Implied and Nonlegislative Powers Review of Powers Expressed

Implied and Nonlegislative Powers

Review of Powers • Expressed: Specifically written in the Constitution – also called enumerated powers • Implied: Congress is allowed to use these powers to carry out the expressed powers. • Reserved: Powers given to the States like holding elections or issuing marriage licenses. • Concurrent: Powers shared by both the national and State governments like taxing. • Inherent: Powers a government has just because it is a sovereign nation.

Necessary and Proper Clause or Elastic Clause v. Necessary and Proper Clause – Article I, Section 8, Clause 18 v. Important to carry out expressed powers v. Examples: v. To regulate commerce (expressed) v. Establish minimum wage v. Ban discrimination v. Protect the disabled v. Regulate banking

Strict and Liberal Constructionism v To stretch or not to stretch? v Strict Constructionism (belief that the government should do just what was expressed in the Constitution v Liberal Constructionism (Belief in a looser interpretation of the Constitution. Government should be able to do anything that is necessary to carry out taxing, borrowing, commerce, and currency powers )

Non-legislative Powers

Propose Amendments • Article V allows either Congress to propose amendments or 2/3’s of the State legislatures (never been done) • Must be ratified by 3/4 ths of the State legislatures or conventions of 3/4 ths of the States must agree

Electoral Duties v. If no candidate received a majority of the electoral vote the House of Representatives can decide the election v. In 1801 Thomas Jefferson v. In 1825 John Quincy Adams v 1877 – There was a dispute about legality of votes between Tilden and Hayes. Congress decided for Hayes.

Impeachment v. The House of Representatives has the sole power of impeachment which requires a majority vote (they decide if there is enough evidence to try a president or federal judge) (Done twice – Andrew Johnson and Bill Clinton) v. The Senate tries the federal official on the impeachment charges and requires a 2/3 rds vote to convict (never done) v. A federal official can be impeached for Treason, Bribery, or other high Crimes and Misdemeanors

v. If the President or Vice President is tried the Chief Justice will preside v. If a federal judge is tried the President or President Pro-tempore of the Senate may preside v. Punishment is determined by the Senate

Executive Powers v. Appointments v. President can appoint Cabinet Members, Justices, and foreign service representatives. v. Any presidential appointment must be confirmed or agreed to by the Senate with a majority vote. v. First the appoint is assigned to a committee and debated – they will question the candidate and maybe others v. If approved by the committee it comes before the full Senate for a vote

Senatorial Courtesy v. A person is nominated to serve in a certain State as a judge or other federal official v. A member of the President’s party, from that State opposes the nomination v. The Senate will turn down the nomination

Treaties v. If the President makes a treaty with another country v. It must go to the Senate for ratification v 2/3 rds of the Senators must vote to approve v. They may also change it or offer reservations

Investigatory Power v Congress may investigate any issue that concerns them v They may use standing committees or appoint special committees v Reasons for committees v. Gather information v. Oversee operations of executive branch v. Focus public opinion on a certain issue v. Expose questionable activities of public officials v. Promote the interests of members of Congress