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Congressional Powers Chapter 6, Section 1
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Types of Powers Legislative or Non-Legislative Expressed or Implied
Investigative Oversight
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Constitutional Powers
Founding Fathers intended for Congress to play the central role in government.
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Constitutional Powers
“Expressed Powers” (also called “Enumerated Powers”) “Implied Powers” (from the “Necessary and Proper Clause”) See page 159 in your textbook.
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Constitutional Powers
Strict Construction Loose Construction
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Powers Denied to Congress
Cannot violate Bill of Rights Cannot suspend “writ of habeas corpus” (get out of jail to go to court) Cannot pass “bills of attainder” (if convicted, can take freedom and all of your possessions) Cannot pass ex post facto laws (retroactive laws)
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Legislative Powers 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
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Legislative Powers Power to borrow money Power to coin money
Power to regulate foreign commerce
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Legislative Powers Power to regulate interstate commerce Banking
Air transportation Water pollution Minimum Wage issues Civil Rights issues
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Legislative Powers Power to regulate interstate commerce Banking
Air transportation Water pollution Minimum Wage issues Civil Rights issues Heart of Atlanta Motel v. U.S.
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Moreton Rolleston Jr., owner of the Heart of Atlanta
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Legislative Powers Foreign Policy Powers Create and maintain military
Approve treaties Declare war
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Non-Legislative Powers
Power to choose the President (if no one gets a majority of the Electoral College) Power to replace the President and VP (Presidential disability or resignation) Power of impeachment (President and judges) Power of confirmation (appointees) Power of ratification (treaties) Power to amend the Constitution
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Investigation Power Can investigate: Situations and events People
Members of Congress Congress can act much like a court.
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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 become involved.
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