which does congress not have the power to do
In â2 âfact, such a concept, if a doctrine would be in conflict with the doctrine that the Congress is a government of enumerated powers. [Footnote 3] As such, Congress does not have the power to make its obligations a legal tender in payment of debts, since the concept of implied powers does not exist in the Constitution. Since the power is not granted (expressly) to Congress, the power to make its obligations a legal tender in payment of private debts is not given to Congress under the Constitution of the United States of America.