The Powers of Congress

Limited Government

-Article One

-Congress is given certain powers

-defined in Article 1 of the Constitution

-Congress is denied certain powers

-defined in Article 1

• What Congress can’t do:

•Can’t favor one state over another

•Can’t tax interstate trade

•Can’t tax exports

•Can’t suspend the:

•Writ of Habeas Corpus-

•Court order that requires police to bring a prisoner to court to explain why they are holding the person

•Can’t pass any:

•Bills of Attainder

•Laws that punish a person w/o access to a jury trial

•Ex post facto laws

•Laws that make an act a crime after the act has been committed

Expressed Powers

-Expressed (written in constitution), Delegated, Enumerated, Exclusive are all the same

-Powers given to Congress in Article One

-Examples:

Money:

• Can collect taxes

• Borrow $

• Coin $

Military:

• Can declare war

• Can raise an army

Implied Powers

-Powers given to Congress by the Necessary and Proper Clause

•NOT written in Const!

•Aka the ELASTIC CLAUSE

-Interpretation of the Constitution

Examples:

Power to tax and collect taxes implies:

the power to support school

Power to draft

Additional Powers

-Power to Investigate

• This is an example of checks and balances

-Power to Propose Amendments

-Power to Impeach:

• Impeach- formally accuse officials of misconduct

Powers of the House

-Must start all Appropriation Bills

-”power of the purse”-- Power of the House whereby all revenue producing bills must be introduced in the House of Representatives

**authorization bills- allow beginning of projects and AUTHORIZE how much $ can be spent

** appropriation bills- provide $ for each program/decide how much will be appropriate to spend

-Picks President if no winner (tie) in Electoral College

-Begins the Impeachment Process

•No gov’t agency can spend $ w/o approval from Congress

Powers of the Senate

-Approves Presidential Appointments

• “Pres appoints, Senate approves”

-Approves all Treaties

“Pres appoints, Senate approves”

-Acts as jury in Impeachment cases

Other Limits

-10th Amendment

• Remember: any powers denied to national gov’t (congress) and given to STATES

-Checks and Balances System

• Each branch of gov’t exercises some control over the others!

• Examples of checks and balances:

•Supreme Ct can declare laws established by Congress unconstitutional

•President can veto bills passed by congress before they become laws

-Two Party System

•If both houses of Congress can get 2/3 vote they can override a Presidential veto!