1. Chapter Five The Federal Government The Legislative Branch ~~~~~
The Powers of Congress

3. Powers of Congress Congress has three types of powers Delegated Powers
assigned to the legislative branch by the Constitution
implied
based on interpretation of constitutional powers
impeachment
checks and balances system created by Constitution
Delegated Powers
Article I, Section 8, Clauses 1-17 of the Constitution
called delegated because they are specifically assigned to Congress
these powers give Congress the authority to make laws in five important areas
financing the government
regulating and encouraging trade and industry
defending the country
creating lower courts
providing for growth

4. Delegated Powers Financing Government raise and collect taxes
borrow money
print and coin money
pay the debts of the U.S.
provide for the country's defense and general welfare

5. Delegated Powers
Regulating and Encouraging American Trade and Industry
regulate trade with foreign countries
regulate trade between the states (domestic)
sets a uniform standard of weights and measures
English and Metric system
protect the rights of inventors
patents, copyrights, trademarks
establishment of post offices
regulates the building of roads
U.S. routes, interstates
set punishments for piracy and other major crimes committed against American ships on the high seas

6. Delegated Powers Defending the Country power to declare war
maintain an army and a navy
provide for a citizen army that can be called to duty during wartime or national emergencies
national guard or state militia

7. Delegated Powers Creating Lower Courts
pass laws concerning such crimes as counterfeiting and treason
established a system of national courts to ensure that these and other federal laws are upheld

8. Delegated Powers Providing for Growth regulate immigration
pass naturalization laws
make it possible for immigrants to become U.S. citizens
power to govern the country's territories
provide for the admission of new states

10. Implied Powers the necessary and proper clause (elastic clause)
Article I Section 8 Clause 18
Congress has the power "to make all laws which shall be necessary and proper for carrying into execution [carrying out] the foregoing powers [delegated powers].“
known as the elastic clause
allows Congress to stretch the delegated powers listed in the Constitution to cover many other subjects
permits Congress to pass laws related to situations that developed after the Constitution was written
defend the country – create military academies
regulate trade and industry – set minimum wage
Implied Powers = Powers not specifically granted to Congress by the Constitution that are suggested to be necessary to carry out the powers delegated to Congress under the Constitution.

11. Examples of Implied Powers

12. Impeachment Power Impeachment
power to accuse high federal officials of serious crimes against the country
president, vice president, and federal judges
members of the executive branch and judicial branch
part of checks and balances system
power to bring these officials to trial for their crimes
power to remove these officials from office if they are found guilty of these crimes
treason
an act that betrays or endangers one's country
abuse of power
Watergate scandal
perjury or obstruction
Clinton affair
Impeachment = The House procedure of drawing up and passing a list of charges against a high federal official.

13. Impeachment Power House of Representatives Senate
draws up charges against an accused official
list of charges is read before the entire House
representatives vote
if a majority vote in favor of the list of charges, the official is impeached, or formally accused and put on trial
Senate
holds trial on the impeachment charges
vice president usually acts as the judge
if the president is impeached the chief justice of the Supreme Court presides over the trial instead
members of the Senate become a court jury
hear the evidence
examine all witnesses
votes on the guilt or innocence of the official
two thirds of the Senate must find the official guilty before he or she can be dismissed from office

14. Impeached Officials impeachment process has rarely been used
17 federal officials have been impeached
seven of them, all judges, were found guilty of the charges brought against them and dismissed from office
two presidents have been impeached - Andrew Johnson and Bill Clinton
President Johnson was found not guilty by only one vote
President Clinton was impeached on charges that he lied under oath and obstructed justice - found not guilty of both charges
the threat of impeachment led President Richard M. Nixon to resign from office
Watergate scandal

15. Special Powers House of Representatives Senate
The House alone can start impeachment proceedings.
All bills for raising money must begin in the House.
If no presidential candidate receives the number of electoral votes needed to be elected, House members choose the president.
Senate
All impeachment trials must be held in the Senate.
If no vice-presidential candidate receives the number
of electoral votes needed to be elected, then senators
choose the vice president.
All treaties, or written agreements, with foreign nations must be approved in the Senate by a two-thirds vote.
Certain high officials appointed by the president must be approved in the Senate by a majority vote. Such officials include justices of the Supreme Court. 15

16. Limits on Powers powers of Congress are limited in several ways
The Supreme Court has the power to decide when Congress has overstepped the powers granted to it by the Constitution
judicial review – part of checks and balances
if Court rules that Congress has passed a law that exceeds Congress's constitutional powers the law has no force
Tenth Amendment reserves powers not specifically granted to the national government for the state governments
states have authority regarding elections, education, marriage
Article I, Section 9, denies certain powers to Congress
passing ex post facto laws
passing bills of attainder
suspending the writ of habeas corpus
taxing exports
favoring trade of a state
granting titles of nobility
withdrawing money without a law
Congress cannot pass laws that violate the Bill of Rights 16

17. Denied Powers
Ex Post Facto Law = A law that applies to an action that took place before the law was passed.
Congress cannot pass a law banning the use of foreign cars and then have people arrested who used foreign cars before the law was passed
*Bill of Attainder = A law sentencing a person to jail without a trial.
the Constitution provides that anyone accused
of a crime must be given a trial in a court of law
*Writ of Habeas Corpus = A court order requiring that an accused person be brought to court to determine if there is enough evidence to hold the person for trial.
this system prevents a person from being kept in jail indefinitely
the only exception to this rule can occur in times of rebellion or invasion
* these would both violate the 5th amendment due process of law 17

18. Denied Powers Taxing Exports Favoring Trade of a State
goods that are sent to other countries are called exports
a tax on exports would harm the country's foreign and domestic trade
Congress can pass taxes on imports
Favoring Trade of a State
Congress cannot pass laws giving a state or group of states an unfair trade advantage
laws regulating trade must apply equally to all states
Granting Titles of Nobility
Americans believe that all people are created equal
they are opposed to establishing a noble class, or small group of persons with rights superior to those of other citizens (like England)
Withdrawing Money Without a Law
must pass a law indicating how money shall be spent
it must specify the amount to be spent before public funds
are made available
must pass additional laws to provide the money for carrying out any new laws it passes 18