Unit 3: The Legislative Branch Powers of Congress

Powers of Congress Main Idea: Introduction to Powers of Congress Notes: Nearly half of the text of the Constitution is found in Article I (outlining the Legislative Branch). This tells us that our founders thought the Legislative Branch was very important.

Powers of Congress Main Idea: Introduction to Powers of Congress (cont’d.) Notes: The Constitution gives Congress a specific list of powers (expressed/enumerated powers) in Article I, Section 8, Clauses 1-18. Clause 18 also gives Congress the ability to expand its power through the Necessary and Proper/Elastic Clause—giving Congress Implied Powers, which means they are not specifically listed in the Constitution.

Powers of Congress Main Idea: Strict vs. Broad Construction Notes: Congressional power has the potential to grow so much that the Supreme Court has had to weigh in on conflicts between those who believe in a “strict construction”, or a narrow interpretation of the Constitution, and those that have a “broad construction”, or a broad interpretation of the Constitution. EX: Creation of the 2nd Bank of the United States.

Powers of Congress Main Idea: Expressed Powers Notes: Some of the most important expressed powers of Congress include: Taxing and Spending (Clause 1) Borrowing (Clause 2) Commerce (Clause 3) War Powers (Clauses 12-16)

Powers of Congress Main Idea: Implied Powers Notes: Some powers of Congress were specifically outlined in the Constitution also imply that Congress has additional powers that may not be specifically outlined in the Constitution. These are referred to as Implied Powers. Most of these powers are made possible by the Elastic Clause.

Powers of Congress Main Idea: Implied Powers (cont’d.) Notes: Some examples of Implied Powers include the following: The power to collect taxes implies the power to support public schools, welfare programs, public housing, etc. The power to borrow money implies the power to maintain a Federal Reserve Board.

Powers of Congress Main Idea: Implied Powers (cont’d.) Notes: 3. The power to regulate trade implies the power to prohibit discrimination in restaurants, hotels and other accommodations. 4. The power to raise and support an army implies the right to draft people into the armed forces.

Powers of Congress Main Idea: Legislative Oversight and Investigative Powers Notes: Congress is also given the power to oversee decisions made by other branches. EX: The Senate must approve all appointments of Federal officials by the President. The Senate also has the power to ratify treaties between the U.S. and other nations.

Powers of Congress Main Idea: Legislative Oversight and Investigative Powers (cont’d.) Notes: Congress also has the power to remove Federal officials. The House of Representatives may impeach (or formally accuse) an official, and the Senate may then conduct investigations/trials. A 2/3 vote in the Senate can remove an official from office.