The Scope of Congressional Powers

Expressed

Implied

Inherent

Powers of Congress

Strict Constructionists- led by Thomas Jefferson

Insisted Congress should only exercise• Its expressed powers• Implied powers which are absolutely necessary

“that government is best which governs least”

Constructionists

Liberal Constructionists- led by Alexander Hamilton

Favored a liberal interpretation of the Constitution

“an energetic government”

They won a victory that has set a pattern for our nation

Constructionists

Tax- a charge levied by government on persons or property to meet public needs

Direct tax-paid by the person on whom it is imposed

Indirect tax- one paid by one person then passed on to another- cigarette tax

Taxes

Deficit financing- the government spends more than it brings in

The Deficit

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

In 2003 the debt was over 6 trillion

The Public Debt

Commerce- Congress has the power to regulate interstate and foreign trade

Congress cannot tax exports or favor ports

Gibbons v Ogden- commerce is not just traffic but also intercourse

Case set the stage for Congress to pass the Civil Rights Act of 1964

Paper legal tender was first introduced in 1884

Commerce & Currency Power

Bankruptcy is the legal proceeding which distributes the assets to those whom the debt is owed

Frees the bankrupt from responsibility for debts acquired before bankruptcy

Foreclosure- when a lender attempts to recover the balance of an unpaid loan by selling the asset used as collateral on the loan-usually a home

Bankruptcy Power

Foreign Relations

War Powers

Naturalization

Postal Power

Copyrights and patents

Weights and Measures

Power over territories-eminent domain-power to take private property for public use

Judicial Powers

Other Expressed Powers

Amendments-propose- 2/3 vote in each house

House chooses a president if no candidate receives a majority of the Electoral College votes-Jefferson and John Quincy Adams

Senate chooses a VP in same circumstance

Congress approves a successor for VP also

Non-Legislative Powers

270 needed to win

Andrew Johnson

Bill Clinton

Richard Nixon- Watergate

Impeachment

Confirm Presidential appointments

Ratify treaties

Committees investigate any matter which falls within the scope of their legislative powers

Executive & Investigatory