6.2 Powers of Congress
Legislative Powers Article I, Section 8 includes expressed powers of Congress, these are enumerated, or clearly listed in the Constitution
Legislative Powers Implied Powers are powers not stated explicitly in the Constitution; Congress gains these powers under the “Necessary and Proper” Clause “The Congress shall have Power - To make all Laws which shall be NECESSARY AND PROPER for carrying into Execution the foregoing Powers, and all other Powers vested by this Constitution in the Government of the United States, or in any Department or Officer thereof.”
Legislative Powers Clause 18 is often called the elastic clause because it has allowed Congress to stretch its powers to meet new needs
Legislative Powers Most of Congress’s powers are related to making laws, important powers involve raising and spending money, regulating commerce and dealing with foreign countries
Non-legislative Powers Among Congress’s most important non- legislative powers are those it uses to check the other branches of government
Non-legislative Powers One such power is to propose amendments to the Constitution
Non-legislative Powers The Senate has the power to approve or reject the President’s nominees for office, including Supreme Court justices, federal judges, and ambassadors President Obama and Elena Kagan, the newest Supreme Court Justice
Non-legislative Powers The House has the authority to impeach, or accuse officials of misconduct in office; if a majority vote to impeach an official, the Senate holds a trial to determine guilt or innocence, a 2/3 vote removes the person from office
Non-legislative Powers Only two presidents have been impeached: Andrew Johnson in 1868 and Bill Clinton in 1998; both were acquitted (not removed from office)
Power Limitations According to Article I of the Constitution, Congress may not favor one state over another, tax interstate commerce, or tax exports
Prisoner in Guantanamo Bay Cuba Power Limitations Congress cannot suspend the writ of habeas corpus, this is a court order that requires police to bring a prisoner to court to explain why they are holding them Prisoner in Guantanamo Bay Cuba
Power Limitations Congress is also banned from passing bills of attainder, or laws that punish a person without a jury trial
Power Limitations Congress may not pass ex post facto laws, these are laws that make an act a crime after the act has been committed Example- the lottery is legal in NC, if in a few years it becomes illegal people cannot be punished retroactively
Power Limitations Other restrictions come from the Constitution’s system of checks and balances
Power Limitations The Supreme Court can declare laws established by Congress as unconstitutional, the President can veto bills passed by Congress If both houses of Congress can muster a two-thirds vote, they can override a veto