C H A P T E R 11
Powers of Congress

SECTION 1The Scope of Congressional Powers

SECTION 2The Expressed Powers of Money and Commerce

SECTION 3Other Expressed Powers

SECTION 4The Implied Powers

SECTION 5The Nonlegislative Powers

Section 1

1. Congressional Power

(1) The ______are granted to Congress explicitly in the ______.

(2) The ______are granted by ______from the expressed powers.

(3) The ______are granted through the Constitution’s creation of a ______for the United States.

2. Strict Versus Liberal Construction

•______,led by Thomas Jefferson, argued that Congress should only be able to exercise (1) ______and (2) those implied powers ______

______those expressed powers.

•______, led by Alexander Hamilton, favored a ______

______ of the Constitution, a broad interpretation of the powers given to______.

Section 1 Review

1. The Constitution grants all of the following powers to Congress EXCEPT

(a) the expressed powers.

(b) the inherent powers.

(c) the monarchical powers.

(d) the reserved powers.

2. Strict constructionists favored Congress exercising

(a) only the expressed powers and those implied powers necessary to carry out

the expressed powers.

(b) unlimited power.

(c) only the powers granted to it by State constitutions.

(d) powers granted to Congress through acts of the President.

Chapter 11 Section 2

  1. The Power To Tax
  • The ______gives Congress the ______:

“To lay and collect ______, ______, ______and ______, to pay the ______and provide for the common ______and general ______of the United States.…”

—Article I, Section 8, Clause 1

  1. Limits on the Taxing Power
  2. A ______is a charge levied by ______on persons or property to meet ______.
  3. The Constitution places four ______on Congress’s power to tax:

1.______

2.______

3.______

4.______

  1. Federal Spending
  2. The Borrowing Power
  3. Article I, Section ___, Clause ____ gives Congress the power “[t]o ______Money on the ______of the United States.”

______ is the practice of spending more money than received in ______and borrowing to make up the ______.

  • The ______ is all of the money ______by the ______over the years and not yet repaid, plus the accumulated ______on that money.
  1. The Commerce Power
  2. The ______—the power of Congress to regulate interstate and foreign trade—is granted in the ______of the Constitution.
  3. The ______places four limits on ______use of the commerce power:

1.______

2.______

3.______

4.______

  1. The Currency and Bankruptcy Powers

The Currency Power

•Article I, Section ___, Clause ___ gives Congress the power “[t]o coin ______[and] regulate the value thereof.”

•Legal tender is any kind of ______that a creditor must by law accept in ______for debts.

The Bankruptcy power

•Article I, Section ___, Clause ___ gives Congress the power “[t]o ______…uniform ______on the subject of ______throughout the United States.”

•Bankruptcy is the legal ______in which the ______person’s assets are distributed ______those to whom a ______is owed.

Section 2 Review

1. Which of the following is a limit on Congress’s power to tax?

2. The commerce power gives Congress the right to

S E C T I O N 3

  1. Foreign Relations and War Powers
  2. ______has the ______power to act on matters affecting the ______of the nation.
  3. Congress’s war ______are extensive and ______, including: the power to raise and support ______, to provide and maintain a ______, and to organize, arm, and discipline the ______.
  4. Congress also has the power to ______the use of American ______in combat in areas where a state of ______does not exist (War Powers Resolution of 1973).
  1. Other Expressed Powers
  • Naturalization
  • ______is the process by which citizens of ___ country become citizens of ______.
  • The Postal Power
  • Article ___, Section ___, Clause ___ says that Congress has the power “[t]o ______Post Offices and post ______.”
  • Copyrights and Patents
  • A ______ is the exclusive right of an author to ______, publish, and ______his or her creative ______.
  • A ______ grants a person the sole ______to manufacture, use, or ______“any new and useful ______, machine, manufacture, or ______of matter.”
  1. More Expressed Powers
  • Weights and Measures
  • Congress has the power to “______the Standard of ______and ______” throughout the United States.
  • Judicial Powers
  • ______may create all of the federal courts ______the ______and structure the ______judiciary.
  • Congress may also define ______crimes and set ______for violators of ______.
  • PowerOverTerritories and Other Areas
  • ______has the power to ______, manage, and ______of various ______.
  • One way of ______property is through ______domain, the inherent power to take ______property for ______use.
  1. Article I, Section 8

Section 3 Review

1. The process by which a citizen of one country becomes a citizen of another is known as

(a) acquisition.

