Chapter 5 Section 3 (pgs.143-146) The Powers of Congress Essential Question: What powers does the Constitution give and ban from Congress?

Congressional Powers (pgs.143-146) The Constitution gives Congress 4 types of powers: delegated, implied, impeachment, and special powers Congress has gained additional powers through the Constitution by implying/ interpreting its meaning Implied powers are powers Congress has gained through the interpretation of what’s necessary and proper for the delegated powers Congress’ delegated, impeachment, and special powers are specifically listed in the Constitution

Delegated Powers (pgs.143-144) Article 1, Section 8 of the Constitution lists these powers These powers are given to Congress by the people in Constitution, because they thought the federal government would be much better for managing them The powers fall into 5 general categories: Financing Government Regulating and Encouraging American Trade and Industry Defending the Country Creating Lower Courts Providing Growth

Delegated Powers (pgs.143-144) Financing Government The Constitution authorizes Congress to raise and collect taxes, borrow money, and to print/ coin money Regulating and Encouraging American Trade and Industry The Constitution authorizes Congress to regulate trade with foreign countries and amongst states, as well as protecting the rights of inventors Defending the Country The Constitution authorizes Congress the power to declare war and maintain armed forces Creating Lower Courts The Constitution authorizes Congress to set up a national court system, pass certain laws, and ensure laws are upheld Providing for Growth The Constitution authorizes Congress to make laws regulating immigration and naturalization, govern America’s territories, and admit new states

Implied Powers (pg. 144) Implied Powers: powers not specifically granted to Congress by the U.S. Constitution that are suggested to be necessary to carry out the powers delegated to Congress under the Constitution These are powers given to Congress because they’re “Necessary and proper” in carrying out the Constitution’s delegated powers given to Congress “to make all laws which shall be necessary and proper for carrying into execution the foregoing powers.” Article 1, Section 8 of the U.S. Constitution The “necessary and proper” clause allows Congress to stretch its constitutional powers to many more areas. From this reason, this clause is also called the elastic clause Elastic Clause: Article 1, Section 8 of the U.S. Constitution; known also as the “necessary and proper” clause that allows Congress to extend its delegated powers

Impeachment Power (pgs.144-145) Congress can impeach federal officials Impeach: to charge a government official with misconduct Impeachment is only the process of bringing federal officials to trial. It doesn’t determine their guilt Only the House of Representatives can impeach/ charge federal officials of crimes. They’re responsible for listing the charges the federal official is being accused for. If the majority of representatives vote in favor of the listed charges, the official is impeached/ formally accused Only the Senate can hold the trial for the impeachment. They become the court. Usually, the Vice President is the judge. The chief justice of the Supreme Court is the judge if the president’s impeached. 2/3rds of the Senators must declare the official guilty before they’re remove from office Congress can remove federal officials for serious crimes like treason Treason: an act that betrays and endangers one’s country President Andrew Johnson and Bill Clinton were both impeached by the House of Representatives, but not found guilty of their charges by the Senate President Nixon resigned when threatened of impeachment

Which powers of Congress do you think are most important? Special Powers (pgs.145-146) The Constitution gives each house of Congress specific special powers The House of Representatives are: 1. they only can impeach public officials (charging them of misconduct) 2. they choose the president if no candidate receives enough electoral votes 3. they must start all bills raising revenue The Senate special powers are: 1. they conduct impeachment trials (determines if they’re guilty of misconduct enough to lose their public office position) 2. they choose the vice president if no candidate receives enough electoral votes 3. they must approve all treaties with foreign nations by 2/3rds vote 4. they must approve certain officials (including Supreme Court justices) appointed to public office by the president Which powers of Congress do you think are most important?

Why do you think the Constitution limits the powers of Congress? Limits on Powers (pg.146) The Constitution also limits the powers of Congress The 10th Amendment was specifically written to reserve (save, keep) some powers for state governments Amendment 10: “The powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to the States respectively, or to the people.” page 71 Those state reserve powers include regulating and conducting elections, creating and administrating schools, and establishing marriage laws The Constitution also specifically forbids Congress from: See list on page 146 Why do you think the Constitution limits the powers of Congress?