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.

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.

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.

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.

EXPRESSED1.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

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.

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

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 (12th Amendment)

Senate has power to choose a Vice President if no candidate gets majority of electoral college votes (12th amendment).

The electoral college used to cast two votes and the person with the most electoral votes became President and the one with 2nd most become the V.P.

1800 election – Jefferson and Burr got same number of votes

12th Amendment also created 2 separate electoral college votes for President and Vice President.

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.

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.

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.

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.