The Theory & Practice of Government Power

Module 3.3: Powers of Congress

Lesson Objectives

• Identify the powers of Congress outlined in the Constitution

• Identify the Constitutional limits against Congress

• Explain why the powers of Congress are a concern for citizens.

Why be concerned about Congressional Power?

• Relative to its government, the US Congress is the world’s most powerful

• All federal policy results from congressional action

• Remember the character of representatives– Provincial – Ambitious – Factious

Question #1

• Federal policy begins witha) an executive order

b) a court decision

c) congressional action

d) all of the above

Constitutional Basis for Congressional Power

• Express Powers– Article 1 Section 8, clauses 1-17

• Implied Powers– Article 1 Section 8, Clause 18

• A.k.a. the “elastic clause”

To Lay and collect taxes, duties, & imposts, pay the debts and provide for the common defense and general welfare of the United States

The Congress shall have power:

To borrow money on the credit of the United States

To regulate commerce with foreign nations, and among the several states, and with the Indian tribes

Question #2

• Where are the enumerated powers of Congress found?

a) Article 1 section 10 of the US Constitution

b) Article 1 section 9 of the US Constitution

c) Article 1 section 8 of the Constitution

d) Amendments 1-8 of the US Constitution

The Congress shall have power…

• To establish an uniform rule of Naturalization and uniform Laws of the subject of Bankruptcies throughout the United States

• To coin Money, regulate the value thereof, and of foreign coin, and fix the standard of weights and measures

• To provide for the punishment of counterfeiting the securities and current coin of the United States

More Express Powers…

• To establish post offices and post roads

• To promote the Progress of Science and the Useful Arts by securing for limited times to Authors and Inventors the exclusive Right to their respective writings and Discoveries

Question #3

• Distance markers on highways are established by an act of Congress and measure

a) distances to a city’s main post office

b) distances to a city’s federal building

c) distances to a city limit

d) distances to a city hall

Even More Express Powers of Congress

• To constitute tribunals inferior to the supreme Court

• To define and Punish Piracies and Felonies committed on the High Seas, and Offences against the Law of Nations

Question #4

• Which of the following best describes the power of Congress over federal courts?

a) Congress may determine the jurisdiction of the Supreme Court

b) Congress may establish courts inferior to the Supreme Court

c) Congress has no power over federal courts

d) Congress may establish state courts

Still more powers of Congress

• To Declare War, Grant letters of Marque and Reprisal, and to make Rules concerning Captures on Land and Water

• To Raise and Support Armies– Two year appropriation limit

• To provide and maintain a Navy– No two year appropriation limit

• To make rules for the government and Regulation of the Land and Naval Forces

Question #5

Which of the following is true of the Congressional power to raise and support the armed forces?

a) Armies and the navy are supported continuously as standing forces

b) The navy may be a standing force through permanent appropriation while a 2-year appropriations limit is placed on armies

c) Armies may be standing forces through permanent appropriation while a 2-year appropriations limit is placed on the navy

d) All armed forces are limited by a 2-year appropriations limit

Even More Powers of Congress

• To provide for calling forth the Militia – to execute the laws of the

Union– Suppress insurrections– Repel invasions

• To provide for organizing, arming, and disciplining the Militia, and for governing such Part of them as may be employed in the Service of the United States

One More Express Power

• To exercise Exclusive legislation in all cases whatsoever, over such district (not exceeding ten miles square) as may, by cession of particular states, and the acceptance of Congress, become the seat of Government of the United States

Question #6

• Which of the following are powers of Congress?

a. Regulate interstate commerce

b. Establish a uniform bankruptcy code

c. Coin money and regulate its value

d. All of the above

Now the Implied Powers…

• To make all laws which shall be necessary and proper for carrying into execution the foregoing powers, and all other powers vested by this Constitution in the Government of the United States, or in any Department or Officer thereof.

What does this mean?

Question #7

• Which amendment to the Constitution expanded the Congressional power to tax?

a. Amendment 18

b. Amendment 16

c. Amendment 14

d. Amendment 12

Question #8

• Which provisions in the US Constitution explain the expansion of Congressional power in the last century?

a. the commerce clause and the elastic clause

b. the elastic clause and the 14th Amendment

c. the commerce clause and the 14th Amendment

d. the elastic clause and the ‘necessary and proper’ clause

Limits of Congressional Power

• Article 1 Section 9

• Amendments 1-3

• Amendments 15,19,24,26

• Amendment 27

Question #9

• Which of the following is denied to Congress?

a. retroactive criminal statutes

b. the franking privilege

c. variance in compensation

d. declarations of war

Question #10

What is a bill of attainder and when can Congress issue one?

a. a bill of attainder declares an individual an enemy and Congress can issue one on declaration of war.

b. a bill of attainder appropriates emergency funding and Congress can issue one on declaration of war.

c. a bill of attainder appropriates emergency funding and Congress can only issue one at the President’s request.

d. a bill of attainder declares an individual an enemy and Congress can never issue one.

Question #11• Which limitation against Congress do you

think is the most important?a) Against bills of attainder and ex post facto

laws

b) Against drawing money from the treasury except through appropriations

c) Against granting titles of nobility

d) Against voting themselves an immediate pay raise

e) Against establishing a preferred port