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Chapter 11: Powers of Congress
Section 1: The Scope of Congressional Power
Main Idea: The Constitution gives Congress certain limited powers. But what truly determines the extent of Congress’s power is how Americans, Congress, and the courts interpret the Framer’s intent.
Congressional Power
Identify and describe the three types of power given to Congress.
Strict Versus Liberal Construction
What do strict constructionists argue?
What do liberal constructionists argue?
Define consensus:
Chapter 11: Powers of Congress
Section 2: The Expressed Powers of Money and Commerce
Main Idea: Congress fulfills a critical role in the American economy through its powers to regulate money and commerce. These powers cover everything from levying taxes, to printing money, to regulating interstate commerce.
The Power to Tax
What is the purpose of taxes?
What are the four limits placed on Congress’s power to tax?
Define indirect tax:
The Commerce Power
What does the commerce clause of the U.S. Constitution state?
Identify Gibbons v. Ogden (1824):
Identify U.S. v. Lopez:
What 4 limitations does the Constitution place on Congress’s use of the commerce clause?
Chapter 11: Powers of Congress
Section 3: Other Expressed Powers
Main Idea: Congress has a broad range of powers that affect our lives, from international relations and war-making to matters like daily mail service.
War Powers
What is the conflict between Congress and the Presidency with regards to war-making powers?
Other Expressed Powers
What other areas are regulated by Congress?
What are the judicial powers of Congress?
Chapter 11: Powers of Congress
Section 4: The Implied Powers
Main Idea: One clause in the Constitution was an early battleground over congressional power and led to the massive expansion of Congress’s power today.
The Necessary and Proper Clause
What does the necessary and proper clause state?
Why is the necessary and proper clause often referred to as the Elastic Clause?
Identify McCulloch v. Maryland (1819):
What are the implied powers given to Congress through their expressed power to regulate commerce? (graphic, pg. 308)
Chapter 11: Powers of Congress
Section 5: The Nonlegislative Powers
Main Idea: Impeachment trials, close elections, far-reaching constitutional change, congressional committee investigations, presidential appointments – Congress has often captured the undivided attention of the American people as it has exercised one of its several non-legislative powers.
Constitutional Amendments
What is Congress’s role in the amendment process?
Electoral Duties
What is the role of the House if no clear winner is chosen in the Electoral College? What is the Senate’s role?
Impeachment
Define impeach:
Describe the impeachment and conviction process?
Executive Powers
Identify and describe the two executive powers exercised by the Senate.
Investigatory Powers
Why may Congress choose to conduct investigations?