional Powers
The Constitution gives Congress many expressed powers, and it implies some others. The Constitution also places limits on the powers of Congress.

3. Congressional Powers
Three types of powers held by Congress —Expressed: spelled out in Constitution —Implied: suggested in Constitution in the necessary and proper clause —Inherent: powers a government maintains simply because it is a government In addition to granting powers to Congress, the Constitution explicitly denies powers to the legislative branch.

4. Expressed Powers of Congress
Financing Powers
1. Levy taxes both directly and indirectly
2. Borrow money in case of a deficit

5. Expressed Powers of Congress
Commerce Powers
3. Regulate foreign and interstate commerce
4. Establish uniform rules of citizenship
5. To coin money
6. Punish counterfeiters
7. Establish post offices
8. Make copyright and patent laws
9. Establish courts inferior to the Supreme Court
10. To define and punish piracy and other violations of international law

6. Expressed Powers of Congress
Defense Related Powers
11. To declare war
12. To raise and protect armies
13. To raise and maintain a navy
14. To establish military laws
15. To call up a national militia in times of uprising or foreign invasion
16. To organize, arm, and discipline a militia when it is called into service
17. To exercise jurisdiction over the District of Columbia

7. Expressed Powers of Congress
Necessary and Proper Powers
18. To make all laws necessary and proper to the execution of any of the other expressed powers
Congress can take actions needed to carry out the expressed powers
This is called the necessary and proper clause
Has led to expanded federal authority over time

8. Implied Powers of Congress
Implied powers are created by the necessary and proper clause
The framers of the Constitution knew they could not list all the powers a future Congress would need
Congress can take actions needed to carry out the expressed powers
Has led to expanded federal authority over time

9. Implied Powers of Congress
Loose and Strict Constructionists
Founders disagreed about how necessary and proper clause should be defined
Strict constructionists
—Congress should only exercise powers explicitly granted in
the Constitution
—Known as Antifederalists
Loose constructionists
—Congress should have more freedom to interpret the
Constitution
—Known as Federalists

10. Examples of Implied Powers

11. Examples of Implied Powers

12. Examples of Implied Powers

13. Examples of Implied Powers

14. Nonlegislative Powers
Congress has a variety of powers that are not related to the making of laws
1. Propose constitutional amendments
2. Conduct investigations
3. Ability to issue subpoenas, documents that require person to testify

15. Non-legislative Powers
Certain non-legislative powers are given only to the House of Representatives
Under Twelfth Amendment, House can choose president if no candidate receives majority of electoral votes

16. Non-legislative Powers
Other non-legislative powers are given only to the Senate
Approve any officials appointed by the President
Approve treaties negotiated by the President

17. Limits on the Powers of Congress
Many clauses in Constitution protect citizens’ basic civil rights
Congress may not suspend writ of habeas corpus, except in cases of rebellion or invasion
Congress is forbidden from passing bill of attainder, law that allows person to be punished without trial
Constitution also forbids Congress from passing ex post facto laws, laws that criminalize a past action