Congressional Power• Expressed Power -Granted to Congress specifically in the Constitution
• Implied Powers Are granted by reasonable deduction from the expressed powers through the Elastic Clause
Strict ConstructionLeader- Thomas JeffersonGoal- limit the powers of the new National GovernmentView of National Power- narrowView of Implied Powers-only those absolutely necessary to carrying out the expressed powers
Liberal ConstructionistLeader- Alexander HamiltonGoals- to create an “energetic” new National GovernmentViews of National Government- broadView of Implied Powers- should be interpreted broadly
Legislative Powers• Expressed Power – Most are found in Article 1: Section 8 – 18 separate clauses – 27 different powers explicitly given to Congress
Money Powers•Coin money and regulate it’svalue•Taxes•Borrow money (no limit)•bankruptcy
Commerce Powers Regulate interstate and foreign commerce
Foreign Relations Powers Act on Matters affecting the security of the nation
War Powers•Declare War•Raise, support, and regulate anarmy•Pull out Troops
Other Expressed Powers •Naturalization •Postal Power •Copyrights •Weights and measures •Eminent Domain •Establish Courts •Define crimes and set punishments •Acquire territories
Implied Powers• Article I Section 8 Clause 18Necessary and Proper Clause – To make all Laws which shall be necessary for carrying into Execution the foregoing Powers, and all other Powers vested by this Constitution in the Government of the United States, or any Department or Officer thereof. – Interpreted as convenient and useful – Upheld in McCulloch v. Maryland
The Expressed Money Power Implies•Punish tax evaders•Regulate some commodities andoutlaw the use of others•Establish the Federal ReserveSystem of banks•Requires States to qualify formoney
The expressed power to regulate commerce implies•Establish minimum wage•Ban discrimination in workplaceand public facilities•Pass laws protecting thedisabled•Regulate banking
The expressed Foreign Relations Powers• Patriot Act
Other expressed powers imply• Regulation of immigration• Prohibits mail fraud and obstruction of the mail• Bars shipping of certain items
Nonlegislative Powers• Constitutional Amendments –Article 5 gives Congress the Power to propose amendments through • a 2/3 vote in both houses • National convention when requested by 2/3 of the States
Electoral Duties• House decided Presidential elections if there is no majority in electoral votes• Senate decided VP election if no majority in electoral votes• If the VP office is vacated, the Pres. nominates a new one upon confirmation by both houses.
Executive Powers• Appointment- all major Presidential appointments, must be confirmed by the Senate• Treaties- all must be approved by the Senate with a 2/3 vote
Impeachment• House has sole power to impeach- bring charges• Senate holds the impeachment trial• 2/3 vote to convict• Penalty if removal from office
Investigatory PowersReason Congress conducts investigations:• Gather information• Oversee operation of executive agencies• Focus public attention on an issue• Expose questionable activities• Promote interest of members of Congress
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