1. Scope of
Power
POWERS OF Expressed
Powers
CONGRESS Implied
Powers
Non-
legislative
Powers

2. THE FIRST DEBATE
 https://www.youtube.com/watch?v=7faOy5PcJ2c

3. STRICT CONSTRUCTIONISTS
 Government is bound by the letter
of the Constitution
 Expressed Powers
 Anti-Federalists (Democratic -
Republicans)
 Jef ferson: “the government is best
which governs least.”
 What did the Jef fersonians want
the government to do?

4. LIBERAL CONSTRUCTIONISTS
 Government must rise to meet the
needs of a growing nation.
 Elastic Clause
 Federalists
 Hamilton: the country needs “an
energetic government.”
 Which argument wins out?
 What factors led to the growth of
government power?

5. EXPRESSED POWERS
 Article I, Sec. 8
 27 specific powers
 Much left open to
interpretation

6. POWER TO TAX
 What historical events made this power one of the most
important given to Congress?
 h t t p s :/ / w ww.yo ut ub e . c o m/ wa t c h ? v = Z uh Y RZ R f TuY
 ( C a p i t al G a i n s Ta x e s )

7. WHY DO WE HAVE TAXES?
 Tax:
 Aside from raising revenue, what other
reasons are taxes levied?
Oliver Wendell Holmes Jr., Su preme Cour t
Justice: “ Taxes are t he price we pay for a
civilized society.”

8. LIMITS ON THE POWER TO TAX
 Only for public purposes
 Cannot tax exports – Why not?
 Limits on direct taxes
 Indirect taxes must be uniform

9. WHERE DO THE TAXES COME FROM?

10. WHERE DO OUR TAXES GO?

12. BORROWING POWER
 No limits on how much or for what
purpose
The Debt Ceiling
 Statutor y limit on the public debt
 Can be raised by Congress when
needed
 Has been raised 68 times since
1960
 Why did the ceiling become a
political issue?
 https://www.youtube.com/watch?v=lzcCoyJBMSU
(Debt ceiling Reuters)

15. DEFICIT FINANCING
 What is it?
 Common-place for decades – How did our country begin?
 1931-1998 (all but 7 years)
 Budge surplus 98-2001 – Why?
 What events have led back to deficit financing?
http://www.youtube.com/watch?v=3ugDU2qNcyg
(John Green Debt Limit)
http://www.usdebtcloc k .org /

16. COMMERCE POWER
 Regulate inter state & foreign trade
Gibbons v. Ogden, 1 824
 SC interpreting the Commerce
Clause broadly
 “Commerce” is more than just
buying & selling of goods
 Used to prohibit racial
discrimination in the 1960s
 The Commerce Clause is arguably
the most impor tant par t of the
Constitution. Why?
 https://www.youtube.com/watch?v=8iIlVrzvCH8

17. OTHER EXPRESSED POWERS
Currency Power
 Provides a uniform, stable monetary system
Bankruptcy Power
 Sets the requirements for declaring bankruptcy
Foreign Relations Power
 Shared with the President
 States cannot act on matters of security
War Powers
 Only Congress may declare war
 Raise & support armies
 This power not what it used to be – Why?
http://www.youtube.com/watch?v=hiCilTzhXrA Michael Scott

18. OTHER EXPRESSED POWERS
Postal Power
 Is the post of fice Constitutionally mandated? (Article 1 , Sec.
8, Clause 7)
Copyrights & Patents
 Protecting intellectual property – Relevant today?

19. IMPLIED POWERS:
HOW CONGRESS GETS IT DONE
Elastic Clause – Article I, Sec. 8, Clause 18
“ Tomake all Laws which shall be necessary
and proper for carrying into Execution the
foregoing Powers and all other Powers
bested by this Constitution in the
Government of the United States, or in any
Department or Officer thereof.”
 What does this mean?
http:// www.youtube.c om/watc h?v= mSC0JAK2V88 (5 0 sec )

20. BANK OF THE UNITED STATES
 Hamilton urged its creation
 Jef ferson feared its creation
 Did Congress have the power?
 h t t p s : / / w w w . y o u t u b e . c o m / w a t c h ? v = V y 7 FJ J _ u d 8 4

21. MCCULLOCH V. MARYLAND, 1819
 States cannot tax the Federal
government
 No expressed powers needed
to create a bank
 Congress has the power to
carry out the expressed powers
 https://www.youtube.com/watch?v=8iIlVrzvCH8
Chief Justice John Marshall paved the
way for an expansion of federal power.

22. NON-LEGISLATIVE POWERS
Proposing Amendments
Electoral Duties
Impeachment
Executive Powers
Investigatory Powers

23. IMPEACHMENT
 To accuse of high crimes or misdemeanors
 Who can be impeached?
 Which body impeaches? (majority needed)
 Which body tries?
 Who presides?
 17 impeachments & 7 removals from of fice (federal judges)
 Which two presidents have been impeached?

24. ANDREW JOHNSON
 Clashed with Radical Republicans
in Congress
 Violated the Tenure of Of fice Act
of 1867
 One vote short of conviction

25. BILL CLINTON
 Charges stem from an
“inappropriate relationship” with
an intern
 Charged with Perjury &
Obstruction of Justice
 Senate fails to convict by wide
margin
 Clinton’s popularity increases as
a result
 http:// www.youtube.c om/watc h?v= ClfpG2 -1Bv4
(Clinton grand jur y testimony)

26. RICHARD NIXON
 Resigned 1974
 Watergate – break in at Dem
headquarters
 Bribery, perjury, tax fraud, illegal
campaign contributions, use of FBI &
CIA against enemies
 Obstruction of Justice, Abuse of
Power, Failure to respond to
Subpoena
 Resigns in face of certain removal
 Most serious abuse of presidential
power ever

27. EXECUTIVE POWERS
- All appointees must be confirmed by majority vote in Senate
- Which positions need Senate confirmation?
- In what ways has this process become politicized?

28. INVESTIGATORY POWER
 On what issues has Congress held hearings?
Why are hearings held?
 Gather information
 Oversee Executive Branch agencies
 Focus public attention
 Expose questionable acts
 Promote interests of members of Congress

29. TRUMAN COMMITTEE
As Senator, Harry Truman led an investigation to uncover
fraud and corruption in army contracts during WW II.
Saved $10-15 billion.

30. ARMY - MCCARTHY HEARINGS
Wisconsin Senator
Joe McCar thy held
hearings to
investigate his
claim of Communist
infiltration in the
army. (Netflix – The
Congress)

31. WATERGATE HEARINGS
The House
Judiciar y
committee
investigated
the Nixon
White House
and its role in
Watergate.