Congressional Powers

Types of Powers Legislative or Non-Legislative Expressed or Implied Investigative Oversight

Constitutional Powers Founding Fathers intended for Congress to play the central role in government.

“Expressed Powers” (also called “Enumerated Powers”) “Implied Powers” (from the “Necessary and Proper Clause”). Constitutional Powers

Powers Denied to Congress Can’t violate Bill of Rights Can’t suspend “writ of habeas corpus” Can’t pass “bills of attainder” Can’t pass ex post facto laws

Legislative Powers # 1 Taxing and Spending Power –Power to levy taxes –Provide for general welfare of nation Remember: All revenue bills must originate in the House of Representatives

Appropriations Bills Proposed laws to authorize spending money. These are spending request. Usually done by the Executive Branch. Used this idea and the ability to have taxing and spending authority to expand there expressed powers.

Expanded Powers Congress authorizes money for state or local governments. –Follow federal regulations to gain grant. Levy taxes on goods considered undesirable. –Example: Tobacco Regulate the Economy –Example: cutting individual income taxes, increasing taxes, leaving taxpayers with smaller paychecks.

Power to borrow money Power to coin money Power to regulate foreign commerce Legislative Powers #2

Legislative Powers #3 Power to regulate interstate commerce –Banking –Air transportation –Water pollution –Civil Rights issues Heart of Atlanta Motel v. U.S. –Minimum Wage issues

Foreign Policy Powers Create and maintain military Approve treaties Declare war Legislative Powers #4

Nations Growth Naturalization –Process of immigration into the United States to become citizens. Allows Congress too… –Admit new states –Pass laws to govern any territories –Govern federal property Such as military bases or Government buildings

Copyright Power Power to grant copyrights and patents. Copyrights: –Exclusive right to publish and sell a literary, musical, or artistic work for a specified period of time. Patents: –Exclusive right of an inventor to manufacture, use, and sell his/ her invention for a specific period.

Congress Other Powers Establish Postal Service –Mailing documents to citizens of the United States and abroad. Establish Federal Courts –Deals with the set up and process of federal court use. –Ex: Using mail for any illegal act is a federal crime.

Non-Legislative Powers Power to choose the President Power to replace the President and VP Power of impeachment Power of confirmation Power of ratification Power to propose amendments to the Constitution

Investigation Power Standing and Select Committees Can investigate: Situations and events People Members of Congress Congress can act much like a court.

Oversight Power This is the authority to continually review how effectively the Executive Branch is carrying out the laws passed by Congress. Reality: Oversight is uneven because politics are involved.

Oversight Power over Executive Require Executive agencies to submit reports to Congress on their activities. Ask groups like GAO to study an Executive agencies work. Ability to Coin Money and Appropriate it. Legislative Veto.