Expressed Powers of Congress 1) The Power to Tax: in order to meet public needs, protect domestic industry, or protect public health & safety Limitations:

Expressed Powers of CongressExpressed Powers of Congress 1) 1) The Power to TaxThe Power to Tax: in order to meet public : in order to meet public

needs, protect domestic industry, or protect needs, protect domestic industry, or protect public health & safetypublic health & safety

LimitationsLimitations: : a. tax only for public purposes, not private a. tax only for public purposes, not private

benefit benefit b. may not tax exportsb. may not tax exports c. direct taxes must be divided among c. direct taxes must be divided among

States according to populationStates according to population d. all indirect taxes must be levied @ the d. all indirect taxes must be levied @ the

same rate throughout the countrysame rate throughout the country

States with States with no state income tax are in no state income tax are in REDRED, states , states taxing only dividend taxing only dividend and interest income are in and interest income are in GREYGREY

Expressed Powers of CongressExpressed Powers of Congress

2) 2) The Power to BorrowThe Power to Borrow: : Congress may borrow to finance its Congress may borrow to finance its

businessbusiness

Expressed Powers of CongressExpressed Powers of Congress

3) 3) The Commerce PowerThe Commerce Power: : Congress may regulate interstate & foreign Congress may regulate interstate & foreign

tradetrade Gibbons v. OgdenGibbons v. Ogden, 1824; Supreme Court , 1824; Supreme Court

the power to regulate commerce included all the power to regulate commerce included all commercial intercourse between States & commercial intercourse between States & nationsnations

Commerce power implies many other Commerce power implies many other powers but is limitedpowers but is limited

Expressed Powers of CongressExpressed Powers of Congress 4) 4) The Currency PowerThe Currency Power: : Power to issue money & regulate its valuePower to issue money & regulate its value 1871, Supreme Court 1871, Supreme Court paper money was paper money was

legal tenderlegal tender 5) 5) BankruptcyBankruptcy: power to establish uniform : power to establish uniform

bankruptcy lawsbankruptcy laws Power to regulate bankruptcy is concurrentPower to regulate bankruptcy is concurrent

Expressed Powers of CongressExpressed Powers of Congress

6) 6) Foreign Relations & War PowersForeign Relations & War Powers: : Foreign Relations Powers – power to deal Foreign Relations Powers – power to deal

with foreign states & shares these powers with foreign states & shares these powers with the Presidentwith the President

War Powers – may declare war, raise & War Powers – may declare war, raise & support armies & a navy, make rules support armies & a navy, make rules governing those forces, call for militias, & governing those forces, call for militias, & grant letters of marque & reprisalgrant letters of marque & reprisal

Expressed Powers of CongressExpressed Powers of Congress 7) 7) Additional PowersAdditional Powers: : Naturalization – make citizens of another Naturalization – make citizens of another

country citizens of the UScountry citizens of the US Postal Power – expressed power Postal Power – expressed power

establish post offices & post roadsestablish post offices & post roads Copyrights & Patents – grant rights over Copyrights & Patents – grant rights over

publications & inventionspublications & inventions

Expressed Powers of CongressExpressed Powers of Congress

7) 7) Additional Powers (continued)Additional Powers (continued):: Weights & Measures – fix standards of Weights & Measures – fix standards of

weights & measures in the countryweights & measures in the country Power Over Territories & Other Areas – Power Over Territories & Other Areas –

right to acquire, manage, and dispose of right to acquire, manage, and dispose of federal areasfederal areas

Judicial Powers – authority to create federal Judicial Powers – authority to create federal courts below the Supreme Courtcourts below the Supreme Court

The Implied Powers of CongressThe Implied Powers of Congress

The Necessary & Proper ClauseThe Necessary & Proper Clause – the – the source of congressional implied powerssource of congressional implied powers

““to make all laws which shall be necessary to make all laws which shall be necessary and proper for carrying into execution to and proper for carrying into execution to foregoing [expressed] powers.”foregoing [expressed] powers.”

Also called the Also called the elastic clauseelastic clause

The Implied Powers of CongressThe Implied Powers of Congress

Battle over the meaning of the clause Battle over the meaning of the clause strict and liberal constructionistsstrict and liberal constructionists

McCulloch v. MarylandMcCulloch v. Maryland, 1819, 1819 – Court – Court backed Hamilton’s views & strengthened the backed Hamilton’s views & strengthened the notion that implied powers were necessary notion that implied powers were necessary to conduct government for people’s benefitto conduct government for people’s benefit

““necessary & proper” necessary & proper” “convenient & “convenient & useful” as long as basis is in the expressed useful” as long as basis is in the expressed powerspowers

The Nonlegislative Powers of The Nonlegislative Powers of CongressCongress

1) 1) Constitutional AmendmentsConstitutional Amendments:: Congress may propose amendments Congress may propose amendments

Constitution by 2/3 vote in each houseConstitution by 2/3 vote in each house Congress may call a national convention to Congress may call a national convention to

propose an amendmentpropose an amendment

The Nonlegislative Powers of The Nonlegislative Powers of CongressCongress

2) 2) Electoral DutiesElectoral Duties:: House may be called to elect a President if House may be called to elect a President if

no candidate receives a majority of electoral no candidate receives a majority of electoral votesvotes

Also, the Senate may be called on to elect Also, the Senate may be called on to elect the Vice Presidentthe Vice President

The Nonlegislative Powers of The Nonlegislative Powers of CongressCongress

3) 3) ImpeachmentImpeachment: : The House has sole power to vote on The House has sole power to vote on

articles of impeachment, or removal, of the articles of impeachment, or removal, of the President, VP, and all other civil officers of President, VP, and all other civil officers of the USthe US

The Senate has sole power to conduct a The Senate has sole power to conduct a trial of those impeached by the Housetrial of those impeached by the House

The Nonlegislative Powers of The Nonlegislative Powers of CongressCongress

4) 4) Executive PowersExecutive Powers: : Senate must confirm all major appointments Senate must confirm all major appointments

made by the Presidentmade by the President Senate must confirm all treaties made by Senate must confirm all treaties made by

the Presidentthe President

The Nonlegislative Powers of CongressThe Nonlegislative Powers of Congress

5) 5) Investigatory PowerInvestigatory Power: : Congress may investigate matters related to its Congress may investigate matters related to its

legislative powerslegislative powers Congress may investigateCongress may investigate:: A. to gather information useful to CongressA. to gather information useful to Congress B. to oversee operations of the executiveB. to oversee operations of the executive C. to focus public attention on an issueC. to focus public attention on an issue D. to expose questionable activities of public D. to expose questionable activities of public

officialsofficials E. to promote interests of some members of E. to promote interests of some members of

CongressCongress