Chapter 6 Section 2:Chapter 6 Section 2:The Powers of CongressThe Powers of Congress

I. Legislative PowersI. Legislative Powers• A. A. Article I, Section 8 Article I, Section 8 of the Constitution lists

Congress’s specific or expressed powers. Clause 18 gives Congress implied powers (not stated explicitly) to do whatever is “necessary and proper” to carry out the expressed powers. Clause 18 is often called the elastic clause because it allows Congress to stretch its powers to meet new needs.

• B. Congress has the power to collect taxes to pay for government and its services. All tax bills must start in the House of Representatives and be approved by the Senate.

• C. C. Congress spends money by means of a two-step process. Authorization bills create projects and set an amount to be spent on them. Appropriations bills actually provide the money for each program. Congress must approve all government spending.

• D. D. Article I, Section 8, Clause 3Article I, Section 8, Clause 3, the “commerce clause,” gives Congress the power to regulate foreign and interstate commerce. Laws dealing with air traffic, television, and air pollution are all based on this clause.

• E. E. Only Congress can declare war. Congress has the power to create, maintain, and oversee an army and navy. The Senate must approve all treaties with other countries.

GROUP WORK:GROUP WORK:DISCUSSION QUESTION:DISCUSSION QUESTION:•Why did the Founders give Why did the Founders give Congress broad powers?Congress broad powers?

ANSWER:ANSWER:• The Founders knew that they could not The Founders knew that they could not

foresee every situation Congress might foresee every situation Congress might face. They included theface. They included the “necessary and “necessary and proper” proper” clause to allow clause to allow Congress to stretch its powers Congress to stretch its powers to meet new needs. to meet new needs.

II. Non-legislative PowersII. Non-legislative Powers• A. A. Congress has powers not related to making

laws. It can propose constitutional amendments. It counts electoral votes in presidential elections. If no one receives a majority, the House picks the president and the Senate picks the vice president. If a president dies, resigns, or is too ill to serve, Congress settles the matter.

• B. B. Congress has the power to check other branches. The Senate can approve or reject the president’s nominations for jobs such as Supreme Court justice, federal judge, and ambassador.

• C. C. The House may impeach, or accuse officials of misconduct. If the majority of House members vote to impeach, the matter goes to the Senate. A two-thirds vote in the Senate is required to remove the person from office.

• D. D. Congress has taken on the role of overseeing government activities. Standing committees review how well the executive branch has put laws into practice. Congress conducts special investigations that may lead to criminal charges or new laws to deal with the problem.

GROUP WORK:GROUP WORK:DISCUSSION QUESTION:DISCUSSION QUESTION:•If the House votes to impeach an If the House votes to impeach an official, is that person removed from official, is that person removed from office?office?

ANSWER:ANSWER:• Not necessarily. After the House votes to Not necessarily. After the House votes to

impeach, the Senate acts as the jury. A two-impeach, the Senate acts as the jury. A two-thirds vote in the Senate is required to thirds vote in the Senate is required to convict and remove the person from office.convict and remove the person from office.

III. Limits on PowerIII. Limits on Power• A. A. The Constitution imposes limits on Congress.

It may not pass laws that violate the Bill of Rights. Article I says that Congress may not favor one state over another, tax interstate commerce, or tax exports.

• B. B. Congress cannot suspend the writ of habeas corpus. This is a court order that requires police to explain why they are holding a suspect.

• C. C. Congress may not pass bills of attainder, or laws that punish a person without a jury trial. Congress may not pass ex post facto laws that make an act a crime after the act has been committed. Congress may not interfere with powers reserved for the states.

• D. Other branches can check the power of Congress. The Supreme Court may declare laws unconstitutional. The president can veto bills.

GROUP WORK:GROUP WORK:DISCUSSION QUESTION:DISCUSSION QUESTION:•Does a president’s veto kill a bill, Does a president’s veto kill a bill, or can the bill become a law or can the bill become a law anyway?anyway?

ANSWER:ANSWER:• The bill can still become law if Congress The bill can still become law if Congress

overrides the veto with a two-thirds overrides the veto with a two-thirds vote.vote.

EXIT STRATEGY:EXIT STRATEGY: