1. Congress Notes 2
Power of Congress

2. Where Congress Gets Power
The Constitution places certain limits on the power of Congress
Congress derives power from the constitution in three different ways: expressed powers, implied powers, inherent powers
There are two different schools of thought in regards to the powers given to congress by the constitution.

3. Views on the powers of the Constitution
Strict Constructionists: led by Thomas Jefferson, they believed that Congress should be limited to its expressed powers and the implied powers that are absolutely necessary
Liberal Constructionists: led by Alexander Hamilton, they believed that the constitution gave congress a broader scope of national power

4. Congress’ Changing Powers
A more liberal view of congress’s power is what has led to the power that they enjoy today
Events such as wars, economic crisis and national emergencies have validated congress’s view of their expansive power

5. Expressed Powers
Much of Congress’s expressed power can be seen in how they use their power and how the courts rule on the constitutionality of their actions
This process is still taking place today
One of Congress’s primary functions is the power to tax
Taxation is levied for a variety of different reasons that include: to raise money for the public good, protect domestic industry, and for public safety reasons

6. Taxation The power to tax does have its limits
Different types of taxation: direct tax, indirect tax.
Direct Tax is a tax on an individual i.e. Income Tax or property tax
Indirect Tax is a tax paid by purchase of a good or service i.e. when you buy tires, you pay a portion of the taxes the manufacturer paid for various components used in making the tires. The tires price reflects this, more tax on items in the process, the more you pay for the product.

7. Expressed Powers Continued
Congress also has the power to borrow money on behalf of the country
Commerce Power is Congress’s power to regulate interstate and foreign trade
Congress also has the ability to coin and assign value to money

8. Expressed Powers Continued
Along with the power to make and assign value to money, congress also makes laws that deal with bankruptcy
When the government determines that a person is not able to pay their debts, bankruptcy proceedings occur and the persons assets are distributed to those who the debt is owed

9. Expressed Powers Continued
Congress has power over foreign relations in regards to war and the power to regulate foreign trade
Some of congresses other powers consist of the following: naturalization, the postal power, copyrights and patents, weights and measures, power of eminent domain, and judicial powers

10. The Implied Powers
The Necessary and Proper Clause gives Congress the power to enforce the powers given to them by the constitution
This power has been a point of controversy since its inception
Some feel that the clause is interpreted in to liberal of a fashion and that congress has abused the power that it gives them
No matter what the issue the foundation for using the necessary and proper clause must be found in the expressed powers of congress

11. Non-legislative Powers
Congress also is charged with responsibilities and powers that do not have to do with making laws
Congress plays a key role in amending the constitution
Congress can propose an amendment to the constitution with a 2/3 vote in both houses
The House and The Senate can be called upon to elect the President and Vice President if neither of the possible candidates receive a majority of the votes
Impeachment: House votes for impeachment, Senate sits as court for hearing
Congress has executive approval on appointments and treaties
Lastly Congress has an investigatory power to oversee the operations and activities of agencies and individuals within the government