Unit Three: The Congressional Branch United States Government and Politics Spring 2015 POWERS OF CONGRESS

ENUMERATED POWERS Article I, Section 8, Clauses 1-18 of the United States Constitution

ENUMERATED POWERS Clause One: Lay and collect taxes (for defense and general welfare) Clause Two: Borrow money Clause Three: Regulate foreign and interstate commerce Clause Four: Establish bankruptcy laws Clause Five: Coin, print, and regulate money Clause Six: Punish people who produce counterfeit American currency Clause Seven: Establish a post office and post roads Clause Eight: Grant copyright and patents Clause Nine: Create lower federal courts

ENUMERATED POWERS Clause Ten: Punish acts committed on international waters and against the laws of nations Clause Eleven: Declare War Clauses Twelve, Thirteen, and Fourteen: Raise, support, and regulate an army and navy Clauses Fifteen and Sixteen: Provide, regulate, and call into service a militia (known as the National Guard) Clause Seventeen: Govern Washington D.C. Clause Eighteen: “Necessary and Proper Clause” – “The Elastic Clause” Provide for laws necessary and proper for carrying out all listed powers

ENUMERATED POWERS (NOT CLAUSE-SPECIFIC) Foreign Policy Powers Power to approve treaties, declare war, make rules governing land and naval forces, create and maintain an army and navy, and regulate foreign commerce Congress shares foreign policy and national defense policy powers with the president and usually allows the president to take leadership in this area Provide for Nation’s Growth Power to govern naturalization process, admit new states, and pass laws needed to govern territories Power to govern federal property (military bases, government buildings, national parks, historic sites, and public lands)

ENUMERATED POWER (NON-LEGISLATIVE) Power to choose a president Joint Session of Congress meets to count Electoral College votes If no candidate wins a majority of the votes… House chooses president from three candidates with the most votes; each state gets one vote Senate chooses vice president from two candidates by majority vote Removal power Impeachment of any federal official from office Exclusive power given to House – majority vote Senators conduct the trial – 2/3 vote required to convict and remove an official If the president is on trial the Chief Justice of the Supreme Court oversees the case

ENUMERATED POWERS (NON-LEGISLATIVE) Confirmation Power Senate must approve presidential appointments Ratification Power Senate approves treaties between the United States and other nations by 2/3 vote Amendment Power Shared with state legislatures

IMPLIED POWERS Necessary and Proper Clause

IMPLIED POWERS Power to lay and collect taxes Power to support public schools, welfare programs, public housing, et cetera Power to borrow money Power to maintain the Federal Reserve Board Power to regulate commerce Power to prohibit discrimination in restaurants, hotels, and other public accommodations Power to raise and support an army Power to draft people into the armed services Power to establish laws of naturalization Power to limit the number of immigrants to the United States