“The Powers of Congress” Chapter 8, Section 2: “The Powers of Congress”

The Preamble of the U.S. Constitution Do you see a Resemblance? We the People of the United States, In Order to form a More Perfect Union, Establish Justice, Insure Domestic Tranquility, Provide for the Common Defense, Promote the General Welfare, and Secure the Blessings of Liberty to Ourselves and our Posterity, Do Ordain and Establish this Constitution for the United States of America. Powers of Congress Promoting the General Welfare. Providing for the Common Defense. Establishing Justice. Do you see a Resemblance?

“Promoting the General Welfare” General Welfare: the needs of all the people in a nation. Congress promotes the general welfare by making laws that help people live better. These laws involve the regulating or limiting of commerce, or business, with other nations and between states. Example: The law requiring businesses the pay at least the Minimum Wage.

“Power of the Purse” Congress also has the power to collect & borrow money. The Government would not function without money. Congress also has the “Power of the Purse”, or final approval of the National Budget. All bills about money MUST be introduced in the House first Budget: the nation’s plan for raising and spending money.

“Providing for the Common Defense” Providing for Defense: The power to establish and maintain an Army and a Navy. Congress also has the sole power to declare war. Last time this power was used, 1941, when U.S. declared war on Japan. 1973 – Congressed passed War Powers Act, limits president’s power to send troops into combat *Highly debated issue

“Establishing Justice” Congress may create Federal Courts below the Supreme Court. The Appointment of Judges to these courts must be approved by the Senate. Supreme Court Justices are also appointed by Congress Congress also has the power to impeach, or accuse, an official (President or Justice) of serious wrongdoing. Only the House has the power to impeach. The senate can, however put the impeached on trial. Examples of impeachment: Andrew Johnson, 1868 & Bill Clinton, 1998. Both cases, the Senate voted not to convict the President.

“Unlisted Powers” A clause in the Constitution allows Congress to make all that are “Necessary and Proper” for carrying out these powers. Example: Congress must set up a mint, design currency, buy metal and paper, hire workers in order to coin money. The “Elastic Clause” helps the Government to carry out its work and change with the times.

“Non-legislative Powers” The Constitution grants Congress several important non-legislative powers. Examples: Power to conduct investigations. Power to gather information to make laws. Power to find out how the executive branch is enforcing laws.

Are Congress’ Powers ever Limited??

“Limits on the Powers of Congress” There are both General and specific limits to the powers of Congress.

General Limits on the Powers of Congress General: Checks and Balances Executive Branch can veto proposed laws. Judicial Branch can declare laws unconstitutional.

Specific Limits on the Powers of Congress Specific: Article I, Section 9 of the U.S. Constitution These limits protect the rights of the citizens. If you are in jail without a trial, you can obtain a writ of Habeas Corpus This orders the police to bring you to court. Congress cannot take away a citizen’s writ of habeas corpus except in times of invasion or Civil War.

Specific Limits Continued… Article I, Section 9 also prevents Congress from passing bills of attainder and ex post facto laws. Bill of Attainder: a law that convicts a person of a crime without a trial. Ex Post Facto Law: laws that make a particular act a crime, then punishes people who committed the act before it was a crime.