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