1. Implied and Nonlegislative Powers

2. Review of Powers
Expressed: Specifically written in the Constitution – also called enumerated powers
Implied: Congress is allowed to use these powers to carry out the expressed powers.
Reserved: Powers given to the States like holding elections or issuing marriage licenses.
Concurrent: Powers shared by both the national and State governments like taxing.
Inherent: Powers a government has just because it is a sovereign nation.

3. Necessary and Proper Clause or Elastic Clause
Necessary and Proper Clause – Article I, Section 8, Clause 18
Important to carry out expressed powers
Examples:
To regulate commerce (expressed)
Establish minimum wage
Ban discrimination
Protect the disabled
Regulate banking

4. Strict and Liberal Constructionism
To stretch or not to stretch?
Strict Constructionism (belief that the government should do just what was expressed in the Constitution
Liberal Constructionism (Belief in a looser interpretation of the Constitution. Government should be able to do anything that is necessary to carry out taxing, borrowing, commerce, and currency powers )

5. Non-legislative Powers

6. Propose Amendments
Article V allows either Congress to propose amendments or 2/3’s of the State legislatures (never been done)
Must be ratified by 3/4ths of the State legislatures or conventions of 3/4ths of the States must agree

7. Electoral Duties
If no candidate received a majority of the electoral vote the House of Representatives can decide the (Presidential) election
In 1801 Thomas Jefferson
In 1825 John Quincy Adams
1877 – There was a dispute about legality of votes between Tilden and Hayes. Congress decided for Hayes.

8. Impeachment
The House of Representatives has the sole power of impeachment which requires a majority vote (they decide if there is enough evidence to try a president or federal judge) (Done twice – Andrew Johnson and Bill Clinton)
The Senate tries the federal official on the impeachment charges and requires a 2/3rds vote to convict (never done)
A federal official can be impeached for Treason, Bribery, or other high Crimes and Misdemeanors

9. If the President or Vice President is tried the Chief Justice will preside
If a federal judge is tried the President or President Pro-tempore of the Senate may preside
Punishment is determined by the Senate

10. Executive Powers Appointments
President can appoint Cabinet Members, Justices, and foreign service representatives.
Any presidential appointment must be confirmed or agreed to by the Senate with a majority vote.
First the appoint is assigned to a committee and debated – they will question the candidate and maybe others
If approved by the committee it comes before the full Senate for a vote

11. Senatorial Courtesy
A person is nominated to serve in a certain State as a judge or other federal official
A member of the President’s party, from that State opposes the nomination
The Senate will turn down the nomination

12. Treaties If the President makes a treaty with another country
It must go to the Senate for ratification
2/3rds of the Senators must vote to approve
They may also change it or offer reservations

13. Investigatory Power
Congress may investigate any issue that concerns them
They may use standing committees or appoint special committees
Reasons for committees
Gather information
Oversee operations of executive branch
Focus public opinion on a certain issue
Expose questionable activities of public officials
Promote the interests of members of Congress