Constitutional Powers
Chapter 6, Section 1
Constitutional Provisions
• Expressed powers, or enumerated powers –
the legislative powers of Congress in Article I,
Section 8, Clauses 1-18.
• Necessary and Proper Clause – implies that
Congress has powers beyond those in the first
17 clauses, called the implied powers.
Listed Powers of Congress
• Money Powers
• Lay and collect taxes – provide for the defense and
general welfare (Clause 1)
• Borrow money (Clause 2)
• Establish bankruptcy laws (Clause 4)
• Coin, print, and regulate money (Clause 5)
• Punish counterfeiters of American currency (Clause 6)
• Commerce Powers
• Regulate foreign and interstate commerce
Listed Powers of Congress
• Military and Foreign Policy Powers
• Declare war (Clause 11)
• Raise, support, and regulate an army and navy
(Clauses 12, 13, and 14)
• Provide, regulate, and call into service a militia
known as the National Guard (Clauses 15 and 16)
• Punish acts committed on international waters and
against the laws of nations (Clause 10)
Listed Powers of Congress
• Other Legislative Powers
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Establish laws of naturalization (Clause 4)
Establish post offices and post roads (Clause 7)
Grant copyrights and patents (Clause 8)
Create lower federal courts (Clause 17)
Govern Washington, D.C. (Clause 17)
Provide for laws necessary and proper for carrying
out all other listed powers (Clause 18)
Implied Powers of Congress
• Money Powers
• Support public schools, welfare programs, public housing, etc.
• Maintain the Federal Reserve Board.
• Commerce Powers
• Prohibit discrimination in restaurants, hotels, and other public
accommodations.
Implied Powers of Congress
• Military and Foreign Policy Powers
• Draft people into armed services.
• Other Legislative Powers
• Limit the number of immigrants to the United States.
• Appropriations bills
• Laws proposed to authorize spending; not spelled
out in the Constitution. These generally originate
from the executive branch.
Implied Powers of Congress
• Other Money Powers
• Congress also has the power to pay for government
costs. The most common method for raising funds is
through the selling of government securities, called
bonds.
• Congress returns the money by repaying the buyers
with interest at the end of the specified period of
time.
Implied Powers of Congress
• Other Money Powers
• Since 1898 Congress has also had the ability to make
laws on bankruptcy. These laws protect the assets of
a person or business that cannot pay their debts.
• The Commerce Power
• Authorizes Congress to regulate foreign and
interstate commerce (trade among states). This
provision has been called one the most sweeping
powers of the government.
Implied Powers of Congress
• Gibbons v. Ogden
• The state of New York granted Aaron Ogden and
Robert Fulton exclusive control over the NY steam
boat industry. Thomas Gibbons started a competing
line that took passengers from New York to New
Jersey. He had received a federal permit which
overrode the state permit. The court ruled that
ultimately the national government had majority
control over interstate commerce.
Implied Powers of Congress
• Foreign Policy Powers
• Congress shares power with the president to make
foreign and national defense policy. This includes:
• approve treaties
• declare war
• create and maintain an army/navy
• make rules governing land and naval forces
• regulate foreign commerce.
Nonlegislative Powers of Congress
• Choosing a President
• The Electoral College votes for a new president.
Made up of representatives from each state.
• Removal Powers
• Gives Congress the power to remove any federal
official from office. A formal accusation of
misconduct in office is called impeachment.
• 2/3 vote
Nonlegislative Powers of Congress
• Confirmation Power
• States that the senate must approve presidential appointment to
office
• Ratification Power
• The senate must also ratify formal treaties with other nations.
• The Amendment Power
• Congress and state legislatives share the power to propose
amendments to the Constitution.
Created By:
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Conner
Berkley
Emmett
Jordan