Government

Chapter 11 Notes

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 Jefferson

Goal- limit the powers of the new National Government

View of National Power- narrow

View of Implied Powers-only those absolutely necessary to carrying out the expressed powers

Liberal Constructionist

Leader- Alexander Hamilton

Goals- to create an “energetic” new National Government

Views of National Government- broad

View 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’s value•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 an army•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 and outlaw the use of others•Establish the Federal Reserve System of banks•Requires States to qualify for money

The expressed power to regulate commerce implies

•Establish minimum wage•Ban discrimination in workplace and public facilities•Pass laws protecting the disabled•Regulate banking

The expressed Foreign Relations Powers

• Patriot Act

The expressed War Powers imply

• Draft

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