1. 6.2 Powers of Congress

2. Legislative Powers
Article I, Section 8 includes expressed powers of Congress, these are enumerated, or clearly listed in the Constitution

3. Legislative Powers
Implied Powers are powers not stated explicitly in the Constitution; Congress gains these powers under the “Necessary and Proper” Clause
“The Congress shall have Power - To make all Laws which shall be NECESSARY AND PROPER for carrying into Execution the foregoing Powers, and all other Powers vested by this Constitution in the Government of the United States, or in any Department or Officer thereof.”

4. Legislative Powers
Clause 18 is often called the elastic clause because it has allowed Congress to stretch its powers to meet new needs

5. Legislative Powers
Most of Congress’s powers are related to making laws, important powers involve raising and spending money, regulating commerce and dealing with foreign countries

6. Non-legislative Powers
Among Congress’s most important non- legislative powers are those it uses to check the other branches of government

7. Non-legislative Powers
One such power is to propose amendments to the Constitution

8. Non-legislative Powers
The Senate has the power to approve or reject the President’s nominees for office, including Supreme Court justices, federal judges, and ambassadors
President Obama and Elena Kagan, the newest Supreme Court Justice

9. Non-legislative Powers
The House has the authority to impeach, or accuse officials of misconduct in office; if a majority vote to impeach an official, the Senate holds a trial to determine guilt or innocence, a 2/3 vote removes the person from office

10. Non-legislative Powers
Only two presidents have been impeached: Andrew Johnson in 1868 and Bill Clinton in 1998; both were acquitted (not removed from office)

11. Power Limitations
According to Article I of the Constitution, Congress may not favor one state over another, tax interstate commerce, or tax exports

12. Prisoner in Guantanamo Bay Cuba
Power Limitations
Congress cannot suspend the writ of habeas corpus, this is a court order that requires police to bring a prisoner to court to explain why they are holding them
Prisoner in Guantanamo Bay Cuba

13. Power Limitations
Congress is also banned from passing bills of attainder, or laws that punish a person without a jury trial

14. Power Limitations
Congress may not pass ex post facto laws, these are laws that make an act a crime after the act has been committed
Example- the lottery is legal in NC, if in a few years it becomes illegal people cannot be punished retroactively

15. Power Limitations
Other restrictions come from the Constitution’s system of checks and balances

16. Power Limitations
The Supreme Court can declare laws established by Congress as unconstitutional, the President can veto bills passed by Congress
If both houses of Congress can muster a two-thirds vote, they can override a veto