1. Powers of Congress

2. Delegated Powers
Delegated powers-Powers granted to them by the constitution
Delegates powers 3 different ways
1. Explicitly, expressed powers
2. reasonable deduction from expressed powers, implied powers
3. creating a national government for the united states, inherent powers

3. Expressed powers Most found in Article I section 8
27 different powers granted by constitution
Important in the way its interpreted
Commerce clause, regulating trade with foreign nations and Indian tribes (does it include interstate commerce)

4. The Commerce Power
Commerce power- power of congress to regulate interstate and foreign trade
Gibbons v. Ogden 1824
Clash over steamboat regulation in New York
New York granted exclusive rights to one company, USA another company
Because it went between two states USA had precedent
Case helped with Civil rights Act of 1964

5. The Commerce Power Limits on Commerce clause 1. cannot tax exports
2. cannot favor the ports of one state over another in trade regulation
3. cannot require vessels clear in one state to pay duties in another state
4. could not interfere with slave trade, not until 1808

6. The Power to tax
Tax- charge levied by government on persons or property to raise money to meet public needs
Does also pass for other reasons such as protection tariffs
Limits
Congress may tax only for public purposes not for private benefit
May not tax exports
Direct taxes must be apportioned among the states
All taxes that are indirect must be equal for whole country

7. Borrowing Power No limits on money congress can borrow
no restriction on purpose
Public debt- all of the money borrowed by federal government
Deficit financing- spending more than it takes in

8. Bankruptcy power
Bankruptcy- legal proceeding in which bankrupt assets are distributed among those who debt is owed
Most cases done in federal court

9. Currency power Power to coin money and regulate value
States denied this power
Legal tender- money creditors must accept by law

10. The War powers
Congress shares power with president, but president dominates field
Only congress can declare war
It alone has power to raise armies and to make rules for it governing
Also power to call for Militia (National Guard)
Also make rules concerning capture on land and water

11. Domestic Powers Copyrights and patents Postal Powers
Power to establish post offices and post roads
Territories and other areas
Power to acquire, manage, and dispose of various federal areas
May acquire property through purchase or gift
Eminent domain
Private property taken for public use
Proper notice to owner
For a fair price
May acquire unclaimed territory by discovery

12. Domestic Powers Weights and Measures Naturalization Judicial Powers
Power to fix the standard weights and measures through us
Made the English system
Naturalization
Has power to establish rule of naturalization
Judicial Powers
Power to create federal courts below supreme court
Also ability to define federal crimes and set punishments

13. Implied Powers Necessary and Proper clause
Strict versus liberal construction
Strict following constitution to letter and not using power not directly expressed
Liberal is interpreting to implied power
Liberal Construction prevail as primary way of congressional power

14. The Doctrine in Practice
Basis for implied powers found in
Commerce clause
Term commerce has very broad definition
Power to tax and spend
War powers
Protection
draft

15. Non legislative powers
Constitutional amendments
Vote required to approve amendments
Electoral duties
House called upon to elect president if 270 votes not achieved by a single candidate
Senate choices vice president

16. Impeachment Impeach- to accuse, or bring charges
Requires only majority vote in house
Conviction requires 2/3 vote in senate
Penalty for conviction is removal from office
Sometime restrict from running for any office again
17 impeached, 7 convicted all were federal judges
Bill Clinton and Andrew Johnson Impeached but not convicted
Nixon resigned before he could be impeached

17. Executive Powers Appointments Approve Treaties
Approve presidential appointment such as cabinet and federal judges
Approve Treaties

18. Power to Investigate Inquire or inform self on matters of lawmaking
Gather information necessary to frame legislation
Oversee operations of various agencies in executive branch
Focus public attention on a particular matter
Expose questionable activities
Promote particular interest
Congressional budget office
Congressional research office
Government accountability office