Lecture 11 - Powers of Congress

Section 1 The Scope of Congressional Powers (pp. 259–261)

• The Constitution grants to Congress a number of powers but also places strict limits on what it can and cannot do.
• The extent of the powers granted to Congress has long been an area of debate.
• Thomas Jefferson and Alexander Hamilton led the early debates between Jefferson’s strict constructionists and Hamilton’s liberal constructionists.
• The liberal constructionists won the early battle and that trend has continued to be supported by Congress, Presidents, the courts, and the American people.

• The Constitution grants to Congress a large number of specific powers, also known as expressed powers.
• The expressed powers are brief and broad, and their full meanings have evolved over time, with Congress and the courts generally interpreting them broadly.
• A partial list of the Congress’ constitutional powers includes the powers to:
  1. tax
  2. regulate commerce
  3. coin and borrow money
  4. create laws on bankruptcy
  5. naturalize citizens
  6. create a postal system
  7. govern copyrights and patents.
• The ability of Congress to regulate commerce and to tax have been key to the growth of the nation.

• In addition to those powers mentioned in the Constitution, Congress has the power to make laws “necessary and proper” to execute any of its expressed powers.
• The Necessary and Proper Clause is the basis for the implied powers, whose extent has been long debated.
• A key moment in the debate occurred in 1819, when the Supreme Court decided McCulloch v. Maryland, with the Court embracing the broad view.

Section 4 The Nonlegislative Powers (pp. 275–277)
• Congress has many nonlegislative functions which include its key role in amending the Constitution.
• In certain unusual circumstances the House may be called upon to select a President and the Senate to choose a Vice President.
• The House has the power to impeach federal officers, and the Senate to try them. The Senate also has the power to confirm or reject major appointments or treaties made by the President.
• Each house also has a broad power of investigation.