1. Government Ch. 6
Congressional Powers

2. Essential question
What powers did the Constitution give to Congress, and how have these developed over time? ​

3. The One Hundred and Fourteenth United States Congress is the current meeting of the legislative branch of the United States federal government, composed of the United State Senate and the United States House of Representatives. It is scheduled to meet in Washington, D.C. from January 3, 2015 to January 3, 2017, during the final two years of Barack Obama's presidency.

5. Section 1: Constitutional Powers
The constitution describes the legislative powers of congress in Article I, Section 8, clauses 1-18:
Expressed Powers/enumerated
The last clause Allows congress to do whatever is “necessary and proper” to carryout its other powers.
Necessary and Proper Clause- Or the elastic clause
These Implied Powers, allows congress to expand its role meeting the need or the nation.
Battle over Strict Construction v. Loose construction- How to interpret the Constitution

7. Conflicting interpretations
Conflicts over what is “necessary and proper” legislation is 1819, is often resolved by the supreme court:
E. g. 1st major conflict McCulloch v. Maryland-
When the second Bank of US was created in 1816, strict constructionist said congress had no right to charter a bank
The supreme court granted Implied powers granted
Federal Bank was able to operate

8. Conflicting interpretations
Powers Denied—powers of congress are limited
The Bill of Rights
May not suspend Writ of Habeas Corpus—a court order to release a person accused of a crime to a court to determine where she/he has bees legally detained.
May not pass Bills of Attainder—laws that establish guilt and punish people without a trial.
Cannot pass Ex post facto laws—they cannot make an act criminal that was legal when it was committed.

9. Legislative Powers
Congress has legislative Powers, it has expanded its powers as the nation has grown:
Its most significant expansion of power is the control over the Economy—Taxing, spending, and Regulating commerce
Its most important power is the levying of taxes to provide general welfare.
It influence policy –no agency can spend money without its consent.
Appropriations Bills- laws proposed to authorize spending are not expressed in the constitution,
National debt allowed
Bankruptcy laws

10. Legislative Powers Commerce Powers Military and Foreign Powers
Regulate Foreign and Interstate Commerce
Gibbons v. Ogden- Fed powers enhanced under Commerce
Military and Foreign Powers
Declare war
Raise, support, and regulate an army and navy
Draft and regulate National Guard
Punish acts on international waters and laws of nations

11. Constitutional Powers
Naturalization laws
Post offices and post roads
Copyrights and patents
Create lower federal courts
Govern Washington
Provide for laws necessary and proper for carrying out all other listed powers.

12. Non-legislative powers
Choose a President
Removal Power- House impeaches, formal accusation, Senate tries the case
Confirmation Power- Senate confirms presidential appointments
Ratification Power- Treaties
Amendment Power