The Powers of Congress

(An outline to lecture and a study guide to academic greatness)

INHERENT POWER of Congress
Congress has the power to write/make laws
General Stuff about the Powers of Congress
Understand the vocab:
  • Expressed Powers:
  • Implied Powers:
  • Necessary and Proper Clause (Elastic Clause – Art. 1, Sec 8, Clause 18):
  • Strict Construction:
  • Loose/Liberal Construction:
Court Case: McCulloch v Maryland
  • Briefly…What was it about?
  • Why is it important to understanding the powers of Congress?

Powers denied to Congress
  • Powers denied Congress/government by the Slave and Commerce Compromise(Art. 1, Sec. 9, Clause 5)
  • Art. 1, Sec. 9, Clause 4 puts what restriction on the Congress’ power to tax?
  • What does the 16th Amendment say? Why is this needed to overcome the restriction you found above?
  • The following are denied Congress by Art. 1, Sec. 9, Clauses 2 and 3. What are they?
  • Bill of Attainder
  • Ex Post Facto Law
  • habeas corpus rights
  • What power is denied Congress by Art. 1, Sec. 9, Clause 6?

Powers of Taxation (the “power of the purse”)
  • Revenue Bills:
  • Appropriations bills:
  • Progressive Taxation:
  • Examples of Progressive Taxes:
  • Arguments for more progressive tax system:
  • Arguments against progressive tax system:
  • Regressive Taxation:
  • Examples of Regressive Taxes:
  • Arguments for more regressive tax system:
  • Arguments against regressive tax system:
  • Non-revenue uses of the power to tax?
  • Sin Tax:
  • Why are sin taxes often more acceptable to voters?
  • Social engineering (Tobacco, liquor, etc, home loans, etc.)

Commerce Power
  • Art. 1, Sec 8, Clause 2, 5, and 6 give the Congress the power to …
  • What is the Constitutional limit on how much the government can borrow?
  • The Congress/government borrows money through the sale of ______.
  • What does Art. 1, Sec. 8, Clause 3 say about the areas of commerce the Congress has the power to regulate?
  • What is the importance of Gibbons v Ogden to defining the Congress’ Commerce power?
  • What is the importance ofHeart of Atlanta Hotel v United States to defining the scope of Congress’
Commerce power?
Foreign Policy
  • In general, Art. 1, Sec 8, Clauses 10-16 give Congress the power to do what?
  • Congress has the power to ______treaties:
  • Implications of the 2/3 “super-majority”:
  • War Powers Resolution of 1973
  • Reason for its creation:
  • What does it do?
1)
2)
3)
  • Constitutionality?

Confirmation and Removal Powers
  • What is meant by Congress’ Confirmation Power?
  • Most handled through “senatorial courtesy”
  • Removal Power (If the Senate is required to approve of appointments, should Senate approval be required if the president wants to get rid of someone?)
  • Yes
  • No
  • Supreme Court:

The Grab-bag of Other Powers
  • Congress has the power to set naturalization standards. What does this mean? (Art. 1, Sec 8, Clause 4)
  • Birthright citizenship?
  • Define - Copyright
  • Define - Patent
  • What power is given to Congress in…
  • Art. 1, Sec 8, Clause 7:
  • Art. 1, Sec 8, Clause 9:
  • Territorial Power
  • Eminent Domain
  • Kelo v New London