The Powers of Congress

Chapter 6 Notes

Legislative Powers:

• expressed powers: powers given to Congress in the Constitution

• Example: “Congress shall have the Power to Raise and support Armies.”

• implied powers: not specifically given to Congress, buy fall under the “necessary and proper” clause ( Clause 18) of the Constitution in Section 8.

• elastic clause: name given to Clause 18 because it has given Congress the ability to stretch its powers to meet new needs.

Legislative Powers Continued:

• Taxing and Spending: Congress• Taxing:• Power to collect tax (pay for government

services)• All tax bills must start in the House of

Representatives• Senate must approve

Legislative Powers Continued:• Spending:• Bills to spend money must start in the House of

Representatives• 2-Step Process• Authorization bill: creates programs and

establishes how much money can • be spent on them.• Appropriations bill: actually provides the

money for each program• NO government agency can spend money

without approval from Congress

Legislative Powers Continued:

• Regulating Commerce• Congress regulates foreign and interstate trade• Foreign commerce: business with other

countries• Interstate commerce: business among the

states• Foreign Relations and Treaties:• ONLY Congress can declare war• Has the power to create, maintain, and oversee

an army and navy• Senate must approve any treaties made by the

president

Non-Legislative Powers (unrelated to making laws)

• Power of Approval and Removal:• The senate has the power to approve or reject the

president’s nominees for various officials such as ambassadors or Supreme Court justices

• The Senate regularly rejects nominees• Congress has power to remove federal officials

from office who commit serious wrong-doing.• ONLY the House of Representatives has the

power to impeach officials• Two presidents (Andrew Johnson in 1868 and Bill

Clinton in 1998) have been impeached.• Neither were removed from office

Non-Legislative Powers

• Oversight and Investigation: (implied power)

• Oversees government action• Checks the executive branch• Monitor effectiveness of federal programs • Special Investigations

REVIEW CHART ON PAGE 149 BEFORE CHAPTER 6 TEST

Power Limitations:• cannot pass laws that violate the Bill of Rights• cannot favor one state over another• no taxation of interstate commerce• cannot tax exports• cannot suspend the writ of habeas corpus

(the person arrested must be brought to court to explain why they are being held.)

• No bills of attainder ( must be allowed a jury trial)

• No ex post facto laws ( cannot make an action a crime after the fact)

REVIEW COMMITTEE CHARTS ON P. 142

Limits on Congressional Power

• No interference in state powers

• President can veto laws (overriding a veto requires a 2/3 vote in both houses)

• The Supreme Court can declare a law passed by Congress to be unconstitutional