6.2 Powers of 6.2 Powers of CongressCongress

Civics and Civics and EconomicsEconomics

Legislative PowersLegislative Powers

Article I, Section Article I, Section 8 includes 8 includes expressed expressed powerspowers of of Congress, these Congress, these are enumerated, are enumerated, or clearly listed or clearly listed in the in the ConstitutionConstitution

Legislative PowersLegislative Powers Implied PowersImplied Powers are powers not stated are powers not stated

explicitly in the Constitution; Congress explicitly in the Constitution; Congress gains these powers under the “Necessary gains these powers under the “Necessary and Proper” Clause and Proper” Clause

““The Congress shall have Power - To make all The Congress shall have Power - To make all Laws which shall be Laws which shall be necessary and propernecessary and proper for carrying into Execution the foregoing for carrying into Execution the foregoing Powers, and all other Powers vested by this Powers, and all other Powers vested by this Constitution in the Government of the Constitution in the Government of the United States, or in any Department or United States, or in any Department or Officer thereof.Officer thereof.””

Legislative PowersLegislative Powers Clause 18 is often called the Clause 18 is often called the

elastic clauseelastic clause because it has because it has allowed Congress to stretch its allowed Congress to stretch its powers to meet new needspowers to meet new needs

Legislative PowersLegislative Powers Most of Congress’s powers are Most of Congress’s powers are

related to making related to making lawslaws, important , important powers involve raising and spending powers involve raising and spending money, regulating commerce and money, regulating commerce and dealing with foreign countries dealing with foreign countries

Non-legislative PowersNon-legislative Powers

Among Among Congress’s most Congress’s most important non-important non-legislative legislative powers are powers are those it uses to those it uses to checkcheck the other the other branches of branches of governmentgovernment

Non-legislative PowersNon-legislative Powers One such power is to propose One such power is to propose

amendmentsamendments to the Constitution to the Constitution

Non-legislative PowersNon-legislative Powers The Senate has the power to approve or The Senate has the power to approve or

reject the reject the President’sPresident’s nominees for office, nominees for office, including Supreme Court justices, federal including Supreme Court justices, federal judges, and ambassadors judges, and ambassadors

President Obama and Elena Kagan, the newest Supreme Court Justice

Non-legislative PowersNon-legislative Powers The House has the The House has the

authority to authority to impeachimpeach, or accuse , or accuse officials of officials of misconduct in office; misconduct in office; if a majority vote to if a majority vote to impeach an official, impeach an official, the the SenateSenate holds a holds a trial to determine trial to determine guilt or innocence, a guilt or innocence, a 2/32/3 vote removes the vote removes the person from officeperson from office

Non-legislative PowersNon-legislative Powers Only two presidents have been Only two presidents have been

impeached: impeached: Andrew JohnsonAndrew Johnson in in 1868 and 1868 and Bill ClintonBill Clinton in 1998; both in 1998; both were acquitted (not removed from were acquitted (not removed from office) office)

Power LimitationsPower Limitations According to Article I of the According to Article I of the

Constitution, Congress may not Constitution, Congress may not favor one favor one statestate over another, tax over another, tax interstate commerce, or tax interstate commerce, or tax exportsexports

Power LimitationsPower Limitations

Congress cannot Congress cannot suspend the suspend the writ of writ of habeas corpushabeas corpus, this , this is a court order is a court order that requires that requires police to bring a police to bring a prisoner to court prisoner to court to explain why to explain why they are holding they are holding themthem

Prisoner in Guantanamo Bay Cuba

Power LimitationsPower Limitations Congress is also banned from Congress is also banned from

passing passing bills of attainderbills of attainder, or laws , or laws that punish a person without a jury that punish a person without a jury trialtrial

Power LimitationsPower Limitations Congress may not Congress may not

pass pass ex post facto ex post facto lawslaws, these are laws , these are laws that make an act a that make an act a crime after the act crime after the act has been committedhas been committed

Example- the lottery Example- the lottery is legal in NC, if in a is legal in NC, if in a few years it becomes few years it becomes illegal people cannot illegal people cannot be punished be punished retroactivelyretroactively

Power LimitationsPower Limitations Other restrictions come from the Other restrictions come from the

Constitution’s system of Constitution’s system of checks and checks and balancesbalances

Power LimitationsPower Limitations The Supreme Court can declare laws The Supreme Court can declare laws

established by Congress as established by Congress as unconstitutionalunconstitutional, the President can , the President can vetoveto bills passed by Congressbills passed by Congress

If both houses of Congress can muster a If both houses of Congress can muster a two-thirds vote, they can override a veto two-thirds vote, they can override a veto