Constitutional Constitutional PowersPowers

Chapter 6, Section 1Chapter 6, Section 1

Constitutional ProvisionsConstitutional Provisions

• Expressed powers, or enumerated Expressed powers, or enumerated powers – powers – thethe legislative powers of legislative powers of Congress in Article I, Section 8, Congress in Article I, Section 8, Clauses 1-18.Clauses 1-18.

• Necessary and Proper Clause – Necessary and Proper Clause – implies that Congress has powers implies that Congress has powers beyond those in the first 17 clauses, beyond those in the first 17 clauses, called the called the implied powersimplied powers. .

Listed Powers of Listed Powers of CongressCongress

• Money PowersMoney Powers• Lay and collect taxes – Lay and collect taxes – provide for the provide for the

defense and general welfare (Clause 1)defense and general welfare (Clause 1)• Borrow money Borrow money (Clause 2)(Clause 2)• Establish bankruptcy laws Establish bankruptcy laws (Clause 4)(Clause 4)• Coin, print, and regulate money Coin, print, and regulate money (Clause 5)(Clause 5)• Punish counterfeiters of American Punish counterfeiters of American

currency currency (Clause 6)(Clause 6)

• Commerce PowersCommerce Powers• Regulate foreign and interstate commerceRegulate foreign and interstate commerce

Listed Powers of Listed Powers of CongressCongress

• Military and Foreign Policy Military and Foreign Policy PowersPowers

• Declare war Declare war (Clause 11)(Clause 11)• Raise, support, and regulate an army Raise, support, and regulate an army

and navy and navy (Clauses 12, 13, and 14)(Clauses 12, 13, and 14)• Provide, regulate, and call into service a Provide, regulate, and call into service a

militia known as the National Guard militia known as the National Guard (Clauses 15 and 16)(Clauses 15 and 16)

• Punish acts committed on international Punish acts committed on international waters and against the laws of nations waters and against the laws of nations (Clause 10)(Clause 10)

Listed Powers of Listed Powers of CongressCongress

• Other Legislative PowersOther Legislative Powers• Establish laws of naturalization Establish laws of naturalization (Clause (Clause

4)4)• Establish post offices and post roads Establish post offices and post roads

(Clause 7)(Clause 7)• Grant copyrights and patents Grant copyrights and patents (Clause 8)(Clause 8)• Create lower federal courts Create lower federal courts (Clause 17)(Clause 17)• Govern Washington, D.C. Govern Washington, D.C. (Clause 17)(Clause 17)• Provide for laws necessary and proper Provide for laws necessary and proper

for carrying out all other listed powers for carrying out all other listed powers (Clause 18)(Clause 18)

Implied Powers of Implied Powers of CongressCongress

• MoneyMoney PowersPowers• Support public schools, welfare programs, Support public schools, welfare programs,

public housing, etc.public housing, etc.• Maintain the Federal Reserve Board.Maintain the Federal Reserve Board.

• Commerce PowersCommerce Powers• Prohibit discrimination in restaurants, hotels, Prohibit discrimination in restaurants, hotels,

and other public accommodations. and other public accommodations.

Implied Powers of Implied Powers of CongressCongress

• Military and Foreign Policy PowersMilitary and Foreign Policy Powers• Draft people into armed services.Draft people into armed services.

• Other Legislative PowersOther Legislative Powers• Limit the number of immigrants to the Limit the number of immigrants to the

United States.United States.

• Appropriations billsAppropriations bills• Laws proposed to authorize spending; not Laws proposed to authorize spending; not

spelled out in the Constitution. These spelled out in the Constitution. These generally originate from the executive generally originate from the executive branch. branch.

Implied Powers of Implied Powers of CongressCongress

• Other Money PowersOther Money Powers• Congress also has the power to pay for Congress also has the power to pay for

government costs. The most common government costs. The most common method for raising funds is through the method for raising funds is through the selling of government securities, called selling of government securities, called bondsbonds. .

• Congress returns the money by Congress returns the money by repaying the buyers with interest at the repaying the buyers with interest at the end of the specified period of time. end of the specified period of time.

Implied Powers of Implied Powers of CongressCongress

• Other Money PowersOther Money Powers• Since 1898 Congress has also had the ability Since 1898 Congress has also had the ability

to make laws on bankruptcy. These laws to make laws on bankruptcy. These laws protect the assets of a person or business protect the assets of a person or business that cannot pay their debts. that cannot pay their debts.

• The Commerce PowerThe Commerce Power• Authorizes Congress to regulate foreign and Authorizes Congress to regulate foreign and

interstate commerceinterstate commerce (trade among states). (trade among states). This provision has been called one the most This provision has been called one the most sweeping powers of the government. sweeping powers of the government.

Implied Powers of Implied Powers of CongressCongress

• Gibbons v. OgdenGibbons v. Ogden• The state of New York granted Aaron The state of New York granted Aaron

Ogden and Robert Fulton exclusive Ogden and Robert Fulton exclusive control over the NY steam boat industry. control over the NY steam boat industry. Thomas Gibbons started a competing Thomas Gibbons started a competing line that took passengers from New York line that took passengers from New York to New Jersey. He had received a federal to New Jersey. He had received a federal permit which overrode the state permit. permit which overrode the state permit. The court ruled that ultimately the The court ruled that ultimately the national government had majority national government had majority control over interstate commerce. control over interstate commerce.

Implied Powers of Implied Powers of CongressCongress

• Foreign Policy PowersForeign Policy Powers• Congress shares power with the Congress shares power with the

president to make foreign and national president to make foreign and national defense policy. This includes:defense policy. This includes:

• approve treaties approve treaties • declare wardeclare war• create and maintain an army/navycreate and maintain an army/navy• make rules governing land and naval make rules governing land and naval

forcesforces• regulate foreign commerce.regulate foreign commerce.

Nonlegislative Powers of Nonlegislative Powers of CongressCongress

• Choosing a President Choosing a President • The Electoral CollegeThe Electoral College votes for a new votes for a new

president. Made up of representatives president. Made up of representatives from each state. from each state.

• Removal PowersRemoval Powers• Gives Congress the power to remove any Gives Congress the power to remove any

federal official from office. A formal federal official from office. A formal accusation of misconduct in office is accusation of misconduct in office is called called impeachmentimpeachment. .

• 2/3 vote2/3 vote

Nonlegislative Powers of Nonlegislative Powers of CongressCongress

• Confirmation PowerConfirmation Power• States that the senate must approve States that the senate must approve

presidential appointment to office presidential appointment to office

• Ratification PowerRatification Power• The senate must also ratify formal treaties with The senate must also ratify formal treaties with

other nations. other nations.

• The Amendment PowerThe Amendment Power• Congress and state legislatives share the power Congress and state legislatives share the power

to propose amendments to the Constitution. to propose amendments to the Constitution.

Created By:Created By:

• ConnerConner• BerkleyBerkley• EmmettEmmett• Jordan Jordan