Implied Powers

“Necessary and Proper Clause”- Implied Powers – powers that are not directly stated in The Constitution “Necessary and Proper Clause”- Gives Congress implied powers aka Elastic Clause Gives Congress the power to make all “necessary and proper” laws for executing its powers

Expressed Power: Collect Taxes Implied Powers: Punish tax evaders Regulate the sale of certain items (alcohol) and outlaw the use of others (narcotics)

Expressed Power: Establish Naturalization Law Implied Power Regulate and limit immigration

Expressed Power: Raise Armies and Navies Implied Power: Draft Americans into the military

Expressed Power: Regulate Commerce Implied Power Establish minimum wage Ban discrimination in the workplace Pass laws protecting disabled Regulate monopolies Interstate highways

Expressed Power: Establish Post Offices Implied: Prohibit mail fraud Ban shipping of certain items

Expressed Power: The War Powers Implied Powers Establish the U.S. Air Force

Expressed Power: Spend money for the general welfare Implied Cut federal highway funding to states that set the minimum drinking age below 21

Nonlegislative Powers of Congress

Constitutional Amendments Congress may propose Amendments by a 2/3 vote in each house Congress may call a national convention of delegates from each state to propose an amendment

Electoral Duties House of Representatives elects the President if no candidate receives a majority of the electoral votes. The Senate chooses the Vice President if this happens. Both houses of Congress must approve a replacement VP if a vacancy occurs.

Appointments All major presidential appointments must be confirmed by the Senate (Cabinet positions, Supreme Court Justice)

Treaties The President makes treaties “by and with the Advice and Consent of the Senate” Usually consults members of the Senate Foreign Relations Committee when negotiating a treaty

Investigatory Power Congress can investigate any matter that falls within the scope of its legislative powers

Impeachment Impeachment: a charge brought against someone who holds a government office that has committed wrongdoings DOES NOT MEAN REMOVAL FROM OFFICE!!!

Only 2 Presidents have ever been impeached: Andrew Johnson Bill Clinton Nixon was not impeached!!!

Reasons Treason Bribery High crimes and misdemeanors

Impeachment Process The House of Representatives Judiciary Committee makes sure there is enough proof to have a hearing and present their findings to the House The House then holds hearings and listens to testimonies from witnesses. If most of the members vote for impeachment it moves to the Senate

The Senate has the sole power to try all impeachments. When the President is on trial, the Chief Justice presides Senate votes; 2/3 votes (67) required in order to remove President from office.

Zero presidents have been removed from office following impeachment. Several federal judges have been.

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