2.  Framers knew expressed powers could not possibly contain all powers needed in future  So created Art. 1, Sec. 8, Cl. 18 – “necessary and proper” clause  This clause has been the subject of interpretation throughout U.S. history  Strict Constructionists believed Congress should exercise only those given powers.  Loose Constructionists argued Congress should have freedom to act strongly.

3.  Jefferson, a strict constructionist, believed that states should retain all powers not expressly given to the national government.  Alexander Hamilton, a Federalist, believed that Congress had the implied power of creating a national bank in order to regulate commerce, an expressed power.  Hamilton won debate; 1791 – bank was created.

4.  In 1816, Maryland began taxing the National Bank, located in Washington, D.C., the newly created capital.  1819 Supreme Court decision (McCulloch v. Maryland), ruled that the necessary and proper clause gave Congress the authority to establish a national bank.

5.  EXPRESSED 1. Collect taxes 2. Raise & support armies 3. Regulate commerce 4. Create all laws necessary and proper...  IMPLIED  Create the IRS, $ on roads, education  Create a draft, the air force  Set min. wage, set health standards  Social security, Medicare, unemployment

6.  First case in which Supreme Court ruled on Constitution’s commerce clause.  It ruled that Congress has the sole power to regulate interstate commerce.  Ogden was captain hired by Robert Fulton and Robert Livingston to operate their NY state steamboat monopoly and operate ferries between New York and New Jersey.  Gibbons, who had a federal coasting license, was prevented from operating in NY by a lower court.

7.  These are powers that all governments of independent nations have as nations.  They do not have to be spelled out.  Examples: (1) power to control borders  (2) power to make agreements with other nations

8.  Congress can propose new amendments  Congress can conduct investigations, utilizing its power of oversight  - to do this, Congress can issue subpoenas, legal documents requiring a person to testify on a certain issue.  House: has sole power to chose President if no candidate gets a majority of electoral college votes (12 th Amendment)

9.  Senate has power to choose a Vice President if no candidate gets majority of electoral college votes (12 th amendment).  The electoral college used to cast two votes and the person with the most electoral votes became President and the one with 2 nd most become the V.P.  1800 election – Jefferson and Burr got same number of votes  12 th Amendment also created 2 separate electoral college votes for President and Vice President.

10.  Separation of powers  Judicial Review checks power to pass laws  Presidential veto  Executive branch can loosely enforce a law  Congress cannot suspend habeas corpus  Writ of habeas corpus: person charged with a crime must be presented with charges.  This is to prevent government from holding people in secret or without charge.

11.  Congress cannot pass a bill of attainder, which is a law that punishes a person without a trial.  Ex post facto laws, which criminalize actions that took place in the past and were legal at the time, cannot be passed by Congress.

12.  The range powers of Congress has grown greatly in the past 220 years.  During the Great Depression, Congress created many new programs such as unemployment payments and Social Security.  After WWII, Congress created the Air Force, the CIA, and NASA.

13.  Congress gave some of its new power to the federal agencies it created, which are part of the executive branch.  But Congress still retains the power to oversee these agencies and congressional staff in both branches have grown tremendously since 1789.