POWERS OF CONGRESS
Delegated Powers (again…) Article I, Section 8: Powers delegated to Congress Financing Government Regulating and Encouraging American Trade/Industry Defending the Country Creating Lower Courts: National Court System Providing for Growth
Financing Our Government Borrowing Money Collecting Taxes Printing and Coining Money Spending for Programs
Regulating Trade Domestically Trade between states (interstate commerce) Laws to protect rights of inventors (patents, trademarks, copyrights, etc.) Internationally Tariffs and embargoes Trade with foreign nations
Defending Our Country Declaration of War Only Congress can do this! Have we had times when we fought without declaring war? Maintaining armed forces, regulating use of troops Approval of Treaties
Providing for Growth Regulation of Immigration/Naturalization Govern US territories, national parks, naval bases, etc. Provide admission for new states Acquire lands War, eminent domain, treaties, purchase or gift, etc.
Implied Powers The elastic clause “make all laws which shall be necessary and proper for carrying into execution the foregoing powers” Stretches Congressional role to many other areas Examples: Military academies and draft (necessary to ensure defense of US), minimum wage (regulation of commerce)
Impeachment Impeachment: accuse an officeholder of misconduct If guilty, they may be removed from office Charges drawn up in House Majority votes in favor of charges, official is impeached Senate will then hear trial with vice president acting as the judge (exception: presidential impeachment, when the chief justice presides over hearing) If 2/3 of Senate finds accused guilty, they may be dismissed from office
Special Powers by Chamber House Starts revenue bills Impeach public officials Chooses president if electoral majority not reached Senate Impeachment trials Vice president if no VP candidate gets enough votes Treaties approved with 2/3 vote Supreme Court justices approved by majority vote
What Congress Can’t Do… Infringe on Reserved Powers to States (10 th Amendment) Regulate elections, create schools, establish marriage laws, etc. No ex post facto laws (laws that apply to actions that occurred before laws were passed) No bills of attainder (sentence people to prison without trial) No taxing exports
What Congress Can’t Do… No passing laws that violate Bill of Rights No favoring trade of a specific state No titles of nobility No withdrawing of money without a law No suspending write of habeas corpus (cannot remove right to a court order)