The document outlines the various powers granted to Congress under the US Constitution. It discusses expressed powers like the power to tax, borrow money, regulate commerce, and declare war. It also examines implied powers Congress has assumed over time like creating a national bank and implied from the Necessary and Proper Clause. Non-legislative powers of Congress include impeaching officials, confirming nominees, and holding investigations. Key Supreme Court cases like McCulloch v. Maryland have expanded the scope of Congressional authority in the US government.

1. Scope of
Power
Expressed
Powers
Implied
Powers
Non-
legislative
Powers
POWERS OF
CONGRESS

2.  https://www.youtube.com/watch?v=7faOy5PcJ2c
THE FIRST DEBATE

3.  Letter of the Constitution
 Expressed Powers
 Democratic-Republicans
 Jefferson: “the government is best
which governs least.”
 What did the Jeffersonians want
the government to do?
STRICT CONSTRUCTIONISTS

4.  Rise to meet the needs of a growing
nation.
 Elastic Clause
 Federalists
 Hamilton: the country needs “an
energetic government.”
 Which argument wins out?
 What factors led to the growth of
government power?
LIBERAL CONSTRUCTIONISTS

5.  Article I, Sec. 8
 27 specific powers
 Much left open to
interpretation
http://www.youtube.com/watch?v=mSC0JAK
2 V88 (5 0 sec)g eneral Co ngressional po wers
EXPRESSED POWERS

6.  What historical events made this power one of the most
important given to Congress?
 https://www.youtube.com/watch?v=ZuhYRZRfTuY
 (Capital Gains Taxes)
POWER TO TAX

7.  Tax:
 Aside from raising revenue, what other
reasons are taxes levied?
Oliver Wendell Holmes Jr., Supreme Court
Justice: “Taxes are the price we pay for a
civilized society.”
WHY DO WE HAVE TAXES?

8.  Only for public purposes
 Cannot tax exports – Why not?
 Limits on direct taxes
 Indirect taxes must be uniform
LIMITS ON THE POWER TO TAX

9. WHERE DO THE TAXES COME FROM?

10. WHERE DO OUR TAXES GO?

12.  No limits on how much or for what
purpose
The Debt Ceiling
 Statutory limit on the public debt
 Can be raised by Congress when
needed
 Has been raised 68 times since
1960
 Why did the ceiling become a
political issue?
 https://www.youtube.com/watch?v=lzcCoyJBMSU
(Debt ceiling Reuters)
BORROWING POWER

15.  What is it?
 Common-place for decades – How did our country begin?
 1931-1998 (all but 7 years)
 Budge surplus 98-2001 – Why?
 What events have led back to deficit financing?
http://www.youtube.com/watch?v=3ugDU2qNcyg
(John Green Debt Limit)
http://www.usdebtclock.org /
DEFICIT FINANCING

16.  Regulate interstate & foreign trade
Gibbons v. Ogden, 1824
 SC interpreting the Commerce
Clause broadly
 “Commerce” is more than just
buying & selling of goods
 Used to prohibit racial
discrimination in the 1960s
 The Commerce Clause is arguably
the most important part of the
Constitution. Why?
 https://www.youtube.com/watch?v=8iIlVrzvCH8
COMMERCE POWER

17. Currency Power
 Provides a uniform, stable monetary system
Bankruptcy Power
 Sets the requirements for declaring bankruptcy
Foreign Relations Power
 Shared with the President
 States cannot act on matters of security
War Powers
 Only Congress may declare war
 Raise & support armies
 This power not what it used to be – Why?
OTHER EXPRESSED POWERS
http://www.youtube.com/watch?v=hiCilTzhXrA Michael Scott

18. Postal Power
 Is the post office Constitutionally mandated? (Article 1, Sec.
8, Clause 7)
Copyrights & Patents
 Protecting intellectual property – Relevant today?
OTHER EXPRESSED POWERS

19. Elastic Clause – Article I, Sec. 8, Clause 18
“To make all Laws which shall be necessary and
proper for carrying into Execution the
foregoing Powers and all other Powers bested
by this Constitution in the Government of the
United States, or in any Department or
Officer thereof.”
 What does this mean?
IMPLIED POWERS:
HOW CONGRESS GETS IT DONE

20.  Hamilton urged its creation
 Jefferson feared its creation
 Did Congress have the power?
 https://www.youtube.com/watch?v=Vy7FJJ_ud84
BANK OF THE UNITED STATES

21.  States cannot tax the Federal
government
 No expressed powers needed
to create a bank
 Congress has the power to
carry out the expressed powers
 https://www.youtube.com/watch?v=8iIlVrzvCH8
MCCULLOCH V. MARYLAND, 1819
Chief Justice John Marshall paved the
way for an expansion of federal power.

22. Proposing Amendments
Electoral Duties
Impeachment
Executive Powers
Investigatory Powers
NON-LEGISLATIVE POWERS

23.  To accuse of high crimes or misdemeanors
 Who can be impeached?
 Which body impeaches? (majority needed)
 Which body tries?
 Who presides?
 17 impeachments & 7 removals from office (federal judges)
 Which two presidents have been impeached?
IMPEACHMENT

24.  Clashed with Radical Republicans
in Congress. Why?
 Violated the Tenure of Office Act
of 1867
 One vote short of conviction
ANDREW JOHNSON

25.  “inappropriate relationship” with
an intern
 Charged with Perjury &
Obstruction of Justice
 Senate fails to convict by wide
margin
 Clinton’s popularity increases as
a result
 http://www.youtube.com/watch?v=ClfpG2 -1Bv4
(Clinton grand jury testimony)
BILL CLINTON

26.  Resigned 1974
 Watergate – break in at Dem
headquarters
 Bribery, perjury, tax fraud, use of FBI
& CIA against enemies
 Obstruction of Justice, Abuse of
Power, Failure to respond to
Subpoena
 Resigns in face of certain removal
 Most serious abuse of presidential
power ever
RICHARD NIXON

27. - All appointees must be confirmed by majority vote in Senate
- Which positions need Senate confirmation?
- In what ways has this process become politicized?
EXECUTIVE POWERS

28.  On what issues has Congress held hearings?
Why are hearings held?
 Gather information
 Oversee Executive Branch agencies
 Focus public attention
 Expose questionable acts
 Promote interests of members of Congress
INVESTIGATORY POWER

29. As Senator, Harry Truman led an investigation to uncover
fraud and corruption in army contracts during WW II.
Saved $10-15 billion.
TRUMAN COMMITTEE

30. Wisconsin Senator
Joe McCarthy held
hearings to
investigate his
claim of Communist
infiltration in the
army. (Netflix – The
Congress)
ARMY - MCCARTHY HEARINGS

31. The House
Judiciary
committee
investigated
the Nixon
White House
and its role in
Watergate.
WATERGATE HEARINGS