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Name:_________________________________ Period:_____ Date:___________ Topic 4 Lesson 3 Notes: Types of Congressional Powers  Delegated Powers o Congress has only those powers delegated (granted, given) to it by the Constitution o (1) explicitly, in its specific wording—the expressed powers; o (2) by reasonable deduction from the expressed powers—the implied powers; o (3) by creating a national government for the United States—the inherent powers.  Expressed Powers o Most, but not all, of the expressed powers of Congress are found in Article I, Section 8 of the Constitution. o There, in 18 separate clauses, 27 different powers are explicitly given to Congress. o their meaning is found in the ways in which Congress has exercised its powers since 1789, and in scores of Supreme Court cases The Commerce Power  Commerce Power: exclusive power of Congress to regulate interstate and foreign trade  Gibbons v. Ogden, 1824 o The case arose out of a clash over the regulation of steamboats by the State of New York and the Federal Government. o In 1807, Robert Fulton’s steamboat, the Clermont, had made its first successful run up the Hudson River, from New York City to Albany. o The State legislature then gave Fulton an exclusive, long-term grant to navigate the waters of the State by steamboat. o Fulton’s monopoly then gave Aaron Ogden a permit for steamboat navigation between New York City and New Jersey. o Thomas Gibbons, operating with a coasting license from the Federal Government, began to carry passengers on a competing line. o Ogden sued, and the New York courts ruled in his favor, holding that Gibbons could not sail by steam in New York waters. o Gibbons appealed that ruling to the Supreme Court. He claimed that the New York grant conflicted with the congressional power to regulate interstate commerce. The Court agreed. o Freed from restrictive State regulation, many new steamboat companies came into existence.  Limits on the Commerce Power o Supreme Court struck down the Gun-Free School Zone Act of 1990 in United States v. Lopez, 1995.

Name:_________________________________ Period:_____ Date:___________ o That act had made it a federal crime for anyone other than a police officer to possess a firearm in or around a school. o The Court could find no useful connection between interstate commerce and guns at school. o It held that Congress had in this case invaded the reserved powers of the States. o The Constitution declares that Congress  1. cannot tax exports (Article I, Section 9, Clause 5);  2. cannot favor the ports of one State over those of any other in the regulation of trade (Article I, Section 9, Clause 6);  3. cannot require that “Vessels bound to, or from, one State be obliged to enter, clear, or pay Duties in another” (Article I, Section 9, Clause 6); and finally,  4. could not interfere with the slave trade until at least the year 1808 (Article I, Section 9, Clause 1). The Money Powers  The Power to tax o To lay and collect Taxes, Duties, Imposts and Excises, to pay the Debts and provide for the common Defense and general Welfare of the United States— Article I, Section 8, Clause 1 o The government was impotent, and the lack of a power to tax was a leading cause for the creation of the Constitution.  The Purpose of Taxes o A tax is a charge levied by government on persons or property to raise money to meet public needs. o The protective tariff: Although it does bring in some revenue every year, its real goal is to “protect” domestic industry against foreign competition by increasing the cost of imported goods. o Taxes are also sometimes levied to protect the public health and safety. The Federal Government’s regulation of narcotics is a case in point.  Limits on the Taxing power o Taxing power must be used in accord with all other provisions of the Constitution. Thus, Congress cannot lay a tax on church services o More specifically, the Constitution places four explicit limitations on the congressional power to tax:  Congress may tax only for public purposes, not for private benefit.  Congress may not tax exports.  Direct taxes must be apportioned among the States, according to their populations:  A direct tax is one that must be paid directly to the government by the person on whom it is imposed

Name:_________________________________ Period:_____ Date:___________ o Patent: a license issued to an inventor granting the exclusive right to manufacture, use, or sell his or her invention for a limited period of time o A patent is good for up to twenty years. o The term of a patent may be extended only by a special act of Congress.  Postal Powers o Article I, Section 8, Clause 7 gives Congress the power “[t]o establish Post Offices and Post roads”—in effect, the power to provide for the carrying of the mail. o “Post roads” are all postal routes, including rail lines, airways, and waters within the United States, during the time mail is being carried on them. o The first post office in America was established in Boston o Congress has established a number of crimes based on the postal power. o It is, for example, a federal crime for anyone to obstruct the mails or to use the mails to commit any criminal act. It has also prohibited the mailing of many items  Territories and other Areas o the Constitution delegates to Congress the power to acquire, manage, and dispose of various federal areas. o That power relates to the District of Columbia and to the several federal territories,  parts of the United States that are not admitted as States and that have their own systems of government, including Puerto Rico, Guam, and the Virgin Islands o The Federal Government may acquire property by purchase or gift. It may also do so through the exercise of the power of eminent domain, o Eminent Domain: the power of a government to take private property for public use o Private property may be taken by eminent domain only  (1) for a public use,  (2) with proper notice to the owner,  (3) for a fair price.  Weights and Measures o The power reflects the absolute need for accurate, uniform gauges of time, distance, area, weight, volume, and the like. o In 1866, Congress also legalized the use of the metric system of gram, meter, kilometer, liter, and so on.  Naturalization o Citizens of one country become citizens of another through a process called naturalization.  Judicial Powers o the power to create all of the federal courts below the Supreme Court o Congress also has the power to define federal crimes and set the punishments that may be imposed on those who violate federal law.

Name:_________________________________ Period:_____ Date:___________ o The Constitution mentions only four offenses. counterfeiting, piracies and felonies committed on the high seas, offenses against international law, and Treason Congress and Foreign Policy  The Constitution gives the President primary responsibility for the conduct of American foreign policy.  Constitution does give Congress a significant place in the field of foreign affairs o 1) from a number of the expressed powers, most especially the spending, the commerce, and the war powers o (2) from the fact that the United States is a sovereign state in the world community. War Powers  Only Congress can declare war.  It alone has the power to raise and support armies, to provide and maintain a navy, and to make rules for the governing of the nation’s military forces. Congress also has the power to provide for “calling forth the Militia” (today, the National Guard), and for the organizing, arming, and disciplining of that force.  War powers resolution o That law provides that the chief executive can commit American military forces to combat abroad only  (1) if Congress has declared war  (2) when Congress has specifically authorized a military action  (3) when an attack on the United States or any of its armed forces has occurred. o If troops are ordered into combat in the third circumstance, the President is directed to report that fact to Congress within 48 hours. o Any such commitment of military forces must end within 60 days, unless Congress agrees to a longer involvement.