POWERS OF CONGRESS

ENUMERATED POWERS OF CONGRESS

ENUMEREATED POWERS The enumerated powers of Congress are listed in Article 1, Section 8 There are 18 enumerated powers of Congress Can be characterized as Legislative and Non-legislative powers

What’s the Power? Get with your partner. Each team will have an envelope of cards that describe the enumerated powers of Congress (those listed in the Constitution). With your partner, go through the power cards and put them into categories. You decide the categories that are appropriate and group accordingly.

ENUMEREATED POWERS Can be characterized as Legislative and Non- legislative powers We are going to start by looking at the legislative powers of Congress. The next slide gives a summarized version of the legislative powers that are on the power cards. Match the powers to the categories I have given you on your note page.

ENUMERATED POWERS: Can You Match These? Establish rules for becoming a citizen Punish piracy Collect taxes Establish a system of national courts Coin money Punish counterfeiters Raise and maintain armed forces Establish uniform standard of weights and measures Borrow money Declare war Foreign and interstate trade Establish post offices Govern the District of Columbia Copyright and patent laws

ENUMERATED POWERS: Legislative Powers Government Finance Collect taxes Coin money Establish uniform standard of weights and measures Borrow money

ENUMERATED POWERS: Legislative Powers 2. Regulate Commerce Foreign and interstate trade Establish post offices

ENUMERATED POWERS: Legislative Powers 3. National Defense Declare war Raise and maintain armed forces

ENUMERATED POWERS: Legislative Powers 4. Law Enforcement Copyright and patent laws Punish piracy Punish counterfeiters Establish a system of national courts

ENUMERATED POWERS: Legislative Powers 5. National Sovereignty Govern the District of Columbia Establish rules for becoming a citizen

ENUMERATED POWERS: Non-legislative Powers Removal Power House Brings charges for misconduct in office = impeachment Senate Holds trial on impeachment charges; decides if remove

ENUMERATED POWERS: Non-legislative Powers 2. Choosing the Pres and VP if No Candidate Wins a Majority of Electoral Votes: House Selects president Senate Selects vice-president

ENUMERATED POWERS: Non-legislative Powers 3. Confirmation / Approval Senate 2/3 vote to approve presidential appointments -- Supreme Court justices -- ambassadors -- cabinet

ENUMERATED POWERS: Non-legislative Powers 4. Ratification/Approval Power Senate 2/3 vote to approve presidential treaties

ENUMERATED POWERS: Non-legislative Powers 5. Amendment Power House Senate 2/3 of both houses to propose Constitutional amendments

ENUMERATED POWERS: Non-legislative Powers Oversight BOTH Power of Congress to investigate and review how effectively the executive branch carries out laws passed by Congress

IMPLIED POWERS OF CONGRESS

IMPLIED POWERS What is it? Implies that Congress has powers beyond those enumerated/listed in the Constitution Where is it in the Constitution? “Necessary and Proper Clause” (aka Elastic Clause) Why is it important? Allow Congress to expand its role and powers

IMPLIED POWERS Collect Taxes Established the IRS to collect taxes each year Borrow Money Created a national bank (Bank of the U.S.) & the Fed Establish Naturalization laws Setting quotas on immigration

IMPLIED POWERS Maintain armed forces Instituted a draft Regulate Commerce Ending Segregation in the South Regulating railroads Building interstates

LIMITATIONS ON THE POWER OF CONGRESS

LIMITATIONS on the Powers of Congress Judicial Review Court can declare laws unconstitutional 10th Amendment Reserves powers to the states Cannot tax exports

LIMITATIONS on the Powers of Congress Ex Post Facto Laws Law that applies to an action that took place before the law was passed. Bills of Attainder Law that punishes a person who has not yet been convicted in a court of law Suspend the Writ of Habeas Corpus Court order requiring police to bring accused persons to court and tell why being kept in jail

There will be a “pop” quiz tomorrow! Let’s Practice! With your partner look at the scenarios and decide which power of Congress it exemplifies. Then complete the Venn Diagram on the back. There will be a “pop” quiz tomorrow!