Powers of Congress

1. Powers of Congress
Some given by the Constitution with
liberal interpretation by Congress
(this should be a review)

2. Expressed Powers
• Article 1 of Constitution
• Specifically written in the Constitution
– Ex. Power to tax or borrow money
– Ex. Coin money

3. Implied Powers
• Powers of Congress not specifically listed in
the Constitution
– Necessary and Proper
– Ex. Military Draft
– Ex. Creation of the Air Force

4. Inherent Powers
• Powers said to be inherent to the ideals of
government
• Include power to control national borders,
acquire new territories, defend the state from
revolution

5. Strict and Liberal Interpretation
• Strict—must go by what the Constitution says
EXACTLY
– Best government is one that governs least
• Liberal—broad interpretation of Constitution
– Best government is one that is active

6. Expressed Powers of Money and
Commerce
Most expressed powers deal with
money

7. Tax
• Power is given by Constitution
• Over 90% of revenue of the Federal Govt.
comes from taxes
– 1. Direct—paid directly by a taxed person
– 2. Indirect—first paid by one person, then passed
on (manufacturers and consumers)

8. Borrowing Money
• Constitution allows for borrowing of money
• Until recently, the Govt. spent more that it
took in (taxed)
• Result—had to borrow money (deficit
financing) to make up the difference
• This deficit financing led to a very big public
debt

9. Commerce Power
• Allows Congress to regulate trade or interstate
and foreign businesses
• Congress may not tax exports or favor one
state over another

10. Coin Money
• Only Congress has the power to coin/make
money
• Money made by government is called legal
tender

11. Other Expressed Powers
Expressed powers not related to
money

12. 8 powers of war and defense
• Declare War
• Raise and Support an army/navy
• Make naturalization laws
• Establish a Postal System
• Set up Federal Courts
• Copyrights and patents
• Weights and measures
• Acquire, manage, and sell foreign lands

13. Implied Powers
Necessary and Proper Clause

14. Necessary and Proper
• “necessary and proper for the executing
expressed powers”
• Helps Congress stretch their power
• Examples:
• Establish Postal Service—punish mail fraud,
limit what can be sent through mail
• Establish naturalization laws—regulate/limit
immigration

15. Non-legislative Power
Non lawmaking powers

16. Non-legislative powers
• Investigate—look into anything that falls
within its scope
• Executive—give “advice and consent”,
approve presidential appointments
• Impeachment—bring charges against a federal
official
• Amendments—propose and call conventions
to propose amendments
• Electoral—elect a president (house) and Vice
president (senate) if no winner in election