Congressional Power

Powers of Congress: 11.1

Congressional Power:

• Remember, Congress has only those powers granted to it by the Constitution.

• Large areas of power are denied to Congress by the Constitution’s silence, and because the Constitution creates a federal system.

• There are many things that Congress cannot do.

(ex):

types of Congressional Powers:

1. Expressed Power-

2. Implied Powers-

ex:

3. Inherent Power-

ex: controlling the nations boarders, acquire new territories.

Strict vs. Liberal Construction:

• Recall the argument over ratification of the Constitution.

• Much of the argument between the Federalist and Anti-federalist centered on the powers of Congress.

• Strict Constructivist-

-They wanted State to maintain as much power as possible.

· Liberal Constructionist-

• Since the beginning of our republic, the U.S. has followed this view, and continues to today.

• The Supreme Court as followed this view when ruling on issues involving national government powers.

Expressed Powers of Money and Commerce: 11.2

• Power to Tax:

The Purpose of Taxes:

-

-The government sometimes imposes taxes for other reasons.

1. Raise money:

2. Protection:

-

Principles of Taxation:

• The various levels of government use different major taxes to raise revenue.

•

1. benefits-received:

-ex:

2. ability-to-pay:

- ex:

-other examples: excise tax used to protect the public health and safety.

Limits on the Power to Tax:

1.

2.

3.

4.

Direct vs. Indirect Taxes:

• Direct taxes

• Indirect taxes

(ex):