(b) copyright law.

(c) eminent domain.

(d) naturalization.

2. All of the following are part of Congress’s war powers EXCEPT

(a) the power to provide and maintain a navy.

(b) the power to raise and support armies.

(c) the power of eminent domain.

(d) the power to discipline the military.

S E C T I O N 4

  1. The Necessary and Proper Clause
  2. The ______and ______gives to Congress the ______:

“To make all ______which shall be necessary and proper for carrying into ______the foregoing ______and all other ______vested by this ______in the ______of the United States, or in any Department or Officer thereof.”

—Article I, Section 8, Clause 18

  1. The Battle Over Implied Powers
  • The ______of the Bank of the United States______controversy between strict and liberal ______.
  • In ______, the formation of the ______Bank of the United States was challenged by strict ______.
  • ______ruled in favor of the Second Bank, giving ______approval to the concept of ______powers.
  • The Implied Powers of Congress

Section 4 Review

1. The basis for the implied powers of Congress is found in

(a) the Necessary and Proper Clause.

(b) the Implied Clause.

(c) the Articles of Confederation.

(d) the Supremacy Clause.

2. The Supreme Court upheld the idea of implied powers in its ruling in

(a) Marbury v. Madison, 1803.

(b) Dred Scott v. Sandford, 1857.

(c) McCulloch v. Maryland, 1819.

(d) Ex parte Milligan, 1866.

S E C T I O N 5

  1. Constitutional Amendments and Electoral Duties

•Constitutional Amendments

•Article V gives ______the power to propose amendments by a ______vote in each house.

•Electoral Duties

•In certain ______, the Constitution gives Congress special ______duties.

•If no ______for President receives a majority in the electoral college, the ______decides the election.

•If no candidate for ______receives a majority in the electoral college, the ______decides the election.

•Also, if the ______is vacated, the President selects a ______, who faces congressional approval by a majority vote in both houses.

  1. Impeachment Power

•The ______grants ______the power of removing the ______, Vice President, or other ______officers from their office through impeachment.

•The House has the sole power to ______, or bring charges against the individual.

•There is then a trial in the Senate. A ______vote of the ______present is needed for conviction.

•The ______for conviction is removal from ______.

  1. Executive Powers

•Appointments

•All major ______made by the President must be confirmed by the ______by majority ______.

•Only 12 of 600 Cabinet ______to date have been ______.

•“Senatorial ______” is the practice in which the ______will turn down an ______if it is opposed by a ______-- of the President’s party from the State ______.

•Treaties

•The President makes treaties “by and with the ______and Consent of the Senate,... ______two thirds of the ______present ______.”

•Presently, the ______often consults ______of the ______Foreign Relations ______.

  1. Investigatory Power

Section 5 Review

1. All of the following are nonlegislative powers of Congress EXCEPT

(a) selecting the President if no candidate receives a majority in the electoral college.

(b) nominating Cabinet positions and Supreme Court justices.

(c) approving executive branch appointments.

(d) proposing amendments to the Constitution.

2. Which of the following series of events is correct for the impeachment of a government official?

(a) The Supreme Court holds hearings, the House votes to impeach, a trial is held in the Senate.

(b) The Senate holds hearings, the Senate votes to impeach, a trial is held in the House.

(c) The House holds hearings, the House votes to impeach, a trial is held in the Senate.

(d) none of the above.