Ch. 11 Powers of Congress

Congressional Power

Congress is given power in 3 ways: Expressed Implied Inherent

Strict Constructionists Liberal Constructionists

Strict constructionists, led by Thomas Jefferson, argued that Congress should only be able to exercise (1) its expressed powers and (2) those implied powers absolutely necessary to carry out those expressed powers.

Liberal constructionists, led by Alexander Hamilton, favored a liberal interpretation of the Constitution, a broad interpretation of the powers given to Congress. Supported Nec. And Proper Clause

Strict Versus Liberal Construction

Expressed Powers given to Congress

All found in Article 1Powers include:

Power to Tax Limits to this power

1. no private benefit2. not tax exports3. direct taxes apportioned among states, by

population4. indirect taxes must be uniform

Federal Spending

The Borrowing Power

Borrow money on credit of the USDeficit financing is the practice of spending

more money than received in revenue and borrowing to make up the difference.

The public debt is all of the money borrowed by the government over the years and not yet repaid, plus the accumulated interest on that money.

More Expressed Powers

The Commerce PowerRegulate foreign and interstate trade

The Currency PowerLegal tender

The Bankruptcy PowerPerson’s assets are distributed among those to whom the debt is owed.

Still More Powers

War Powers Resolution Act Pres. Can send troops into battle without Congress’s

approval, but after 60 days they must be brought back.

Naturalization Postal PowersCopyrights and Patents PowersWeights and Measures Powers

Judicial Powers Congress may create all of the federal courts below

the Supreme Court and structure the federal judiciary.

Congress may also define federal crimes and set punishment for violators of federal law.

Powers over territories Eminent domain

Implied Powers

Regulate Commodities Sales of items

Regulate draftRegulate Minimum Wage

(2008) $6.55 (2009) - $7.25Regulate BankingRegulate State requirements for federal

funds

Inherent Powers (Nonlegislative Powers)

Amendments Propose by 2/3

Electoral Duties House chooses President Senate chooses Vice President

Impeachment Power House impeaches Senate holds trial – must convict by 2/3

Executive Powers Appointments Treaties

Investigatory Power