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The Power of Congress
Section 2
Key Terms
• Expressed Powers:Powers that Congress has that are specifically listed in the Constitution
• Implied Powers:Powers that Congress ahs that are not stated explicitly in the Constitution
• Elastic Clause:Clause in article I, section 8 of the Constitution that gives Congress the right to make all laws “necessary and proper” to carry out its expressed powers
• Impeach:To accuse government officials of misconduct in office
Key Terms cont.
• Writ of Habeas Corpus:A court order that requires police to bring a prisoner to court to explain why they are holding the person
• Bill of Attainder:a law that punishes a person accused of a crime without a trial or a fair hearing in a court
• Ex Post Facto Law:A law that would allow a person to be punished for an action that was not against the law when it was committed
Legislative Powers
• Founding fathers knew they couldn’t foresee every situations Congress may see:– Gave Congress broad
powers– Expressed Powers– Implied Powers (clause 18)
• Elastic clause(support)
Legislative Powers cont.
• Most powers of Congress:– Related to making laws
• Laws governing: – Federal property– National parks– Military bases– Post offices– Federal courts
• Important Legislative Powers:– Raising and spending money– Regulating commerce– Foreign affairs
Taxing and Spending
• Congress has power to collect taxes– Pay for govt. and services
• Tax bills to raise money start in House of Reps.– Framers believed those
closest to the people should propose the tax
– The Senate must approve tax
Taxing and Spending cont.
• Bill to spend money start in the House
• Congress spends money through a 2-step process:– Authorization Bills– Appropriations Bills
Authorization Bills
• Create projects and state how much money can be spent on them:– Example: Space shuttle program
Appropriations Bills
• Provide money for each program or activity
• No govt. agency can spend money without approval from Congress
Regulating Commerce
• Article I, Section 8, Clause 3:– Give power to
Congress to regulate foreign and interstate commerce
• Interstate Commerce:– Trade and other
economic activities among the states
Commerce Clause
• Laws deal with:– Basis for most important powers of Congress
• Air traffic• Trucking • Radio• Television• Air pollution• Stock Market
Foreign Relations and Treaties
• Only Congress can declare war
• Power to create, maintain, and oversee army and navy
• Senate must approve treaties the president makes with other countries
• Regulate commerce with other countries
Nonlegislative Powers
• Congress can propose constitutional amendments– 2/3rds vote from both
Houses
• Counting electoral votes (president)– No majority
• Congress picks from top-3 vote getters
• Senate chooses V.P.
• Check other branches of govt.
The Power of Approval and Removal
• Senate has power to approve or reject president’s nominees:
– High-ranking officials
– Federal judges
– Ambassadors
• Impeach
– Senate acts as jury
– 2/3rds vote to convict
• 2 presidents have been impeached
– Andrew Johnson (1868)
– Bill Clinton (1998)
• acquitted
Oversight and Investigation
• Oversee govt. activities– Standing Committees
• Example: Agriculture Committee-monitor effectiveness of programs designed to help farmers
Limits on Power
• Constitution explains what Congress may not do– Bill of Rights
• Article I: Congress may not favor one state over another– Tax interstate commerce
– Tax exports
Limits on Power cont.
• Cannot suspend writ of habeas corpus
• Prohibited from passing bill of attainders
• May not pass ex post facto laws
• Congress cannot interfere with powers reserved for the states– Public school systems– Establish local govt’s
Homework
• Chapter 6 Section 2 Worksheets
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