POWER OF CONGRESS

Congress Notes 2

Where Congress Gets Power

The Constitution places certain limits on the power of Congress

Congress derives power from the constitution in three different ways: expressed powers, implied powers, inherent powers

There are two different schools of thought in regards to the powers given to congress by the constitution.

Views on the powers of the Constitution

Strict Constructionists: led by Thomas Jefferson, they believed that Congress should be limited to its expressed powers and the implied powers that are absolutely necessary

Liberal Constructionists: led by Alexander Hamilton, they believed that the constitution gave congress a broader scope of national power

Congress’ Changing Powers

A more liberal view of congress’s power is what has led to the power that they enjoy today

Events such as wars, economic crisis and national emergencies have validated congress’s view of their expansive power

Expressed Powers

Much of Congress’s expressed power can be seen in how they use their power and how the courts rule on the constitutionality of their actions

This process is still taking place todayOne of Congress’s primary functions is the

power to taxTaxation is levied for a variety of different

reasons that include: to raise money for the public good, protect domestic industry, and for public safety reasons

Taxation

The power to tax does have its limitsDifferent types of taxation: direct tax,

indirect tax. Direct Tax is a tax on an individual i.e. Income Tax

or property tax Indirect Tax is a tax paid by purchase of a good or

service i.e. when you buy tires, you pay a portion of the taxes the manufacturer paid for various components used in making the tires. The tires price reflects this, more tax on items in the process, the more you pay for the product.

Expressed PowersContinued

Congress also has the power to borrow money on behalf of the country

Commerce Power is Congress’s power to regulate interstate and foreign trade

Congress also has the ability to coin and assign value to money

Expressed PowersContinued

Along with the power to make and assign value to money, congress also makes laws that deal with bankruptcy

When the government determines that a person is not able to pay their debts, bankruptcy proceedings occur and the persons assets are distributed to those who the debt is owed

Expressed PowersContinued

Congress has power over foreign relations in regards to war and the power to regulate foreign trade

Some of congresses other powers consist of the following: naturalization, the postal power, copyrights and patents, weights and measures, power of eminent domain, and judicial powers

The Implied Powers

The Necessary and Proper Clause gives Congress the power to enforce the powers given to them by the constitution

This power has been a point of controversy since its inception

Some feel that the clause is interpreted in to liberal of a fashion and that congress has abused the power that it gives them

No matter what the issue the foundation for using the necessary and proper clause must be found in the expressed powers of congress

Non-legislative Powers

Congress also is charged with responsibilities and powers that do not have to do with making laws

Congress plays a key role in amending the constitution Congress can propose an amendment to the constitution with

a 2/3 vote in both houses The House and The Senate can be called upon to elect the

President and Vice President if neither of the possible candidates receive a majority of the votes

Impeachment: House votes for impeachment, Senate sits as court for hearing

Congress has executive approval on appointments and treaties

Lastly Congress has an investigatory power to oversee the operations and activities of agencies and individuals within the government