1. Chapter 5 Section 2
Mr. Plude

2. A Fire Leads to Change

3. Defining the Powers of Congress
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
Constitution also denies power to Congress

4. Expressed Powers of Congress
Financing Powers
Power to “lay and collect taxes” through direct taxes and indirect taxes (fees)
Power to borrow money

5. Expressed Powers of Congress
Commerce Power
Power to regulate interstate commerce from commerce clause
Congress controls inter-state trade (trade across state lines.)

6. Expressed Powers of Congress
Defense-Related Powers
Power to declare war
Power to raise & fund army and navy

7. Expressed Powers of Congress
Other Expressed Powers
National economy (coinage, postal service, copyrights and patents, weights and measures)
Include establishing bankruptcy law, naturalization process, courts

8. Article 1
Clause 1:
To levy taxes
Clause 2:
To borrow money

9. Article 1 To regulate foreign and interstate commerce Clause 4:
To establish uniform rules of citizenship

10. Article 1 To coin money; to set uniform weights and measures
Clause 5:
To coin money; to set uniform weights and measures
Clause 6:
To punish counterfeiters

11. Article 1 To establish post offices and post roads Clause 8:
To make copyright and patent laws

12. Article 1 To establish national courts inferior to the Supreme Court
Clause 9:
To establish national courts inferior to the Supreme Court

13. Article 1
Clause 10:
To define and punish piracy and other violations of international law
Clause 11:
To declare war
Clause 12:
To raise and support armies

14. Article 1 To raise and maintain a navy
Clause 13:
To raise and maintain a navy
Clause 14:
To establish military laws (UCMJ)
Clause 15:
To call up a national militia in times of uprising or foreign invasion

15. Article 1
Clause 16:
To organize, arm, and discipline a militia when it is called into service
Clause 17:
To exercise jurisdiction over the District of Columbia

16. Article 1 Clause 18: Elastic Clause
To make all laws necessary and proper to the execution of any of the other expressed powers
Over time, Clause 18, the necessary and proper clause, has become the source of authority for much of the congressional legislation that affects Americans’ everyday lives.

17. Landmark Supreme Court Cases Gibbons v. Ogden (1824)
Why It Matters:
First Supreme Court ruling on the Constitution’ commerce clause established Congress’ power to regulate interstate trade

18. Implied Powers of Congress
Loose and Strict Constructionists
Strict constructionists – Anti-federalists
—Congress should only exercise powers explicitly granted in Constitution
Loose constructionists - Federalists
—Congress should have more freedom to interpret Constitution
The Necessary and Proper Clause Today
Has led to expanded federal authority over time

20. Non-legislative Powers
Powers Common to Both Houses
Propose constitutional amendments
Conduct investigations
Ability to issue subpoenas, documents that require person to testify
Powers of the Senate
May choose vice president
Provides advice and consent on presidential appointments
Must approve treaties negotiated by president
Powers of the House
Twelfth Amendment,- House can choose president if no candidate receives majority of electoral votes

21. 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

22. Post–World War II, U.S. Air Force, CIA, NASA
The Changing Power of Congress
1930s Great Depression : provided Social Security, help to unemployed
Post–World War II, U.S. Air Force, CIA, NASA
Delegated some powers to federal agencies it created

23. Put your head down and work hard
Put your head down and work hard. Never wait for things to happen, make them happen for yourself through hard work and not giving up.
Advice is Free