1. Government
Chapter 11 Notes

2. Congressional Power
• Expressed Power
-Granted to Congress
specifically in the
Constitution

3. • Implied Powers
Are granted by reasonable
deduction from the expressed
powers through the Elastic
Clause

4. Strict Construction
Leader- 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

5. 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

6. Legislative Powers
• Expressed Power
– Most are found in Article 1:
Section 8
– 18 separate clauses
– 27 different powers explicitly given
to Congress

7. Money Powers
•Coin money and regulate it’s
value
•Taxes
•Borrow money (no limit)
•bankruptcy

8. Commerce Powers
Regulate
interstate and
foreign commerce

9. Foreign Relations Powers
Act on Matters
affecting the security
of the nation

10. War Powers
•Declare War
•Raise, support, and
regulate an
army
•Pull out Troops

11. Other Expressed Powers
•Naturalization
•Postal Power
•Copyrights
•Weights and measures
•Eminent Domain
•Establish Courts
•Define crimes and set
punishments
•Acquire territories

12. Implied Powers
• Article I Section 8 Clause 18
Necessary 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

13. 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

14. The expressed power to
regulate commerce implies
•Establish minimum wage
•Ban discrimination in workplace
and public facilities
•Pass laws protecting the
disabled
•Regulate banking

15. The expressed Foreign
Relations Powers
• Patriot Act

16. The expressed War Powers
imply
• Draft

17. Other expressed powers imply
• Regulation of immigration
• Prohibits mail fraud and obstruction of
the mail
• Bars shipping of certain items

18. 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

19. 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.

20. 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

21. Impeachment
• House has sole power to
impeach- bring charges
• Senate holds the impeachment
trial
• 2/3 vote to convict
• Penalty if removal from office

22. Investigatory Powers
Reason 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